News

CJEU decides on admissiblity of capping discounts in online travel bookings

Eturas is the holder of exclusive rights to, and administrator of, the E-TURAS system, a common online travel booking system in Lithuania. It allows travel agencies which have acquired by contract an operating licence from Eturas to offer travel bookings for sale on their websites, through a uniform presentation method determined by Eturas. The abovementioned …

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CJEU: employers can claim for damages under Montreal for their empolyees’ flight delays

Upon request of the Lietuvos Aukščiausiasis Teismas (Supreme Court of Lithuania) in proceedings between Air Baltic Corporation AS (‘Air Baltic’) and Lietuvos Respublikos specialiųjų tyrimų tarnyba (Special Investigation Service of the Republic of Lithuania – ‘the Investigation Service’), the Court of Justice of the European Union has provided an interpretation of the Montreal Convention.The Investigation …

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German Supreme court decides on tour organiser liabilty for local excursion

The plaintiffs had booked a package holiday to Bulgaria with the defendant. Upon arrival, they recieved a weclome folder which contained a sheet titled “Your Excursions”, carrying the defendant’s logo and promoting varoius events and excursions. In the bottom line it said that the excursions were organised by a local agency and the defendant would …

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Austrian Supreme Court: railway company not liable for stolen luggage

The plaintiff traveled by train with the Austrian national railway company ÖBB. She carried a large travel bag which she put on the floor of the aisle. The conductor orderd her to place her bag to the baggage compartment of the wagon which could not be observed from her seat. When she reached her destination …

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CJEU Advocate General: National Enforcement Body must not take enforcement measures to pursue claims of individual air passengers

Upon reference for preliminary ruling lodged by the Dutch Raad van State (State Council), the Advocate General of the CJEU has delivered an opinion according to which Article 16 of the Air Passenger Rights Regulation 261/2004 only entrusts the National Enforcement Bodies (NEBs) with the task to secure general compliance with the Regulation but not …

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USA: DOT reminds airlines on their obligations regarding damaged baggage

Following a routine airport inspection at 16 airports nationwide in a two week period in September 2015, the U.S. Department of Transportation issued a notice reminding airlines that they are required to compensate passengers for damage to wheels, straps, zippers, handles, and other protruding parts of checked baggage beyond normal wear and tear.The notice also …

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European Parliament adopts new Travel Directive

European Parliament has just adopted the new Travel Directive thereby the legislative procedure is completed!
24+6 months for implementation after publication in the OJhttp://www.europarl.europa.eu/news/en/news-room/content/20151022IPR98799/html/MEPs-adapt-package-travel-rules-to-the-digital-age* The text of the new Travel Directive can be found here (final version adopted by Council:9173/3/15 REV 3)http://data.consilium.europa.eu/doc/document/ST-9173-2015-REV-3/en/pdf