Compensation

Michael Wukoschitz's picture

The Netherlands contribute another reference for preliminary ruling challenging the "Sturgeon judgement"

The Dutch Rechtbank Breda on June 27, 2011 lodged a reference for preliminary ruling of the ECJ with regard to the following questions:

Michael Wukoschitz's picture

Austria: hotel operator not liable for injury of a guest who tried to repair a jamming glass door

The plaintiff who was a former share holder of a hotel company (the defendant) and also the former companion of the defendant's director stayed in the defendant's hotel as a guest, when the director asked him to do her the favour to look for a jamming glass door in the indoor pool area because she couldn't reach any craftsman. When he tried to remove the defective glass door, he got severely injured on his right hand. He sued the hotel company for compensation for pain and suffering. The court of first instance granted the claim.

Michael Wukoschitz's picture

Austria: Supreme Court decides on fatal scuba diving trip with tiger sharks

Upon request of two consumers, the Defendant (an Austrian travel agent) offered them a package consisting of a tiger shark scuba diving trip to the Bahamas organized by a Florida based scuba diving company and the flights from/to Austria. The concept of the diving trip was based on watching tiger sharks while diving without a protecting cage.

Stephan Keiler's picture

IFTTA Europe Workshop: Air Passenger's Rights

Dear IFTTA friends,

as the European Workshop on the Review of the Air Passengers' Rights Regulation comes nearer I would like to remind you gently to have a look to the updated topics to be discussed.

 I kindly ask everyone to choose one or more topics an to circulate the drafted input until June 23rd.

Michael Wukoschitz's picture

Canada: air carrier not liable for delay caused by mechanical problem

The Plaintiffs were booked on an Alitalia flight from Bari to Rome and then on to Montreal. Because of a mechanical problem, which was identified only shortly before departure, the flight from Bari to Rome was delayed almost 3 hrs and they missed their connecting flight to Montreal.

However, the claim was dismissed as Alitalia could produce evidence that once the problem was discovered, the aircraft was repaired as quickly as possible and thus proved that it took all reasonable measures to avoid the delay.

Michael Wukoschitz's picture

USA: DOT issues new passenger rights regulation

The Department of Transportation (DOT) has issued a final rule to improve the air travel environment for consumers by:

Michael Wukoschitz's picture

German court asks ECJ: can a discontinued flight be regarded as delayed pursuant to Reg. 261/2004?

Plaintiff had booked a round trip flight from Frankfurt to Antigua. The return flight started on time and had a scheduled stopover in Punta Cana. From there the aircraft started on time as well but due to a technical problem - the landing gear could not be retracted - had to return to Punta Cana airport from where it could only depart again 24 hrs later.

Plaintiff filed a law suit claiming compensation pursuant to Reg. 261/2004. Court of first instance granted the claim. Upon defendant's appeal, the appelate court (LG Frankfurt am Main) referred the following questions to the ECJ

Michael Wukoschitz's picture

Austria: court denies compensation for missed connecting flight

The plaintiffs had booked a flight from Linz to Perth via Frankfurt and Hongkong with the defendant. The flight from Linz to Frankfurt, however, was to be operated not by the defendant but by another airline. The flight from Linz to Frankfurt was cancelled and the operating carrier offered plaintiffs an alternative flight. This (substitute) feeder was delayed and the plaintiffs thus missed their connecting flight to Hongkong.

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