Germany

Michael Wukoschitz's picture

Germany: no free termination of package contract because of voided passports

The plaintiff had booked a holiday package to the U.S. organized by the defendant. She was supposed to travel to the U.S. together with her husband and her daughter on May 19, 2013. In January 2013 she applied for new passports for her daughter and herself which were issued and sent to her accordingly. However, as the authorties did not receive any confirmation of delivery, it was assumed that the passports had got lost and therefore they were declared void. However, no information was provided to the plaintiff.

Michael Wukoschitz's picture

CJEU asked to decide on price quotation for air tickets - which currency?

Article 23 of Reg. (EC) No 1008/2008 provides that with regard to air fares and air rates available to the general public, the final price to be paid shall at all times be indicated and shall include the applicable air fare or air rate as well as all applicable taxes, and charges, surcharges and fees which are unavoidable and foreseeable at the time of publication. However, there is no explicit rule on a particular currency to be used.

Michael Wukoschitz's picture

German Supreme Court decides on copyright in cruise line logo

AIDA cruise ships are characterized by a distinctive logo consisting of a blue wave, an eye and a pair of red lips on the bow.The artist who created the logo has confered the exclusive right of use to the cruise company. The defendant who offers shore leave trips in Egypt published a photo on his website which showed an AIDA cruise ship with its typical logo. AIDA filed a cease and desist claim based on its exclusive right of use of the logo as well as a claim for damages. The claim was dismissed in all court instances.

Michael Wukoschitz's picture

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.

Michael Wukoschitz's picture

German Supreme Court: transfer of package booking can be made subject to payment of higher ticket price

According to Article 4 para 3 of the Package Travel Directive 1990/314, a consumer who is prevented from proceeding with the package may transfer his booking to another person who satisfies all the conditions applicable to the package but he remains jointly and severally liable to the organiser for the payment of the due balance and any additional costs arising from the transfer.

Michael Wukoschitz's picture

IFTTA Law Review 1-2016 online

The latest edition of the IFTTA Law review is now available online in the members area. It contains an editorial on the new European Package Travel Direcdtive, an article  by Rebekah Tanti-Dougall on disruptive air passengers and an article by Uta Stenzel on the German model of consumer conciliation in public transport. Enjoy reading.

Michael Wukoschitz's picture

Germany: air carriers allowed to demand immediate payment of the full fare upon booking

The German Civil Supreme Court (BGH) decided that it cannot be regarded an unfair term if an air carrier demands immediate payment of the full ticket fare upon booking. Even though air transport contracts were regarded as service contracts, the general rules on service contracts would only to a small extent characterize the model of an air transport contract. In particular, the rules on maturity of the remuneration in service contracts would not preclude advance payment clauses in air transport contracts.

Michael Wukoschitz's picture

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.

Michael Wukoschitz's picture

IFTTA Law Review 3-2015 available for download

The IFTTA Law Review 3-2015 is now available for download in the members area. It contains articles by Ernst Führich on the European Air Passenger Rights Regulation and by Ivo Mravicic ont the contractual relation between hotels and tour operators as well as a recent judgement of the CJEU with regard to the European Air Passenger Rights Regulation. Due to an error of the publishing company, the pdf file was only sent today. Hence the delay in making it available for IFTTA members online.

Michael Wukoschitz's picture

German Supreme Court: mandatory tips on cruise ships have to be included in final the price of the arrangement

The defendants , a cruise operator and its German representative, had advertised cruises in a German railway journal. The indicated price "from EUR 799 per person" had a footnote which said that in addition, cruise passengers at the end of the cruise are committed to pay a tip of EUR 7 per person for each night spent onboard the cruise ship without complaint.

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