Passenger rights

Michael Wukoschitz's picture

Canada: Transportation Agency decides in flight cancellation and overbooking cases

In five separate decisions of June 28, 2012, the Canadian Transportation Agency ruled on the reasonableness of international tariff provisions of Air Canada, WestJet and Air Transat, and domestic tariff provisions of Air Canada and WestJet relating to the overbooking, cancellation, delay and rerouting of flights.

Michael Wukoschitz's picture

Germany: lugagge to be carried on a later flight is no legitimate reason to deny boarding

The plaintiff and his companions had booked a holiday package to Curacao. The flight MUC-AMS-CUR was to be operated by the defendant. The passengers' luggage was checked through from MUC to CUR. The flight MUC-AMS arrived in AMS with a delay of 20 mins. Nevertheless, the passengers were able to reach the gate for the connecting flight on time. However, they were denied boarding because it was not possible to transship their luggage in due time and same was to be carried on a later flight only.

Michael Wukoschitz's picture

Denmark: passengers of a cancelled flight entitled to rerouting at the earliest opportunity

The passengers had 4 return tickets for CPH - Accra/Ghana via AMS with KLM. The tickets were bought through a local travel agent. Original departure 19/12. On the 18/12 the flight was cancelled due to weather conditions in AMS.

Michael Wukoschitz's picture

Netherlands: new reference for ECJ preliminary ruling regarding air passenger rights

The Dutch Rechtbank Amsterdam has referred the following questions to the Court of Justice of the European Union:

Michael Wukoschitz's picture

German Supreme Court: no compensation for flight cancellation caused by strike

In two cases the passengers' LH flights from Miami to Germany were cancelled because of a strike of the pilots which followed a call for strike by a pilots' association. In first instance, the courts granted compensation pursuant to Reg. 261/2004. In second instance, the Landgericht Köln dismissed LH's appeal reasoning the a strike of the carrier's own staff could not constitute extraordinary circumstances. In the second case, however, the Landgericht Frankfurt/Main followed LH's appeal and reversed the judgement.

Michael Wukoschitz's picture

EU Economic and Social Committee publishes opinion on passenger rights in all transport modes

On July 31, 2012 the European Economic and Social Committee (EESC) published its opinion on the "Communication from the Commission to the European Parliament and the Council — A European vision for passengers: communication on passenger rights in all transport modes".

Michael Wukoschitz's picture

IFTTA Law Review 2-2012 available online

The newest edition of the IFTTA Law Review is availbale within the members' section of this website. It focusses on air passenger rights, namley the EU Regulation 261/2004 and the Montreal Convention. Print copies are available as supplement to the Journal "Reiserecht aktuell" published by Sellier European Law Publishers, Germany.

Michael Wukoschitz's picture

CJEU: inclusion of flight cancellation insurance as a default setting unlawful when selling air tickets over the internet

A German consumer-protection association has taken proceedings against ebookers.com before the German courts with a view to requiring that company to refrain from automatically including cancellation insurance with the air fare:

Michael Wukoschitz's picture

UK: British Airways to check passengers on Google?

According to an article by Margaret Tofalides from Manches LLP, published on lexology.com, British Airways is planning to use information from the internet to create dossiers on passengers. The programme would search Google images in order to find pictures of passengers so that they can be identified by the BA staff. It would would also search data held by BA, including records of previous flights and complaints. The programme, of course, raises data protection and privacy concerns.

Michael Wukoschitz's picture

USA: new law to require airlines to seat families together?

Rep. Jerrold Nadler (D-N.Y.) is introducing legislation that would prevent families from being separated because of airline fees for priority seats like aisles and windows. The bill, which has been dubbed the Families Flying Together Act of 2012, would direct the Department of Transportation to enforce the family seating requirement.

Source: The Hill; find article here>>.

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