Cases

Michael Wukoschitz's picture

German Supreme court decides on tour organiser liabilty for local excursion

The plaintiffs had booked a package holiday to Bulgaria with the defendant. Upon arrival, they recieved a weclome folder which contained a sheet titled "Your Excursions", carrying the defendant's logo and promoting varoius events and excursions. In the bottom line it said that the excursions were organised by a local agency and the defendant would only act as an intermediary. However, the excursions were to be booked through the defendant's local representative. The plaintiffs booked an excursion called "Jeep Safari". On this excursion they suffered a car accident and were injured.

Michael Wukoschitz's picture

Austrian Supreme Court: railway company not liable for stolen luggage

The plaintiff traveled by train with the Austrian national railway company ÖBB. She carried a large travel bag which she put on the floor of the aisle. The conductor orderd her to place her bag to the baggage compartment of the wagon which could not be observed from her seat. When she reached her destination she realized that her bag was stolen.

The claim for compensation was dismissed: the Supreme Court (OGH) held that the conductor's instruction to store tha bag in the baggage compartment did not constitute any obligation of custody on the part of the railway company .

Michael Wukoschitz's picture

CJEU Advocate General: National Enforcement Body must not take enforcement measures to pursue claims of individual air passengers

Upon reference for preliminary ruling lodged by the Dutch Raad van State (State Council), the Advocate General of the CJEU has delivered an opinion according to which Article 16 of the Air Passenger Rights Regulation 261/2004 only entrusts the National Enforcement Bodies (NEBs) with the task to secure general compliance with the Regulation but not to pursue individual claims. Individual claims should rather be pursued before the courts. A concurrent competence of courts and national Enforcment Bodies could lead to different interpretations of the Regulation and cause legal uncertainty.

Michael Wukoschitz's picture

German Supreme Court: mandatory tips on cruise ships have to be included in final the price of the arrangement

The defendants , a cruise operator and its German representative, had advertised cruises in a German railway journal. The indicated price "from EUR 799 per person" had a footnote which said that in addition, cruise passengers at the end of the cruise are committed to pay a tip of EUR 7 per person for each night spent onboard the cruise ship without complaint.

Michael Wukoschitz's picture

Australia: New South Wales Supreme Court decides on jurisdiction in hotel liablility case

The plaintiff  was injured during a family holiday in Bangkok in June 2013. She was a guest at the Mandarin Oriental Hotel, and was participating in a Thai cookery class conducted by the Hotel when the floorboards on which she was standing gave way, causing her to injure her shoulder.

The defendant (hotel owner) sought an order to stay the proceedings on the ground that

Michael Wukoschitz's picture

Germany: operator of a hotel review website not liable for insulting postings

The plaintiff, a hotel company, sued the operator of a hotel review website over a posting which alledged that in the plaintiff's hotel the guests got "only bed bugs for the EUR 37,50 paid per night". The defendant's website offers the opportunity to post hotel reviews and rate hotels. A special software is scanning the postings for potential insult or defamation. Postings which are not blocked by this software get published automatically. Upon plaintiff's complaint, the defendant immediately removed the posting but refused to sign a cease and desist declaration.

Michael Wukoschitz's picture

Austria: Supreme Court decides on tour organizer liability for accident at local excursion

The plaintiff had booked a package to the Dominican Republic with the defandant. Defendant's terms and conditions provided that with regard to third party services (such as local excursions), the defendant was only liable for proper intermediation but not for the proper performance of the services themselves. Defendant's local representative in the Dominican Republic distributed weekly schedules to the guests containing various optional excursions.

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:

Michael Wukoschitz's picture

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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