Passenger rights

Michael Wukoschitz's picture

USA: DOT fines Alitalia for deceptive practices

Following a complaint from two Alitalia passengers whose flights were canceled, the Department’s Aviation Enforcement Office investigated the carrier’s refusal to pay cash compensation to the passengers. The U.S. Department of Transportation (DOT) now fined  Alitalia USD 125,000 for providing inaccurate information on its website regarding its policy on compensation to passengers on delayed and cancelled flights. 

Michael Wukoschitz's picture

EU: MEPs welcome Commission proposal on air passenger rights

In their first discussion of the proposal on Tuesday, transport committee MEPs welcomed the proposal to update air passengers' rights tabled by the Commission on 13 March but insisted that it include rules on hand luggage and solutions for passengers stranded if an airline goes bankrupt. Commission Vice-President Siim Kallas paid tribute to Parliament's preparatory work in 2012. The transport committee will appoint rapporteurs for the two regulations in the coming weeks.

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CJEU Advocate General: a railway undertaking may not exclude refund of the ticket price in cases of force majeure

The EU Regulation 1371/2007 on rail passengers’ rights and obligations provides that a passenger who is facing a delay of one hour or more may request a partial refund of the ticket price from the railway company. This compensation is a minimum of 25% of the ticket price for delays of one hour to 119 minutes and a minimum of 50% for delays of two hours or more.

Michael Wukoschitz's picture

European Court of Justice: compensation for flight delay not conditional upon delay at departure

Mrs Folkerts held a reservation to fly from Bremen (Germany) to Asunción (Paraguay), via Paris (France) and São Paulo (Brazil). The departure of the flight from Bremen to Paris, operated by the company Air France, was delayed and the aircraft took off with a delay of approximately two and a half hours beyond the scheduled departure time.
Michael Wukoschitz's picture

Austrian Supreme Court decides on air carrier liability for checked baggage and exclusivity of the Montreal liability regime

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.

Michael Wukoschitz's picture

CJEU: no limitation of the air carriers' obligation to provide care to passengers in case of volcanic eruption

In the event of cancellation of a flight, the air carrier is obliged, under Reg. 261/2004/EC, to provide care to passengers as well as to provide compensation. As regards the obligation to provide care, the air carrier must provide free of charge, in light of the waiting time, refreshments, meals and, where appropriate, hotel accommodation and transport between the airport and place of accommodation, as well as means of communication with third parties.

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Canada: unruly passenger ban upheld by Transportation Agency

The claimant Guillaume Boutin filed a complaint with the Canadian Transportation Agency against Air Canada regarding a permanent travel ban imposed by Air Canada following an incident that occurred at the Cancun, Mexico airport just prior to Mr. Boutin’s return flight to Montréal, Quebec, Canada, on February 29, 2012.

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USA: DOT fines Vision Airlines for charter violations

The U.S. Department of Transportation (DOT) assessed Vision Airlines a USD 50,000 penalty for violating rules that protect passengers when their public charter flights are suddenly canceled and ordered the carrier to cease and desist from further violations.

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USA: DOT fines Travelzoo for violation of Code-Share Disclosure Rules

The U.S. Department of Transportation (DOT) has assessed a USD 50,000 penalty against the online ticket agent Travelzoo for failing to properly disclose to consumers when flights were being operated under a code-sharing arrangement, and ordered the company to cease and desist from future violations.

Michael Wukoschitz's picture

ECJ: Rail passengers must be given information on main connecting services, whichever railway undertaking operates them

The (privately owned) railway undertaking Westbahn Management GmbH operates passenger rail transport services on the Vienna-Salzburg line in Austria. State owned ÖBB-Infrastruktur AG is the railway infrastructure manager in Austria and manages the major part of the Austrian rail network, including the Vienna-Salzburg line. It has at its disposal real-time data on the positions of all trains operating on the Austrian rail network it manages. The data is communicated to the various railway undertakings where it concerns those undertakings’ trains.

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