In a recently published decision, the Austrian Supreme Court has held that although bad weather can be an indication for "extraordinary circumstances" but doesn't itself constitute such circumstances. The carrier has to prove that despite adverse weather conditions it took all reasonable measures to avoid a flight cancellation. Such measures could include re-routing of the flight to another airport close by or postponing the flight to wait for an improvement of weather conditions.
With decision No. 7825/2013 of June 4, 2013, the Court of Milan has held that Ryanair’s refusal to grant access to its database and booking procedures to an online travel agency was an abuse of its dominant market position. Ryanair's General Conditions for the use of its website interdicted any access for commercial purposes an thus excluded OTAs from intermediation business. The court ruled that Ryanair has to allow OTAs access to its database and booking procedures.
The defendant runs a ticket office which sells theater and concert tickets through the internet. In the course of the online booking process, the website showed the total price of the respective ticket and the information "ticket price includes booking fee and VAT". Only the General Conditions of Contract contained the information that the booking fee/commission ammounted to 25 percent of the net ticket price.
A German Regional Court, the "Landgericht Frankfurt am Main", has filed a reference for preliminary ruling to the European Court of Justice asking for interpretation of article 12 of Reg. 261/2004/EC as follows:
In a recent judgement, the Austrian Supreme Court (OGH) has held that an insurance company which has issued an insurance policy covering cancellation fees of a traveller in case of illness or injury cannot deny payment based on gross negligence of the traveller if the letter was injured in a car accident in which he did not have his sealtbelt fastened. Alhough the obligation to fasten seatbelts is important in car traffic, a violation of same only constitutes slight negligence and does therfore not relieve the insurance company from payment.
A new guidance launched by the Civil Aviation Authority (CAA) and the Office of Fair Trading (OFT), is aimed at airlines, price comparison websites, travel agents and tour operators, and is designed to make sure the travel industry is fully aware of its responsibilities under existing consumer legislation. The document makes clear that the travel industry must provide consumers with the information they need, when they need it and in a transparent way they can clearly understand.
The passengers were booked on an Iberia flight from Berlin via Madrid to San José (Costa Rica). The flight from BER to MAD was about 90 minutes delayed and the passengers therefore missed their connecting flight to SJO. They were rebooked to a flight one day later. Upon return they claimed for compensation pursuant to Reg. 261/2004.
In its so called "Sturgeon" judgement (joined cases C-402/07 and C-432/07) the CJEU had extended the air carriers' obligation to pay compensation to passengers who reached their final destination only 3 hrs or more after the scheduled arrival time even if their flight wasn't cancelled but only delayed. Upon reference for preliminary ruling filed by a German Regional Court (LG Köln), the Court has now decided that there is no contradiction between the "Sturgeon" judgement and the principle of separation of powers.
A 14 days cruise "Summer in Greenland" was performed differently from what it had been sold: the route was different, several shore leaves were cancelled, the duration of other shore leaves was significantly reduced. Because of petrol of poor quality, the engine power was reduced and the visits to the Faeroe Islands and the Orkney Islands had to be cancelled. The respective days were spent on open sea instead. Some passengers therefore decided to terminate the trip in Reykjavik and returned back home on their own.