Compensation

Michael Wukoschitz's picture

Austria: Supreme Court decides on fatal scuba diving trip with tiger sharks

Upon request of two consumers, the Defendant (an Austrian travel agent) offered them a package consisting of a tiger shark scuba diving trip to the Bahamas organized by a Florida based scuba diving company and the flights from/to Austria. The concept of the diving trip was based on watching tiger sharks while diving without a protecting cage.

Stephan Keiler's picture

IFTTA Europe Workshop: Air Passenger's Rights

Dear IFTTA friends,

as the European Workshop on the Review of the Air Passengers' Rights Regulation comes nearer I would like to remind you gently to have a look to the updated topics to be discussed.

 I kindly ask everyone to choose one or more topics an to circulate the drafted input until June 23rd.

Michael Wukoschitz's picture

Canada: air carrier not liable for delay caused by mechanical problem

The Plaintiffs were booked on an Alitalia flight from Bari to Rome and then on to Montreal. Because of a mechanical problem, which was identified only shortly before departure, the flight from Bari to Rome was delayed almost 3 hrs and they missed their connecting flight to Montreal.

However, the claim was dismissed as Alitalia could produce evidence that once the problem was discovered, the aircraft was repaired as quickly as possible and thus proved that it took all reasonable measures to avoid the delay.

Michael Wukoschitz's picture

USA: DOT issues new passenger rights regulation

The Department of Transportation (DOT) has issued a final rule to improve the air travel environment for consumers by:

Michael Wukoschitz's picture

German court asks ECJ: can a discontinued flight be regarded as delayed pursuant to Reg. 261/2004?

Plaintiff had booked a round trip flight from Frankfurt to Antigua. The return flight started on time and had a scheduled stopover in Punta Cana. From there the aircraft started on time as well but due to a technical problem - the landing gear could not be retracted - had to return to Punta Cana airport from where it could only depart again 24 hrs later.

Plaintiff filed a law suit claiming compensation pursuant to Reg. 261/2004. Court of first instance granted the claim. Upon defendant's appeal, the appelate court (LG Frankfurt am Main) referred the following questions to the ECJ

Michael Wukoschitz's picture

Austria: court denies compensation for missed connecting flight

The plaintiffs had booked a flight from Linz to Perth via Frankfurt and Hongkong with the defendant. The flight from Linz to Frankfurt, however, was to be operated not by the defendant but by another airline. The flight from Linz to Frankfurt was cancelled and the operating carrier offered plaintiffs an alternative flight. This (substitute) feeder was delayed and the plaintiffs thus missed their connecting flight to Hongkong.

Michael Wukoschitz's picture

Germany: Montreal liabilty limit for lost baggage applies per passenger regardless of number of checked pieces of baggage

On August 31, 2008, the plaintiff traveled together with her husband on a flight from Frankfurt/Main to Malaga, operated by the defandant. Upon arrival she discovered that her golf bag (checked baggage) was lost. She claimed that the bag did not only contain her own golf equipment but also that of her husband who had assigned his claims to her. She sued for a compensation which in total exceeded the amount of the limit under Article 22 para. 2 Montreal Convention.

Michael Wukoschitz's picture

Germany: yet another reference for preliminary ruling with regard to Reg. 261/2004

Amtsgericht Köln referred the following questions to the ECJ for preliminary ruling (summarized translation)

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