Package Travel

Michael Wukoschitz's picture

Swiss Federal Court: tour organizer not liable for paraglider accident

The plaintiff who had had successfully completed his paragliding education in 2001,  in 2002 booked a paragliding package to Italy with defendant. After some flights with a paraglider classified as being of "good-natured" flight characteristics, he changed to a more demanding paraglider classified for experienced pilots. At the second attempt with this other paraglider, it collapsed at one side which led into a crash in which the plaintiff was severely injured.

Michael Wukoschitz's picture

German Supreme Court: tour organizer must not reserve alterations of the flying times

Upon law suit filed by a federal consumer association, the German Supreme Court has regarded contractual provisions unfair and illegal which allowed the tour organizer to alter the flying times. The "General Conditions of Contract" of the defendant had contained the following provision:

"Final flying times will be communicated by the organzier in the travel vouchers. Any information on flying times provided by a travel agent is not binding."

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

Conference on latest developments in European Travel Law at ERA in Trier, Dec. 5-6, 2013

The Academy of European Law (ERA) will be holding a conference on the latest developments in European Travel Law in Trier (Germany) on Dec. 5-6, 2013. The objective of this conference is to analyse the existing legislative framework in the field of travel law at EU level and proposals for reform, focusing on package travel and air passengers’ rights. The conference language is English. The key topics of the conference include:

Michael Wukoschitz's picture

IFTTA Law Review 2-2013 available online

The latest edition of the IFTTA Law review containing a message of the president and articles by Gianluca Rossoni on the impact of the EU Consumer Rights Directive on tourism and by Maria Goretti Sanches Lima on package travel in the EU and Brazil is now available online in the members area of this website. Access is limtied to paid IFTTA members.

Stephan Keiler's picture

New Package Travel Directive

Today the European Commission presented a proposal for a new Package Travel Directive repealing Directive 90/314/EEC:

Proposal COM (2013) 512 (not yet in all languages but EN, FR, DE)

Communication by the Commission COM (2013) 513 (not yet in all languages but EN, FR, DE)

Michael Wukoschitz's picture

Germany: Supreme court decides on malperformance of Greenland cruise

A 14 days cruise "Summer in Greenland" was performed differently from what it had been sold: the route was different, several shore leaves were cancelled, the duration of other shore leaves was significantly reduced. Because of petrol of poor quality, the engine power was reduced and the visits to the Faeroe Islands and the Orkney Islands had to be cancelled. The respective days were spent on open sea instead. Some passengers therefore decided to terminate the trip in Reykjavik and returned back home on their own.

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.

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