Michael Wukoschitz's blog

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CJEU: no reimbursement of ticket price from the air carrier if there is a claim against the tour organiser

On 19 March 2015, three persons booked return flights between Eelde (Netherlands) and Corfu (Greece) through Hellas Travel, a travel agency established in the Netherlands. Those flights formed part of a ‘package tour’, the price of which was paid to Hellas Travel.

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EU Commission sues Austria over VAT rules for travel agents

The special VAT scheme for travel agents means that VAT should be applied only on the margins made from sales of travel services to consumers. In return, however, travel agents cannot deduct VAT they pay while buying services from other businesses.

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USA restricts Cuba travel

On June 5, 2019, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), the Department of the Treasury’s Office of Foreign Assets Control (OFAC), and the Department of State took actions to restrict non-family travel to Cuba. Major elements of the changes in the revised regulations include:

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IATA AGM passes five resolutions

The International Air Transport Association (IATA) announced that five resolutions have been passed by the 75th Annual General Meeting. These are:

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CJEU Advocate General qualifies AIRBNB as Information Society Service

Following a complaint by the French Association pour un hébergement et un tourisme professionnel, the Prosecutor’s Office, on 16 March 2017filed an indictment for infringement of the law regulating the conditions for the exercise of activities related to certain transactions concerningreal propertyand financial goodwill(Hoguet Law), in particular, the activities of real estate agents.

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CJEU: damage to an aircraft tyre caused by a screw lying on the runway constitutes "extraordinary circumstances"

The plaintiff had been passenger of a Germanwings flight from DUB to DUS. When preparing for take-off, the flight crew discovered that one of the aircraft's tyres had been damaged by a screw which must have been lying on the runway. The tyre had to be changed which caused a delay of more than 3 hrs.

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30th Worldwide IFTTA Conference - Bratislava

The 30th Worldwide IFTTA Conference is scheduled to take place in Bratislava, Oct. 24 to 26, 2019. The conference will be hosted by the Comenius University Bratislava. Save the date - more information to follow!

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IFTTA Law Review 3-2018 online

With a short delay, the last edition of the IFTTA Law Review 2018 is now available in the members area of the website. Prefaced by an editorial by Enrique Mota Flores, it contains articles on the liability of tourism intermediaries in Brazil (Rafael Viana) and the relation between European Passenger Rights and the Montreal Convention (Michael Wukoschitz).

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German Supreme Court: break down of the aiport computer system constitutes "extraordinary circumstances"

The claimants had booked flights from NYC to LON and then on to STR. Due to a break down of the computer systems at JFK aiport (which all in all lasted for 13 hrs), the claimants' flight to LON started 2 hrs late and they missed their conncetion flight to STR. They were rebooked to an alternative flight and reached their final destination with a delay of about 9 hrs. Their claim for compensation under Regulation (EC) No. 261/2004 remained unsuccessful at all court levels.

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CJEU: No Claim for Compensation under the EU Air Passenger Rights Regulation if Air Carrier is Lacking Valid Operating Licence

In 2017 the claimants had booked a holiday package to Mallorca with TUI Germany including flights with Sundair. Five days before departure they were informed that they were rebooked to other flights operated by other airlines wtih an outward flight arrving in Mallorca more than 13 hrs later and a return flight arrivng in Germany more than 3 hrs later than orginally booked. They filed a law suit against Sundair for compensation according to Reg. (EC) No. 261/2004.

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