Michael Wukoschitz's blog

In December 2012, the California Attorney General filed a lawsuit against Delta Airlines alleging that Delta violated California’s Online Privacy Protection Act by failing to post a privacy policy within its Fly Delta mobile app. On May 9, 2013 the California Superior Court dismissed the claim, holding that the state action is pre-empted by the federal Airline Deregulation Act, which prohibits states from applying regulations on airlines related to price, routes, or services.

A new guidance launched by the Civil Aviation Authority (CAA) and the Office of Fair Trading (OFT), is aimed at airlines, price comparison websites, travel agents and tour operators, and is designed to make sure the travel industry is fully aware of its responsibilities under existing consumer legislation. The document makes clear that the travel industry must provide consumers with the information they need, when they need it and in a transparent way they can clearly understand.

The newest ediiton of the IFTTA Law review, containing information on the EU commissions proposal for a revised Air Passenger Rights Regulation and a U.S. judgement on cruise liabilty and forum selection with a case note by Klaus Tonner, is now available within the Members' area of the website. Log in to get more information.

The passengers were booked on an Iberia flight from Berlin via Madrid to San José (Costa Rica). The flight from BER to MAD was about 90 minutes delayed and the passengers therefore missed their connecting flight to SJO. They were rebooked to a flight one day later. Upon return they claimed for compensation pursuant to Reg. 261/2004.

In its so called "Sturgeon" judgement (joined cases C-402/07 and C-432/07) the CJEU had extended the air carriers' obligation to pay compensation to passengers who reached their final destination only 3 hrs or more after the scheduled arrival time even if their flight wasn't cancelled but only delayed. Upon reference for preliminary ruling filed by a German Regional Court (LG Köln), the Court has now decided that there is no contradiction between the "Sturgeon" judgement and the principle of separation of powers.

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.

In another motion for preliminary ruling regarding Regulation 261/2004 (EC) on Air Passenger Rights, a German court seeks further clarification of the right of a passenger to receive compensation in case of a long delay.

The plaintiff was booked on a flight from Palma de Mallorca to Munich on Oct. 10, 2011. The flight was delayed more than 25 hrs. The plaintiff, however, did not take the delayed flight but was rebooked to an earlier alternative flight which resulted into a delyed arrival of 5 hrs less.

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>>.

According to a report by China.org.cn, the Standing Committee of the 12th National People's Congress adopted a law on tourism in an effort to protect the rights of tourists and clear the way for the industry's sustainable development. Reportedly, the new law outlines measures to address key problems -- unfair competition, wanton price hikes, and forced goods purchases -- which have plagued the travel industry and aroused strong public discontent in China.

Find article here>>.

A class action has been filed against the Metropolitan Museum of Art (MMA) alledging the MMA would deceive and defraud the public into paying a fee to enter the MMA, even though dmission was legally required to be free of charge most days of the week. A similar complaint had already been filed last November. ´The MMA states that it had never imposed an admissions fee, its admissions policy was agreed to by the City of New York and it was clearly posted and explained.