The plaintiff's father was booked on a flight from Vienna to Istanbul, operated by the defendant. He intended to check two suitcases and keep a smaller bag as cabin luggage. Upon check-in the passenger was told that with regard to its size and weight the bag did not meet the requirements for cabin luggage. He was asked to open the bag and the airline staff at the check-in desk could see that it contained variuos documents, some jewellery, antiques and several spectacles.
In their General Conditions of Carriage, Lufthansa and Austrian Airlines had incorporated clauses which provided that a passenger who doesn't use all the flight coupons of his ticket or doesn't use them in the original order can be required to pay up to the tariff applicable at the time of booking for the actual routing otherwise the airline would be entitled to deny boarding. Thus, a passenger who had purchased a low fare return ticket and then only used the outward flight could be required to pay up to the more expensive one way fare.
In the case which I had referred to in Rostock as "Frozen Antarctica Dreams" and which regarded a couple who had missed their Antarctica cruise following of a delayed departure of their feeder flight to Frankfurt caused by snow covered runways at the Vienna airport had sued the carrier and the airport for damages but their claim was dismissed by the court of first instance, the appelate court (OLG Wien) has now reversed the judgment and held both, Lufthansa and the Vienna airport liable for the damages.
In the case of the former chairman of the extreme right wing German NPD ("Democratic Party of Germany"), Udo Voigt, whose wife had booked a private vacation at a wellness resort in Brandenburg but they were denied access by the hotel director on the reason that Voigt's extreme politcal views were detrimental to the image of the hotel and the other guests' desire for comfort and relaxation (see IFTTA news of 23 November, 2010), the German Supreme Court (BGH) has for the most part upheld the
On September 26, 2008, appellants purchased two round-trip airline tickets from American Airline’s website. The y received an “E-Ticket Confirmation” which in the bottom line of the message stated: “A summary of Terms and Conditions of travel is available by selecting the Conditions of Carriage button below.” The referenced Conditions of Carriage clearly state that the ticket and the Conditions of Carriage “constitute the contract.”
The plaintiff who was a former share holder of a hotel company (the defendant) and also the former companion of the defendant's director stayed in the defendant's hotel as a guest, when the director asked him to do her the favour to look for a jamming glass door in the indoor pool area because she couldn't reach any craftsman. When he tried to remove the defective glass door, he got severely injured on his right hand. He sued the hotel company for compensation for pain and suffering. The court of first instance granted the claim.
A recently published survey carried out by the EU Commission showed that almost four out of ten citizens are not aware that they conclude a conctract with a transport company when purchasing a ticket and a majority doesn't know about the rights and obligations contained in such contract. The most used means of transport, namely local urban transport and inter-city rail transport have a more negative image whereas air transport has a posive image among most Europeans.
Interpreting Art. 3(2) of the European Directive 97/7/EC on the protection of consumers in respect of distance contracts, European Court of Justice in a recent preliminary judgement (easyCar UK Ltd v. Office of Fair Trading) held that the exemption made in regard to "provison of transport services" includes contracts for the provision of car hire services. Consumers therefore have no unrestricted right of withdrawal within a specific period after conclusion of contract, even if same was concluded as a "distance contract" via the internet (ECJ 2005-03-10, C-336/03).
The Governing Council of Unidroit at its 80th Session has approved the issue of hotel contracts being put on its reserve list with a view to future work on it if resources are available. It now appears on the reserve list for the Unidroit Work Programme for 2002-2004.