Cases

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California: Delta wins in mobile app case

Submitted by Michael Wukoschitz on 16 May, 2013 - 09:48

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.

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German Supreme Court: air passengers entitled to compensation for missed connecting flight

Submitted by Michael Wukoschitz on 15 May, 2013 - 14:46

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.

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CJEU: "Sturgeon" judgement did not infringe the principle of separation of powers

Submitted by Michael Wukoschitz on 15 May, 2013 - 13:34

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.

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Germany: Supreme court decides on malperformance of Greenland cruise

Submitted by Michael Wukoschitz on 15 May, 2013 - 10:51

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.

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New German reference for ECJ preliminary ruling regarding Air Passenger Rights Regulation

Submitted by Michael Wukoschitz on 30 April, 2013 - 16:08

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.

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Swiss Ferderal Court: yacht charter including crew does not constitute a travel package

Submitted by Michael Wukoschitz on 26 April, 2013 - 16:47

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>>.

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USA: Metropolitan Museum of Art sued over admissions fee policy

Submitted by Michael Wukoschitz on 22 April, 2013 - 14:45

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.

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German court: lessor of holiday apartment must include costs of final cleaning into the advertised price

Submitted by Michael Wukoschitz on 3 April, 2013 - 15:45

The defendant advertised holiday homes at Germany's Baltic coast in the internet where he indicated prices per week. However, only at the very end of the advertisment additional costs of a "final cleaning" were mentioned. The court (Schleswig-Holsteinsches OLG) held that the advertisment was contrary to German pricing law which requires the indication of the final price including all costs, fees and taxes.

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USA: DOT fines Alitalia for deceptive practices

Submitted by Michael Wukoschitz on 1 April, 2013 - 16:40

Following a complaint from two Alitalia passengers whose flights were canceled, the Department’s Aviation Enforcement Office investigated the carrier’s refusal to pay cash compensation to the passengers. The U.S. Department of Transportation (DOT) now fined  Alitalia USD 125,000 for providing inaccurate information on its website regarding its policy on compensation to passengers on delayed and cancelled flights. 

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