Liability

Stephan Keiler's picture

Interesting case! Preliminary Ruling: ECJ C-410/11

Preliminary ruling before ECJ lodged by Audiencia Provincial de Barcelona (national reference: QP/07238-A9, decision as of June 15, 2011): C-410/11 (Pedro Espada Sánchez ea/Iberia) Questions referred (1)    Must the limit of 1 000 Special Drawing Rights per passenger, laid down in Article 22 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air, concerning the liability of the carrier in the case of destruction, loss or damage of baggage, considered in conjunction with Article 3(3) of that convention, be interpreted as a ma

Michael Wukoschitz's picture

Austrian Supreme Court: hotel liable for theft from safe in hotel room

The plaintiffs (a German couple) sued a Vienna 4 star hotel company for compensation of more than EUR 160.000 of valuables stolen from the safe in their hotel room. When they had asked at the reception where to keep their valuables, the receptionist had told them to use the safe in their room. This safe had to be locked and unlocked by a code of four numbers chosen by the plaintiffs. However, the safe could also be opened by using a 'mastercode'.

Michael Wukoschitz's picture

Austria: hotel operator not liable for injury of a guest who tried to repair a jamming glass door

The plaintiff who was a former share holder of a hotel company (the defendant) and also the former companion of the defendant's director stayed in the defendant's hotel as a guest, when the director asked him to do her the favour to look for a jamming glass door in the indoor pool area because she couldn't reach any craftsman. When he tried to remove the defective glass door, he got severely injured on his right hand. He sued the hotel company for compensation for pain and suffering. The court of first instance granted the claim.

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.

Michael Wukoschitz's picture

Australia: High Court decides on scope of a disclaimer

In October 2005, the Plaintiff and her husband went on a tour through Europe which the Plaintiff had booked with the Defendant. While travelling by coach from Prague to Budapest, the Plaintiff got out of her seat to get something from a bag she had stowed in the overhead luggage shelf. The coach braked suddenly; the Plaintiff fell backwards and suffered injury.

Michael Wukoschitz's picture

USA: DOT fines Lufthansa for improperly limiting reimubursements for delayed baggage

The U.S. Department of Transportation (DOT) fined the German airline Lufthansa $50,000 for limiting reimbursements for delayed baggage to less than consumers were entitled under the Montreal Convention.

Michael Wukoschitz's picture

Austria: Supreme Court decides on travel package retailer liability

In a recent decsision, the Austrian Civil Supreme Court (OGH) has held that booking a package for a group or family constitutes a contract for the benefit of a third party and thus entitles any member of the group or family to file a claim with regard to his/her own participation in the package. These principles do not only apply with regard to the tour organizer but also with regard to a retailer or agent.

Michael Wukoschitz's picture

Canada: no suspension of Warsaw Convention limitation period because of a plaintiff’s disability

The Plaintiff flew with Air France on May 23, 2003, from Toronto to Paris. She was seated in a wheelchair and required assistance to access her seat on the airplane. Upon arrival at CDG airport in France, the Plaintiff claimed that Air France personnel failed to assist despite numerous requests by her mother. Because of this failure to assist, the Plaintiff’s mother had  to carry her daughter to the waiting wheelchair on the bridge.

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.

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