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Michael Wukoschitz's picture

Austrian Supreme Court: railway company not liable for stolen luggage

The plaintiff traveled by train with the Austrian national railway company ÖBB. She carried a large travel bag which she put on the floor of the aisle. The conductor orderd her to place her bag to the baggage compartment of the wagon which could not be observed from her seat. When she reached her destination she realized that her bag was stolen.

The claim for compensation was dismissed: the Supreme Court (OGH) held that the conductor's instruction to store tha bag in the baggage compartment did not constitute any obligation of custody on the part of the railway company .

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

CJEU Advocate General: National Enforcement Body must not take enforcement measures to pursue claims of individual air passengers

Upon reference for preliminary ruling lodged by the Dutch Raad van State (State Council), the Advocate General of the CJEU has delivered an opinion according to which Article 16 of the Air Passenger Rights Regulation 261/2004 only entrusts the National Enforcement Bodies (NEBs) with the task to secure general compliance with the Regulation but not to pursue individual claims. Individual claims should rather be pursued before the courts. A concurrent competence of courts and national Enforcment Bodies could lead to different interpretations of the Regulation and cause legal uncertainty.

Michael Wukoschitz's picture

Argentina: new law requires airlines to provide gluten-free meals

According to a new Argentinian law (27,196), airlines are amongst institutions which must offer at least one gluten-free food choice. The law declares early detection, diagnosis and treatment of coeliac disease and access to gluten-free food a matter of national interest.

Source: Article by Elizabeth Mireya Freidenberg, published on http://www.internationallawoffice.com

Stephan Keiler's picture

Travel Directive 2015/2302/EU published

The new Directive on package travel and linked travel arrangements has been published in the Offical Journal of the European Union today.

 

Tthe Travel Directive has the number 2015/2302/EU

OJ 2015 L 326/1

 

According to Article 28 it has to be implemented by the member states by Jan 1, 2018 and to be applied by July 1, 2018

Available in all official languages here:

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2015:326:TOC

 

Stephan

Michael Wukoschitz's picture

USA: DOT reminds airlines on their obligations regarding damaged baggage

Following a routine airport inspection at 16 airports nationwide in a two week period in September 2015, the U.S. Department of Transportation issued a notice reminding airlines that they are required to compensate passengers for damage to wheels, straps, zippers, handles, and other protruding parts of checked baggage beyond normal wear and tear.  The notice also reminds airlines of their obligation to accept all reports of mishandled baggage from consumers even if an airline’s agent believes the airline is not liable.

Stephan Keiler's picture

European Parliament adopts new Travel Directive

European Parliament has just adopted the new Travel Directive thereby the legislative procedure is completed!


24+6 months for implementation after publication in the OJ

http://www.europarl.europa.eu/news/en/news-room/content/20151022IPR98799/html/MEPs-adapt-package-travel-rules-to-the-digital-age

 

* The text of the new Travel Directive can be found here (final version adopted by Council: 9173/3/15 REV 3)

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

Air carriers to stack passengers in aircrafts?

According to a report published on telegraph.co.uk, aircraft manufacturer Airbus has designed a mezzanine level for planes which would stack passengers above others. However, it is questionable, that the invention will ever make it past the design stage. To read the article which also contains sketches of the mezzanine level seating, see http://www.telegraph.co.uk/travel/travelnews/11914067/Airbus-designs-mezzanine-to-seat-plane-passengers-on-top-of-each-other.html

 

Michael Wukoschitz's picture

IFTTA Law Review 2-2015 online

The latest edition of the IFTTA Law Review is now available online in the members area of the website. It contains an article by Stefan Koch on Ship emmissions and International Maritime Law as well as reports on this year's IFTTA North America Conference and the 8th IFTTA Europe Workshop. Enjoy reading!

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