Germany

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.

Michael Wukoschitz's picture

Germany: operator of a hotel review website not liable for insulting postings

The plaintiff, a hotel company, sued the operator of a hotel review website over a posting which alledged that in the plaintiff's hotel the guests got "only bed bugs for the EUR 37,50 paid per night". The defendant's website offers the opportunity to post hotel reviews and rate hotels. A special software is scanning the postings for potential insult or defamation. Postings which are not blocked by this software get published automatically. Upon plaintiff's complaint, the defendant immediately removed the posting but refused to sign a cease and desist declaration.

Michael Wukoschitz's picture

Germany: two new Supreme Court decisions on air passenger rights

On March 17, 2015 the German Supreme Court (BGH) has passed two judgements with regard to Regulation (EC) 216/2004.

Michael Wukoschitz's picture

German court: tour organizer not entitled to a general cancellation fee of 90 percent of the package price in case of no-show

According to the General Conditions of Contract of a German tour organizer, consumers had to pay a cancellation fee of 90 percent of the full package price if they didn't show up at departure. The cancellation fee applied regardless of the character of the package (air package, round trip, hotel and rental car) with the only exception of cruises to which a cancellation fee of even 100 percent applied.

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