Michael Wukoschitz's blog

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Thailand: new International Carriage by Air Act

Thailand which is not a party of the Montreal Convention yet has adopted a new  International Carriage by Air Act to come into force on May 14, 2015. The Act will apply to domestic and international carriage by air and will replace the application of the Thai Civil and Commercial Code to aviation cargo and passenger claims. It intends to approximate national law to the Montreal Convention of 1999 inter alia by introducing liability limits and a two years limitation period. An English translation of the Thai International Carriage by Air Act B.E.

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IFTTA Law Review 1-2015 available online

The IFTTA Law Review 1-2015 has been uploaded to the members' area of the IFTTA website. It contains articles on the European Passenger Rights Regulations (Tobias Eberharter), the Israeli experience with the cancellation of airline commissions to travel agents (Dov Kolani) and the issue of forseeable hazards in the toursim legislative framework (Jacqueline Tanti Dougall). Enjoy reading.

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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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UK: Competion and Markets Authority action on seconary ticketing website shows results

A Competition and Markets Authority (CMA) action has resulted in 4 of the largest UK secondary ticket platforms for music, sports and theare tickets – GET ME IN!, Seatwave, StubHub and viagogo – giving undertakings to build upon their existing practices and give improved information to buyers about the tickets listed on their sites.

These include:

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German court: tour organizer not entitled to a general cancellation fee of 90 percent of the package price in case of no-show

According to the General Conditions of Contract of a German tour organizer, consumers had to pay a cancellation fee of 90 percent of the full package price if they didn't show up at departure. The cancellation fee applied regardless of the character of the package (air package, round trip, hotel and rental car) with the only exception of cruises to which a cancellation fee of even 100 percent applied.

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CJEU: computerised booking systems must, from the outset, indicate the final price of each flight ticket

The German Federal Union of Consumer Organisations and Associations was challenging before the German courts the way in which air fares were presented in Air Berlin’s computerised booking system, as configured in November 2008: Once the date and airports of departure and arrival had been selected, the booking system displayed a table of possible connections. The final price per person, however, was indicated only for the connection pre-selected by Air Berlin or clicked on by the customer, and not for every connection shown.

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IFTTA Law Review 3-2014 online

The IFTTA Law Review 3-2014 is now available online. It contains the second part of IFTTA's Submission to the UNWTO on the Draft Convention on the Protection of Tourists and Tourism Service Providers and an article by Andras Salamon on "New Interpretation of the Travel Contract in the current Civil Code of Hungary" . The journal can be downloaded from the members area.

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Singapore: new regulation on tourist guides

According to the Singapore Tourism Board Act which came into force Oct. 7, 2014, tourist guides have to be licenced by the Singapore Tourism Board. Licenced tourist guides receive a tourist guide badge. Actiing as a tourist guide without a valid  licence is regarded an offence with a penalty of up to S$5,000 for the first offence and and upt to S$10,000 for the second or any subsequent offence. Any use of the services of an unlicensed guide is also regarded an offence with the same fines.

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German Supreme Court regards Lufthansa's frequent flyer terms and conditions lawful

The Plaintiff was a participant of Lufthansa's frequent flyer programme ("Miles & More") terms and conditions of which state that  air tickets aquired under the programme must not be transferred to any third persons unless this person had a tight personal relationship to the participant. Nevertheless, the plaintiff booked air tickets on behalf of a third person who he had no personal relation to using his bonus "miles". Lufthansa therefore terminated plaintiff's participation in the programme and cancelled his HON Circle Member status.

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