The U. S. Department of Transportation (DOT) on Oct. 25, 2013, fined United Airlines USD 1.1 million for lengthy tarmac delays that took place at Chicago-O’Hare International Airport on July 13, 2012. The airline was ordered to cease and desist from future violations of the tarmac-delay rule. This is the largest fine assessed for a tarmac-delay violation since the rule limiting long tarmac delays first took effect in April 2010.
The Regulation (EC) No 1371/2007 on rail passengers’ rights and obligations provides that the liability of railway undertakings in the case of delay is governed by the Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail, subject to the applicable provisions of the regulation.
In judgements issued yesterday in two parallel cases, the German Supreme Court (BGH) has held that a bird strike constitutes extraordinary circumstances and thus exempts the air carrier from the obligation to pay compensation to the passengers in case of a cancellation or a long delay if the air carrier can prove that it had taken all reasonable measures to avoid the cacellation or delay. The Supreme Court argued that bird strikes were unforeseeable and unforstallable events for air carriers.
In a recent judgment, the German Supreme Court (BGH) reconfirmed that passengers who miss their connecting flight due to a delay of the feeder are entitled to claim for compensation if they reach their final destination 3 hrs or more after their scheduled arrival. The plaintiffs had booked a flight from Miami to Düsseldorf via Madrid. As the departure in Miami was delayed for 01:20 hrs they arrived in Madrid too late to catch their connecting flight to Düsseldorf. They were rebooked to another flight and reached Düsseldorf with a delay of 07:30 hrs.
On August 26, 2013, the Committee on Transport and Tourism of the European Parliament has published a Draft Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air.
On December 12, 2011, Gábor Lukács filed a complaint with the Canadian Transportation Agency (CTA) alleging that Air Canada’s practice of overselling domestic flights and certain domestic tariff provisions governing denied boarding compensation appearing in Air Canada’s Tariff are unreasonable. He requested the CTA to:
In a recent reference for ECJ preliminary ruling, the German Supreme Court (BGH) has asked for an interpreation of article 12 of the Air Passenger Rights Regulation 261/2004. This article provides that the Regulation shall apply without prejudice to a passenger's rights to further compensation but that the compensation granted under this Regulation may be deducted from such further compensation.
In a recently published decision, the Austrian Supreme Court has held that although bad weather can be an indication for "extraordinary circumstances" but doesn't itself constitute such circumstances. The carrier has to prove that despite adverse weather conditions it took all reasonable measures to avoid a flight cancellation. Such measures could include re-routing of the flight to another airport close by or postponing the flight to wait for an improvement of weather conditions.
A German Regional Court, the "Landgericht Frankfurt am Main", has filed a reference for preliminary ruling to the European Court of Justice asking for interpretation of article 12 of Reg. 261/2004/EC as follows:
Cruise Lines International Association (CLIA) is the world's largest cruise industry trade association with representation in North and South America, Europe, Asia and Australasia. CLIA represents the interests of cruise lines, travel agents, port authorities and destinations, and various industry business partners before regulatory and legislative policy makers. CLIA is also engaged in travel agent training, research and marketing communications to promote the value and desirability of cruise holiday vacations with thousands of travel agency and travel agent members.