Package Holiday

Michael Wukoschitz's picture

Austrian Supreme Court: tour organiser can be liable for hotel accomodation provided by air carrier

The return flight of the plaintiff''s holiday package was cancelled and the air carrier rebooked the plaintiff for the following day. Complying with its respective obligation under Reg. (EC) 261/2004, the air carrier provided the plaintiff with hotel accomodation for the additional night. The plaintiff - a person of reduced mobility  - took a walk in the area close to the hotel where she tripped, fell down and was injured. She sued the tour organiser for compensation for pain and suffering.

Michael Wukoschitz's picture

Germany: no free termination of package contract because of voided passports

The plaintiff had booked a holiday package to the U.S. organized by the defendant. She was supposed to travel to the U.S. together with her husband and her daughter on May 19, 2013. In January 2013 she applied for new passports for her daughter and herself which were issued and sent to her accordingly. However, as the authorties did not receive any confirmation of delivery, it was assumed that the passports had got lost and therefore they were declared void. However, no information was provided to the plaintiff.

Michael Wukoschitz's picture

German Supreme court decides on tour organiser liabilty for local excursion

The plaintiffs had booked a package holiday to Bulgaria with the defendant. Upon arrival, they recieved a weclome folder which contained a sheet titled "Your Excursions", carrying the defendant's logo and promoting varoius events and excursions. In the bottom line it said that the excursions were organised by a local agency and the defendant would only act as an intermediary. However, the excursions were to be booked through the defendant's local representative. The plaintiffs booked an excursion called "Jeep Safari". On this excursion they suffered a car accident and were injured.

Michael Wukoschitz's picture

German court: tour organizer not entitled to a general cancellation fee of 90 percent of the package price in case of no-show

According to the General Conditions of Contract of a German tour organizer, consumers had to pay a cancellation fee of 90 percent of the full package price if they didn't show up at departure. The cancellation fee applied regardless of the character of the package (air package, round trip, hotel and rental car) with the only exception of cruises to which a cancellation fee of even 100 percent applied.

Michael Wukoschitz's picture

UK: Court of Appeal decides in broken glass door case

The case relates to an accident suffered by the plaintiff when on holiday in Barbados in September 2008. She had gone onto the balcony of her hotel room to read a book, closing
behind her the sliding glass balcony doors. When the telephone in her room rang a short time later, she got up from her chair and made to go back to the room, but she walked into

Michael Wukoschitz's picture

CJEU decides on jurisdiction in package travel case

The plaintiffs, domiciled in Bludesch (Austria), booked and paid for themselves, as private individuals, a package holiday to Egypt on the website of a German online travel agent. The OTA, a company whose registered office is in Munich (Germany), stated that it acted as the travel agent and that the trip would be operated by a particular our operator, which has its registered office in Vienna (Austria).

Michael Wukoschitz's picture

Swiss Ferderal Court: yacht charter including crew does not constitute a travel package

In a recent judgment, the Swiss Federal Court (Bundesgericht) had to decide whether the charter of a yacht including the crew would qualify as a travel package. The Court pointed out that providing a crew only was a supplementary element such as providing a pilot in air transportation. Further the yacht charter contract did not include any specific travel as it was completely up to the consumers how to use the yacht and where to got to.

Judgement 4 A 450/2012 of Jan. 10, 2013 available in French here>>.

Michael Wukoschitz's picture

German Supreme Court: consumer entitled to cancel cruise to the Caribbean because of ash cloud preventing him to fly

The plainitff had booked a cruise to the Caribbean and a flight ticket with defendant who acted as agent on behalf of the organiser and the airline. The flight was not part of the cruise package but booked separately. The cruise was scheduled to depart from Ft Lauderdale on 19 April, 2010. However, the closure of the European airspace due to the 'ash cloud crisis' prevented the planitff to fly to Florida. He therefore cancelled the cruise. The organiser charged a cancellation fee of 90 % which the agent paid.

Stephan Keiler's picture

Age rating for packages

Operators and travel agents shall have a look to Brussels: The EU wants to implement a minors clause into the new PTD. As with Computer games and video movies Travel brochures then should mandatory provide an age rating with FSK symbols of the film industry. As traveling contains several risks for young people it is the duty of the travel industry to draw attention to that fact already before the booking out "said the MEP Robert Haywood-Jones. The European Tour Operators Association (ETOA) has already established a working group to

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