The plaintiff, an Irish low cost carrier, exclusively sells tickets through its own website or its call center in order to keep the fares low and avoid customers being charged with any service fees by third parties. To book a flight on the website it is required to accept the carrier's General Condtions of Contract. These General Condtions of Contract explicitly exclude travel agents or other professional sellers from booking.
In the two cases decided by the German Supreme Court (BGH) recently, the plaintiffs each had booked long haul flights with non Commnunity carriers. In both cases the transportation consisted of two segments, a feeder flight departing from the EU to a non EU hub and a connecting flight departing from this hub outside the EU to the final destination. In both cases the connecting flights were delayed more than 8 hrs and the plaintiffs sued for compensation pursuant to Reg. (EC) 261/2004.
Shortly before the start of the registration for ".eu" domains, the plaintiff who was not active in the accomodation business had registered a mixed figurative and verbal trademark "HOTEL" which was only admitted because of the distinctive graphic design. Apart from that, the plaintiff had registered 30 to 40 generic tradmarks in Austria and acquired 180 domains consitsting of generic terms. In ADR proceedings pursuant to Article 22 of Reg. (EC) No 874/2004 the ADR panel held that the domain registration had been made in bad faith and therefore was speculative and abusive.
The plaintiffs, domiciled in Germany, had rented a holiday home in Belgium from a Danish tour operator (the defendant). They had several complaints about the condition of the home and claimed for a price reduction. Based on the consumer forum pursuant to Articles 15 and 16 of the Brussels I-Regulation they filed their claim before their local court. The defendant filed a motion to dismiss the claim on the ground of lacking international jurisdiction of German courts.
The Russell family booked a holiday package to Spain. At the time of booking they made clear that they were not seasoned travellers and specifically requested accommodation which was suitable for young children because they took along their 4 year old daughter. They were duly reassured. At the hotel they were allocated to a room with a glass balcony door. Shortly after arrival, while the parents were unpacking, the girl ran towards the door. She failed to realise that it was still shut and collided with it.
The plaintiff booked two flight tickets through an internet booking form on the airline's website. There was a note in the booking form saying "no name change permitted after booking. name has to comply with passenger's ID card". For the first ticket the plaintiff filled in his own name whereas for the second ticket he entered "still unknown" instead of first name and family name of the second passenger.
The US Travel Agent Arbiter has completed his project to Digitize all substantive decisions with key words such as “reasonable care” or “fiduciary duties”. They are available from the TAAP Hqs at 9401 Battle St, Manassas, Va USA 20110 or by phone 703-530-9002.
The plaintiffs, both Austrian residents domiciled in Bludesch (Austrian Province of Vorarlberg), had booked a holiday package to Egypt organized by an Austrian tour operator located in Vienna. The booking was made online through the website of a German travel agency. By mistake of either the tour operator or the travel agency, they were booked to a different (but similary named) hotel than they had actually chosen. They filed a law suit against both, the travel agency and the tour operator, before their local court in Vorarlberg.