Package Travel Directive

Michael Wukoschitz's picture

Austrian Constitutional Court: no state liability for alledgedly false application of the Package Travel Directive

The plaintiff (a lawyer) initially had sued a tour operator for mal-performance of a package travel contract. The claim had been dismissed by all instances as courts had held that the plaintiff had booked accomodation in a Dubai city hotel with half board and a shuttle service to the beach - and had exactly got what he had booked. It had to be regarded obvious that a city hotel could not offer the same amenities with regard to duration and flexibility of staying at the beach like a hotel directly situated there.

Stephan Keiler's picture

2 new preliminary rulings before ECJ

Two new preliminary rulings regarding travel law have been initiated before the European Court of Justice.

One regarding interpretation of the PTD and the other of the Air Passenger's Rights Regulation:


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

1st edition of the new "IFTTA Law Review"

The 1st edition of our new "IFTTA Law Review" is now available in print as a supplement to "Reiserecht aktuell". The online version is expected to be available shortly. The issue contains an article by Klaus Tonner on the new Package Travel Directive, the IFTTA paper on the revision of the PTD and a Canadian aviation case dealing with the Warsaw Convention.

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
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.

Michael Wukoschitz's picture

Austria: Supreme Court decides on loss of holiday enjoyment again

Two youngsters booked a holiday package to Greece, mainly for the purpose of "having party". They therefore chose a beach hotel close to several bars, discos and other entertainment places. The tour operator, however, accomodated them in a different hotel, about 12 km away. They therefore had to take a bus or taxi to reach the entertainment places. They sued for price reduction, compensation of costs for taxi and bus trips as well as compensation for loss of holiday enjoyment.

Michael Wukoschitz's picture

IFTTA Europe: position paper on PTD review online

In a working group chaired by Stephan Keiler and finalised in intensive discussions during the workshop held in Moscow this April, IFTTA Europe has elaborated a position paper on the review of the European Package Travel Directive which was presented to the European Commission at a stakeholders' workshop in Brussels.

This position paper which is focussing on improving legislative technique rather than on merely political issues is now available online here>>.
John Downes's picture

Review of the Implementation of the Package Travel Directive

Consumer Affairs Commissioner David Byrne submitted a report to the Consumer Affairs Council on the implementation of the Package Travel Directive. Member States are invited to comment by April 2000.