Germany

Michael Wukoschitz's picture

German Supreme Court decides on international jurisdiction for claims under Reg. 261/2004

Plaintiff sued for compensation under Reg. 261/2004 against a US carrier after his flight from FRA to the US had been cancelled due to a technical defect. First instance court (AG Frankfurt/Main) dismissed the claim because of lacking international jurisdiction. The appelate court (LG Fankfurt/Main) reversed the judgement and and granted the claim for which German courts had jurisdiction.

Michael Wukoschitz's picture

Germany: Prussian foundation entitled to interdict commercial photos and film-shots of its castles and gardens

The Prussian Castles and Gardens Foundation is managing more than 150 historcial buildings and more than 800 gardens (as for instance Sanssouci), most of them acknowledged as world heritage by UNESCO. The Foundation refuses to accept that these cultural possesions are photographed or filmed for commercial purposes without permission. The Foundation therefore sued two picture agencies and a commercial filmmaker.

Michael Wukoschitz's picture

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

Plaintiiff had booked a journey from Bremen/Germany to Asunción/Paraguay via Paris and São Paulo. Departure from Bremen to Paris was delayed about 2:30 hrs. Plaintiff therefore missed the connecting flight to São Paulo, was re-routed and reached Asunción only 11 hrs after the originally scheduled arrival time. She sued for compensation of EUR 600 under Reg. 261/2004 and AG Bremen as first instance court granted the claim. The appelate court (OLG Bremen) upheld the decision.

Michael Wukoschitz's picture

German court approves hotel ban on extreme right wing politician

Udo Voigt, chairman of the extreme right wing German NPD ("Democratic Party of Germany") and his wife booked a private vacation at a wellness resort in Brandenburg (Germany). Ten days before the scheduled arrival, the hotel director informed them that Voigt was banned from entering the hotel as his extreme politcal views were detrimental to the image of the hotel and the other guests' desire for comfort and relaxation.

Michael Wukoschitz's picture

German Supreme Court: tour organizer can be liable for delayed train to airport in "Rail & Fly" packages

Plaintiff had booked a package with "Meier's Weltreisen". The package included air transport from Düsseldorf to the Dominican Republic and vice versa, hotel accomodation and all inclusive board. With regard to getting to the airport, plaintiff chose to book a rail ticket offered by Meier's Weltreisen in connection with the package, promoted "to avoid stress and traffic jams". Meier's Weltreisen recommended to choose a train connection which arrives at the airport at least 2 hrs before scheduled departure. Plaintiff's flight was scheduled for departure at 11:15.

Michael Wukoschitz's picture

Germany: cancellation of a feeder flight entitles to compensation according to the distance to the last destination

KLM sued a passenger for the price of a return ticket from Berlin via Amsterdam to Curacao. The passenger argued that due to cancellation of the feeder flight from BER to AMS, as a consequence of which he and his wife had missed the long haul flight and had to fly one day later, he was entitled to a compensation of EUR 600 per person which he would set off against KLM's claim.

Michael Wukoschitz's picture

Germany: extention of previously announced early booking discount period not misleading

Defendant, a tour organizer organizing packages for children announced on his website an early booking discount of EUR 25 for a particular package if booking was made until March 31, 2009 latest. He then extended this period to April 17 and on Arpil 21 announced that the discount will be granted for every booking until April 30. However, even after the latter date defendant went on granting the discount. A costumer was told that this was because of favourable acquisition prices which were unexpectedly still available and which defendant wanted to pass on.

Michael Wukoschitz's picture

Germany: Restaurant dress code does not constitute mal-performance

A couple booked a holiday package to Greece including hotel accomodation and half-board at EUR 2.074. When entering the restaurant, the man was requested to change his shorts to long trousers. He felt compromised and treated unfair. Upon return he claimed fo a price reduction of EUR 414: he had been informed about the dress code in advance. Otherwise he would have booked another hotel as he and his wife prefer to dress casually when on holidays.

Michael Wukoschitz's picture

U.S. issues Europe travel alert / U.K. updates travel advice for France and Germany

The State Department on Sunday issued a travel alert for all of Europe, saying that there is a heightened terrorism threat from al-Qaeda and affiliated organizations. At the same time, the British Foreign Office updated its travel advice for France and Germany.

Michael Wukoschitz's picture

German Supreme Court: putting together a package doesn't necessarily turn the travel agent into a tour organizer

Plaintiff booked a combination of air travel and sea cruise and two hotel nights in Jamaica. The combination was put together individually by a travel agent, according to plaintiff's request. At the outward flight her luggage was left behind and only deliverd to her after the cruise was finished. She claimed for price reduction.

First instance court (Amtsgericht Frankfurt am Main) granted the claim. Upon appeal by defendant, the appelate court (Landgericht Frankfurt am Main) reversed the judgement and dismissed the claim.

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