Cases

Michael Wukoschitz's picture

U.S. Supreme Court: Frequent flier claim preempted by Airline Deregulation Act

Northwest terminated Rabbi S. Binyomin Ginsberg’s membership in its frequent flyer program, apparently based on a provision in the fre­quent flyer agreement that gave Northwest sole discretion to deter­mine whether a participant had abused the program. Rabbi Ginsberg filed a suit, asserting, that Northwest had breached its contract by revoking his membership status without valid cause and had violated the duty of good faith and fair dealing because it terminated his membership in a way that contravened his reasonable expectations.

Michael Wukoschitz's picture

German Supreme Court (BGH) asks CJEU for preliminary ruling in air ticket pricing case

According to Article 23(1) of Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community, air fares and air rates available to the general public shall include the applicable conditions when offered or published in any form, including on the Internet, for air services from an airport located in the territory of a Member State to which the Treaty applies.

Michael Wukoschitz's picture

CJEU: a Member State must not require an air carrier licensed in another Member State to obtain permission to enter its airspace

International Jet Management, an airline company with its seat in Austria, operated private flights from Moscow and Ankara to Germany without having the authorisation, required by the German legislation, to enter German airspace. In criminal proceedings against International Jet Management, the German Apellate Court (Oberlandesgericht Braunschweig) filed a request for preliminary ruling of the Court of Justice of the European Union.

In its judgement of March 18, 2014, the Grand Chamber of the Court came to the following conclusion:

Michael Wukoschitz's picture

Ontario: claim against Mexican hotel stayed for lack of jurisdiction

In the spring of 2006, the plaintiff, Angela Haufler, was injured while on vacation in Mexico with her mother, a friend, and the friend's mother. The injury occurred while she was participating in an all-terrain vehicle (“ATV”) excursion.

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.

Pages

X