Compensation

Michael Wukoschitz's picture

Germany: cancellation of a feeder flight entitles to compensation according to the distance to the last destination

KLM sued a passenger for the price of a return ticket from Berlin via Amsterdam to Curacao. The passenger argued that due to cancellation of the feeder flight from BER to AMS, as a consequence of which he and his wife had missed the long haul flight and had to fly one day later, he was entitled to a compensation of EUR 600 per person which he would set off against KLM's claim.

Michael Wukoschitz's picture

UK: High Court seeks ECJ clarification of passenger rights

The UK High Court suspended U.K. courts from hearing any more compensation cases for delays against airlines. It has ordered the suspension while it asks the European Court of Justice to review the November 2009 ruling (joint cases C-402/07 - Sturgeon v. Condor and C-432/07 Böck, Lepuschitz v. Air France) extending the claim for compensation as provided in Reg. 261/2004/EC to passengers facing (long) delays. The controversial ECJ judgement strengthened the entitlements of passengers but has outraged airlines.

Michael Wukoschitz's picture

Austria: Supreme Court decides on loss of holiday enjoyment again

Two youngsters booked a holiday package to Greece, mainly for the purpose of "having party". They therefore chose a beach hotel close to several bars, discos and other entertainment places. The tour operator, however, accomodated them in a different hotel, about 12 km away. They therefore had to take a bus or taxi to reach the entertainment places. They sued for price reduction, compensation of costs for taxi and bus trips as well as compensation for loss of holiday enjoyment.

John Downes's picture

Scotland: Carriage By Road

Cheeseman v International Travel Services Ltd. [2008] Rep. LR 66

C booked a coach holiday excursion with X. The excursion was organised by X through sub-contractor V, which supplied the coach. C tripped on board the coach and sustained a fractured ankle. The cause was a defect in the carpet. C argued that X had accepted liability for transport suppliers under the terms and conditions of the contract.

Michael Wukoschitz's picture

Regulation on Compensation and Assistance for Air Passengers is valid

The International Air Transport Association (IATA) and the European Low Fares Airline Association (ELFAA), which represents the interests of 10 low-fare airlines from nine European countries, contested the United Kingdom’s implementation of the regulation before the High Court of Justice of England and Wales. They raised before the High Court questions concerning the validity of the regulation, in particular of the provisions relating to cancellations, delay and compensation. The High Court referred those questions to the Court of Justice of the European Communities.

Michael Wukoschitz's picture

No tour operator liability for an accident

No tour operator liability for an accident of a two year old boy who slipped through the banisters of the hotel stairs: in a recent decision Austria's Supreme Court confirmed judgements of lower instance courts who both had dismissed a claim for compensation for pain and suffering based on the allegation that the tour operator had not provided sufficient security for children. Supreme court held that an advertisement emphasising favorable family rates would not justify increased expectations in regard to child security. Contractual safeguard obligations must not be overdrawn.

John Downes's picture

Lockerbie: Compensation

UK families have treated, with some scepticism, claims by US lawyers that they have negotiated a new settlement for families of the victims of the Lockerbie bombing. The settlements are said to amount to £6.4m (€10.08m or $10.12m) per family. However, there have been previous claims of settlement but these have failed to materialize.

John Downes's picture

Offer of Compensation

Swissair and Boeing have offered compensation to relatives of the 229 people who died after their flight was lost off the coast of Nova Scotia (Canada) in September 1998. The offer was made in a pre-trial meeting in a Philadelphia federal court. As part of the deal, the relatives would have to waive their "16bn (£10bn) claim for punitive damages. The companies have stressed that this does not amount to an admission of guilt. The case is due for its next hearing on 13 September.

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