Michael Wukoschitz's blog

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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.

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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.

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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

 

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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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Australia: New South Wales Supreme Court decides on jurisdiction in hotel liablility case

The plaintiff  was injured during a family holiday in Bangkok in June 2013. She was a guest at the Mandarin Oriental Hotel, and was participating in a Thai cookery class conducted by the Hotel when the floorboards on which she was standing gave way, causing her to injure her shoulder.

The defendant (hotel owner) sought an order to stay the proceedings on the ground that

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Germany: operator of a hotel review website not liable for insulting postings

The plaintiff, a hotel company, sued the operator of a hotel review website over a posting which alledged that in the plaintiff's hotel the guests got "only bed bugs for the EUR 37,50 paid per night". The defendant's website offers the opportunity to post hotel reviews and rate hotels. A special software is scanning the postings for potential insult or defamation. Postings which are not blocked by this software get published automatically. Upon plaintiff's complaint, the defendant immediately removed the posting but refused to sign a cease and desist declaration.

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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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