Cases

Michael Wukoschitz's picture

Austrian Supreme Court: tour operator liable for floatplane boarding accident

The plaintiff had booked a package to the Maldives with the defendant. The package included a transfer by floatplane from Malé to the island where the hotel was situated. Accorsing to the Operating Manual of the carrier, it is necessary to moor the floatplane with three ropes. The crew is required to stand at each side of the entrance in order to assist the passengers boarding the aircraft. When the plaintiff was about to board, despite some waves the floatplane was only moored with two ropes and only one member of the crew was standing next to the entrance.

Lewis Solomon's picture

Thomas Cook wins disabled passenger case.

The UK Supreme Court has ruled in favour of Thomas Cook rejecting an appeal by a disabled passenger who was fighting for damages from the operator.  Wheelchair user Christopher Stott took his case to the Supreme Court after the Court of Appeal dismissed his Claim for damages against Thomas Cook over this treatment on a flight to Greece.  Whilst the Supreme Court accepted that Mr Stott was treated in a "humiliating and disgraceful manner", the Court ruled that damages could not be awarded for injury to feelings under the Montreal Convention.  The ruling confirms the Court's reluctance to in

Michael Wukoschitz's picture

Swiss Federal Court: tour organizer not liable for paraglider accident

The plaintiff who had had successfully completed his paragliding education in 2001,  in 2002 booked a paragliding package to Italy with defendant. After some flights with a paraglider classified as being of "good-natured" flight characteristics, he changed to a more demanding paraglider classified for experienced pilots. At the second attempt with this other paraglider, it collapsed at one side which led into a crash in which the plaintiff was severely injured.

Michael Wukoschitz's picture

CJEU Advocate General: EU law allows air carriers pricing freedom - including services such as checking in baggage

In August 2010, the air carrier Vueling added a surcharge of €40 to the base price of airline tickets (€241.48) purchased by Ms Arias Villegas when she checked in two pieces of baggage online. Ms Villegas therefore lodged a complaint against Vueling, claiming that the contract of carriage by air concluded with that undertaking contained an unfair term.

Michael Wukoschitz's picture

USA: DOT fines Qantas for not informing passengers of opportunity to leave delayed aircraft

The U.S. Department of Transportation (DOT) announced that Qantas Airways violated federal rules last March by not informing passengers on a delayed aircraft at Dallas/Fort Worth International Airport that they had the opportunity to leave the plane as it sat at the gate for an extended period of time with the door open.  DOT fined Qantas USD 90,000 and ordered the airline to cease and desist from further violations.

Michael Wukoschitz's picture

UK: Office of Fair Trading consults on amendments to proposed hotel online booking commitments

On Dec. 20, 2013, the UK Office of Fair Trading (OFT) opened a consultation on revised commitments proposed by Booking.com B.V. (Booking.com), Expedia Inc (Expedia) and InterContinental Hotels Group plc (IHG) designed to address competition concerns in relation to the online offering of room-only hotel accommodation bookings by online travel agents (OTAs).

Michael Wukoschitz's picture

German Supreme Court: tour organizer must not reserve alterations of the flying times

Upon law suit filed by a federal consumer association, the German Supreme Court has regarded contractual provisions unfair and illegal which allowed the tour organizer to alter the flying times. The "General Conditions of Contract" of the defendant had contained the following provision:

"Final flying times will be communicated by the organzier in the travel vouchers. Any information on flying times provided by a travel agent is not binding."

Michael Wukoschitz's picture

UK: Supreme Court finds refusal of double room to same sex couple discriminatory

In its judgement of Nov. 27, 2013, in case Bull and another v Hall and another [2013] UKSC 73, the UK Supreme Court held that a same sex couple had been directly discriminated against because of their sexual orientation when they were refused a double room in a hotel. For religious reasons, Mr and Mrs Bull, the hotel owners, only permitted married couples to share a double room in their hotel and did not recognise civil partnership as equivalent to marriage.

Michael Wukoschitz's picture

U.S. Supreme Court refuses to hear appeal in West Caribbean Airways crash case

On Dec. 9, 2013, the U.S. Supreme Court has denied a request to review an Eleventh Circuit Court of Appeals ruling that affirmed the order of a Florida federal court refusing to vacate its November 2007 dismissal of a wrongful-death and strict-liability suit on forum non conveniens grounds. The heirs to victims of a 2005 West Caribbean Airways crash in Venezuela during a flight from Panama to Martinique had claimed that their suit against the air carrier was improperly dismissed because it left them without a forum to litigate the case.

Pages

X