Accident

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Germany: tour organiser has to reimburse package price after car accident caused by third party

The plaintiffs had booked a package to Turkey including air transport, hotel accomodation and a bus transfer from the airport to the hotel. During this transfer a ghost driver's car  hit the transfer bus and the passengers were severely injured. Instead of the hotel they were taken to hospital and therefore could not take any advantage of the services included in their package. The German Supreme Court held that the organiser owed a safe transport and the accident therefore constituted a lack of confotmity with the contract.

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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.

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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

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German Court: air carrier liable for allergic reaction to hot towel

In a recent judgement the Oberlandesgericht Frankfurt am Main held that an air carrier was liable for a passenger's allergic reaction to the hot towels distributed during the flight. In October 2010, the plaintiff traveled on a fligth from India to Germany. She told one of the flight attendants that the hot towels could cause an allergic reaction of her body and asked not to distribute these towels during the flight. Despite this request, the towels were distributed and the plaintiff suffered from a respiatory distress which required immediate medical treatment after landing.

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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.

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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.

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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.

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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.

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UK: Court of Appeal clarifies "accident" according to Article 17 of the Montreal Convention

 The plaintiff had a history of some gynaecological issues and she had been prone to recurrent symptoms suggestive of urinary infection, ie. cystitis. She had treated herself and had bought "over the counter" medication to take if she had an episode of it.  She had packed this medication in her main luggage before going on her flight from London Heathrow to Melbourne via Kuala Lumpur with the defandant carrier.  Before the plainitff boarded the aircraft she urinated normally at about 9pm.

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