Liability

Michael Wukoschitz's picture

CJEU: no limitation of the air carriers' obligation to provide care to passengers in case of volcanic eruption

In the event of cancellation of a flight, the air carrier is obliged, under Reg. 261/2004/EC, to provide care to passengers as well as to provide compensation. As regards the obligation to provide care, the air carrier must provide free of charge, in light of the waiting time, refreshments, meals and, where appropriate, hotel accommodation and transport between the airport and place of accommodation, as well as means of communication with third parties.

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Austrian Supreme Court: airline and airport not liable for delay caused by snow on runways

In a case reported earlier, the Austrian Civil Supreme Court has now deleivered the final judgment. The plaintiffs had missed their Antarctica cruise following a delayed departure of their feeder flight to Frankfurt caused by snow covered runways at the Vienna airport. They sued the carrier and the airport for damages.

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ECJ decides on airlines' liability for checked baggage pursuant to the Montreal Convention

The Montreal Convention provides that an air carrier must pay compensation to each passenger, limited to 1 000 Special Drawing Rights (‘SDRs’) per passenger, in the event of the loss of his baggage during a flight operated by the carrier or while the baggage was in the carrier’s charge. The carrier must provide passengers with an identification tag for each piece of checked baggage.

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UK: Birmingham County Court decides in broken glass door case

The Russell family booked a holiday package to Spain. At the time of booking they made clear that they were not seasoned travellers and specifically requested accommodation which was suitable for young children because they took along their 4 year old daughter. They were duly reassured. At the hotel they were allocated to a room with a glass balcony door. Shortly after arrival, while the parents were unpacking, the girl ran towards the door. She failed to realise that it was still shut and collided with it.

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Bulgaria: new tourism legislation in parliament

The Bulgarian Parliament is about to enact a new tourism law and has adopted a draft at first reading. The purposes of the draft law are:

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USA: court decides on passenger complaint against cruise ship operator

The US Court of Appeals for the Eleventh Circuit ruled that a complaint filed by passengers against a cruise ship operator that alleges specific facts that, if proven, would sustain a finding of negligence is sufficient to withstand a motion for dismissal. In the instant case, plaintiffs alleged that an employee of the cruise ship operator encouraged them to go on a specific excursion during an island port call. They went on the excursion which included transportation on an open-air bus. The bus encountered the funeral service for a member of a local crime gang.

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Austria: Appelate court reverses judgement in missed connecting flight case

In the case which I had referred to in Rostock as "Frozen Antarctica Dreams" and which regarded a couple who had missed their Antarctica cruise following of a delayed departure of their feeder flight to Frankfurt caused by snow covered runways at the Vienna airport had sued the carrier and the airport for damages but their claim was dismissed by the court of first instance, the appelate court (OLG Wien) has now reversed the judgment and held both, Lufthansa and the Vienna airport liable for the damages.

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Swedish Court asks ECJ for peliminary ruling regarding Montreal Convention and Reg. 261/2004

On March 29, 2012, the Swedish Högsta domstolen has referred the following questions to the ECJ for preliminary ruling:

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German Supreme Court decides on organizer's liability for changing the departure of the return flight to an earlier time

The plaintiff's spouse had booked a one week package holiday to Turkey at EUR 369 per person for the plaintiff and himself. The return flight was scheduled to depart on June 1, 2009, 16:40 hrs. One day before, the organizer changed the departure time to 05:15 hrs and thus the plaintiff and her spouse were to be picked up at the hotel as early as 01:25 hrs. They therefore looked for an alternative return flight which they booked on their own and which departed at 14 hrs.

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USA: Appelate court confirms limitation of liability clauses in airline's "Conditions of Carriage"

On September 26, 2008, appellants purchased two round-trip airline tickets from American Airline’s website. The y received an “E-Ticket Confirmation” which in the bottom line of the message stated: “A summary of Terms and Conditions of travel is available by selecting the Conditions of Carriage button below.” The referenced Conditions of Carriage clearly state that the ticket and the Conditions of Carriage “constitute the contract.”

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