Cases

Michael Wukoschitz's picture

Germany: two new Supreme Court decisions on air passenger rights

On March 17, 2015 the German Supreme Court (BGH) has passed two judgements with regard to Regulation (EC) 216/2004.

Michael Wukoschitz's picture

UK: Competion and Markets Authority action on seconary ticketing website shows results

A Competition and Markets Authority (CMA) action has resulted in 4 of the largest UK secondary ticket platforms for music, sports and theare tickets – GET ME IN!, Seatwave, StubHub and viagogo – giving undertakings to build upon their existing practices and give improved information to buyers about the tickets listed on their sites.

These include:

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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.

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CJEU: computerised booking systems must, from the outset, indicate the final price of each flight ticket

The German Federal Union of Consumer Organisations and Associations was challenging before the German courts the way in which air fares were presented in Air Berlin’s computerised booking system, as configured in November 2008: Once the date and airports of departure and arrival had been selected, the booking system displayed a table of possible connections. The final price per person, however, was indicated only for the connection pre-selected by Air Berlin or clicked on by the customer, and not for every connection shown.

Michael Wukoschitz's picture

German Supreme Court regards Lufthansa's frequent flyer terms and conditions lawful

The Plaintiff was a participant of Lufthansa's frequent flyer programme ("Miles & More") terms and conditions of which state that  air tickets aquired under the programme must not be transferred to any third persons unless this person had a tight personal relationship to the participant. Nevertheless, the plaintiff booked air tickets on behalf of a third person who he had no personal relation to using his bonus "miles". Lufthansa therefore terminated plaintiff's participation in the programme and cancelled his HON Circle Member status.

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Canada: denied boarding claim dismissed by Ontario Superior Court of Justice

The plaintiff booked a seven-day trip to Jamaica with WestJet. On September 18, 2011he was given a boarding pass for the outward flight when he presented his Canadian citizenship card at the airport. After a week in Jamica, he presented himself for boarding for the return flight but was denied baording because  he did not have a passport but only presented his Canadian driver's licence, health card and social insurance card. The plaintiff  protested, arguing that the citizenship card had been sufficient for him to travel to Jamaica.

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CJEU: passport cancelled - visa lives on

On 8 October 2010, an Indian citizen travelled from Moscow to Riga with Air Baltic. At the border control at Riga airport, he presented a valid Indian passport without a visa and a cancelled Indian passport to which a valid uniform visa issued by Italy was affixed. The Indian citizen was refused entry into Latvia on the ground that he did not have a valid visa. Moreover, the Latvian authorities imposed a fine of LVL 2 000 (approximately €2 850) on Air Baltic for transporting to Latvia a person without the travel documents necessary to cross the border.

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CJEU provides another clarification of the Air Passenger Rights Regulation (EC) 216/2004

In its judgement of today, the Court of the European Union (CJEU) held that the ‘arrival time’, which is used to determine the length of the delay to which passengers on a flight have been subject, corresponds to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.

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USA: court finds 'No Fly List' unconstitutional

A federal judge in Orgeon struck down as unconstitutional the government’s procedures for people on the No Fly List to challenge their inclusion.

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