Blogs

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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.

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IFTTA Law Review 1-2017 now online

The IFTTA Law Review 1-2017 contains a Message of the President by Marc McDonald, an article on hotel liabilty in personals injury cases by Arie Odinocki, George Nathanael and Hilary Wise and a report on the 6th IFTTA North America Conference by Doug Crozier. It is now available as pdf in the members area of the website.

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CJEU clarifies burden of proof for timely information on flight cancellation

In case of cancellation of a flight, according to Article 5 of Regulation (EC) No 261/2004 the carrier shall be exempt from the obligation to pay compensation if the passengers were informed of the cancellation at least two weeks before the scheduled time of departure.

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CJEU: bird strikes qualify as "extraordinary circumstances"

In a highly anticipated judgement, the CJEU held  today that a collision between an aircraft and a bird, as well as any damage caused by that collision, are not intrinsically linked to the operating system of the aircraft, with the result that such a collision is not by  its nature or origin inherent in the  normal exercise of the activity  of the air carrier concerned and  is outside its actual control.  Accordingly,  a collision between an  aircraft and a bird is an extraordinary circumstance within the meaning of the regulation.

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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.

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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.

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Russia to become Member of the Montreal Convention

 Federal Law No. 52-FZ, published on April 4, 2017 will make Russia part of the Convention for the Unification of Certain Rules for International Carriage by Air 1999 (Montreal Convention). The relevant amendments to the Russian Air Code are made by a separate Bill No. 28636-7.

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Government draft for the implementation of the new EU Package Travel Directive in Austria

On Feb. 28, 2017 the Austrian Federal Ministy of Justice has published its draft for the implementation of the EU Package Travel Directive 2015/2302. Instead of the current provsions related to package travel in the Consumer Protection Act, there will be a separate Package Travel Act (Pauschalreisegesetz - PRG). This seems reasonable as the protection provided by the Directive is not limited to consumers only.

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Austrian Supreme Court decides on KLM's "Flying Blue" bonus programme term

In a recent decision the Austrian Supreme Court (OGH) upheld a judgement of the appelate court (Oberlandesgericht Wien) regarding a term of KLM's "Flying Blue" bonus programme. According to the decision, a standardized contract term providing that any premium miles shall expire with the lapse of 20 month from their acqusition unless they are extended by 'qualified activities' is unfair - at least if the contract term doesn’t differentiate between premium miles granted for flights and premium miles bought by the passenger in addition.

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CJEU decides on communication of broadcasts by TV sets installed in hotel

Upon request for preliminary ruling lodged by the Commercial Court Vienna, the CJEU held that the communication of television and radio broadcasts by means of TV sets installed in hotel rooms does not constitute a communication made in a place accessible to the public against payment of an entrance fee.

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