Package Travel Directive

Michael Wukoschitz's picture

German Supreme Court: tour organizer must not reserve alterations of the flying times

Upon law suit filed by a federal consumer association, the German Supreme Court has regarded contractual provisions unfair and illegal which allowed the tour organizer to alter the flying times. The "General Conditions of Contract" of the defendant had contained the following provision:

"Final flying times will be communicated by the organzier in the travel vouchers. Any information on flying times provided by a travel agent is not binding."

Michael Wukoschitz's picture

Conference on latest developments in European Travel Law at ERA in Trier, Dec. 5-6, 2013

The Academy of European Law (ERA) will be holding a conference on the latest developments in European Travel Law in Trier (Germany) on Dec. 5-6, 2013. The objective of this conference is to analyse the existing legislative framework in the field of travel law at EU level and proposals for reform, focusing on package travel and air passengers’ rights. The conference language is English. The key topics of the conference include:

Stephan Keiler's picture

New Package Travel Directive

Today the European Commission presented a proposal for a new Package Travel Directive repealing Directive 90/314/EEC:

Proposal COM (2013) 512 (not yet in all languages but EN, FR, DE)

Communication by the Commission COM (2013) 513 (not yet in all languages but EN, FR, DE)

Michael Wukoschitz's picture

European Commission launches new European Consumer Agenda

The European Commission has adopted its strategic vision for EU consumer policy for the years to come which aims to maximise consumer participation and trust in the market.

Michael Wukoschitz's picture

EU Commission to hold another stakeholders' conference on the PTD revision

The European Commission will hold a half-day stakeholders' conference on the revision of the Package Travel Directive (90/314/EEC) on 05 June 2012. The conference will take place at Charlemagne, room Jenk –– Rue de la Loi 170 – 1049 Brussels. It will primarily aim at hearing and collecting stakeholders' views on certain key issues related to the revision of the Directive.

Michael Wukoschitz's picture

German Supreme Court decides on organizer's liability for changing the departure of the return flight to an earlier time

The plaintiff's spouse had booked a one week package holiday to Turkey at EUR 369 per person for the plaintiff and himself. The return flight was scheduled to depart on June 1, 2009, 16:40 hrs. One day before, the organizer changed the departure time to 05:15 hrs and thus the plaintiff and her spouse were to be picked up at the hotel as early as 01:25 hrs. They therefore looked for an alternative return flight which they booked on their own and which departed at 14 hrs.

Michael Wukoschitz's picture

European Court of Justice: insolvency protection also applies in case of a package organiser’s fraudulent conduct

The Landgericht Hamburg (Regional Court, Hamburg, Germany) had asked the ECJ whether the protection of consumers pursuant to article 7 of the Package Travel Directive (PTD) also applied where the insolvency was attributable to fraudulent conduct on the part of the travel organiser. The Landgericht Hamburg must rule on the action brought by Mr Blödel-Pawlik against HanseMerkur Reiseversicherung AG, a German insurance company, concerning its refusal to refund the cost of package travel which did not take place because of the insolvency of the travel organiser, Rhein Reisen GmbH.

Uta Stenzel's picture

IFTTA Europe Workshop Website Online!!!

Dear Friends and Colleagues,

Having participated at many IFTTA Conferences and Workshops in the last years, and having enjoyed the hospitality of our colleagues and friends, we have now the honour to organize the 5th European IFTTA Workshop on Travel and Tourism Law.

The workshop takes place from 

April 17 - 20, 2012 in Rostock, Germany


The main topics are:

Michael Wukoschitz's picture

German Supreme Court clarifies scope of PTD insolvency protection

In judgement of Nov. 2, 2011 the German Supreme Court (BGH) held that insolvency protection pursuant to Art. 7 PTD also covers the repayment of the travel price if the organiser had cancelled the package trip before going bust. Neither Art. 7 PTD nor German law would require a causal connection between the insolvency of the organiser and the cancellation of the trip. Due to clear wording of Art. 7 PTD in this regard, the BGH saw no reason to file a reference for preliminary ruling to the ECJ.

Michael Wukoschitz's picture

Austrian Constitutional Court: no state liability for alledgedly false application of the Package Travel Directive

The plaintiff (a lawyer) initially had sued a tour operator for mal-performance of a package travel contract. The claim had been dismissed by all instances as courts had held that the plaintiff had booked accomodation in a Dubai city hotel with half board and a shuttle service to the beach - and had exactly got what he had booked. It had to be regarded obvious that a city hotel could not offer the same amenities with regard to duration and flexibility of staying at the beach like a hotel directly situated there.

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