News

In case of cancellation of a flight, according to Article 5 of Regulation (EC) No 261/2004 the carrier shall be exempt from the obligation to pay compensation if the passengers were informed of the cancellation at least two weeks before the scheduled time of departure. In a judgement of May 11, 2017, the CJEU now […]

In a highly anticipated judgement, the CJEU held today that a collision between an aircraft and a bird, as well as any damage caused by that collision, are not intrinsically linked to the operating system of the aircraft, with the result that such a collision is not by its nature or origin inherent in the

Article 23 of Reg. (EC) No 1008/2008 provides that with regard to air fares and air rates available to the general public, the final price to be paid shall at all times be indicated and shall include the applicable air fare or air rate as well as all applicable taxes, and charges, surcharges and fees

AIDA cruise ships are characterized by a distinctive logo consisting of a blue wave, an eye and a pair of red lips on the bow.The artist who created the logo has confered the exclusive right of use to the cruise company. The defendant who offers shore leave trips in Egypt published a photo on his

Federal Law No. 52-FZ, published on April 4, 2017 will make Russia part of the Convention for the Unification of Certain Rules for International Carriage by Air 1999 (Montreal Convention). The relevant amendments to the Russian Air Code are made by a separate Bill No. 28636-7. As successor of the Soviet Union, Russia alrerady is

On Feb. 28, 2017 the Austrian Federal Ministy of Justice has published its draft for the implementation of the EU Package Travel Directive 2015/2302. Instead of the current provsions related to package travel in the Consumer Protection Act, there will be a separate Package Travel Act (Pauschalreisegesetz – PRG). This seems reasonable as the protection

In a recent decision the Austrian Supreme Court (OGH) upheld a judgement of the appelate court (Oberlandesgericht Wien) regarding a term of KLM’s “Flying Blue” bonus programme. According to the decision, a standardized contract term providing that any premium miles shall expire with the lapse of 20 month from their acqusition unless they are extended

Upon request for preliminary ruling lodged by the Commercial Court Vienna, the CJEU held that the communication of television and radio broadcasts by means of TV sets installed in hotel rooms does not constitute a communication made in a place accessible to the public against payment of an entrance fee. Although the distribution of a

The plaintiffs had booked a package to Turkey including air transport, hotel accomodation and a bus transfer from the airport to the hotel. During this transfer a ghost driver’s car hit the transfer bus and the passengers were severely injured. Instead of the hotel they were taken to hospital and therefore could not take any

The IFTTA Law Review 3-2016 is now availble in the members area. It contains an article by Graciale Güidi on “sharing economy” and tourist accomodation services as well as a summary of the 27th IFTTA World Conference in Tel-Aviv by Klaus Tonner. Enjoy reading!