Tour Operators

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Austria: Supreme Court decides on tour organizer liability for accident at local excursion

The plaintiff had booked a package to the Dominican Republic with the defandant. Defendant's terms and conditions provided that with regard to third party services (such as local excursions), the defendant was only liable for proper intermediation but not for the proper performance of the services themselves. Defendant's local representative in the Dominican Republic distributed weekly schedules to the guests containing various optional excursions.

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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.

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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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UK: Court of Appeal decides in broken glass door case

The case relates to an accident suffered by the plaintiff when on holiday in Barbados in September 2008. She had gone onto the balcony of her hotel room to read a book, closing
behind her the sliding glass balcony doors. When the telephone in her room rang a short time later, she got up from her chair and made to go back to the room, but she walked into

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CJEU decides on jurisdiction in package travel case

The plaintiffs, domiciled in Bludesch (Austria), booked and paid for themselves, as private individuals, a package holiday to Egypt on the website of a German online travel agent. The OTA, a company whose registered office is in Munich (Germany), stated that it acted as the travel agent and that the trip would be operated by a particular our operator, which has its registered office in Vienna (Austria).

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Austria: tour operator not allowed to use consumers' pictures for travel brochures

The plaintiffs, a married couple, took part in a package trip to Scotland organised by the defendant. At the occasion of a visit to the old blacksmith's shop at Gretna Green, a pretended wedding cermony was enacted in which the plaintiffs played the bride and the groom. The bus driver took pictures of this 'ceremony'.

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Germany: Supreme Court decides on international jurisdiction with regard to letting of holiday homes

The plaintiffs, domiciled in Germany, had rented a holiday home in Belgium from a Danish tour operator (the defendant). They had several complaints about the condition of the home and claimed for a price reduction. Based on the consumer forum pursuant to Articles 15 and 16 of the Brussels I-Regulation they filed their claim before their local court. The defendant filed a motion to dismiss the claim on the ground of lacking international jurisdiction of German courts.

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UK: Birmingham County Court decides in broken glass door case

The Russell family booked a holiday package to Spain. At the time of booking they made clear that they were not seasoned travellers and specifically requested accommodation which was suitable for young children because they took along their 4 year old daughter. They were duly reassured. At the hotel they were allocated to a room with a glass balcony door. Shortly after arrival, while the parents were unpacking, the girl ran towards the door. She failed to realise that it was still shut and collided with it.

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Austria: reference for ECJ preliminary ruling on Brussels I-Regulation

The plaintiffs, both Austrian residents domiciled in Bludesch (Austrian Province of Vorarlberg), had booked a holiday package to Egypt organized by an Austrian tour operator located in Vienna. The booking was made online through the website of a German travel agency. By mistake of either the tour operator or the travel agency, they were booked to a different (but similary named) hotel than they had actually chosen. They filed a law suit against both, the travel agency and the tour operator, before their local court in Vorarlberg.

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Bulgaria: new tourism legislation in parliament

The Bulgarian Parliament is about to enact a new tourism law and has adopted a draft at first reading. The purposes of the draft law are:

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