Package Travel

Michael Wukoschitz's picture

Austrian Constitutional Court: no state liability for alledgedly false application of the Package Travel Directive

The plaintiff (a lawyer) initially had sued a tour operator for mal-performance of a package travel contract. The claim had been dismissed by all instances as courts had held that the plaintiff had booked accomodation in a Dubai city hotel with half board and a shuttle service to the beach - and had exactly got what he had booked. It had to be regarded obvious that a city hotel could not offer the same amenities with regard to duration and flexibility of staying at the beach like a hotel directly situated there.

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.

Michael Wukoschitz's picture

Australia: High Court decides on scope of a disclaimer

In October 2005, the Plaintiff and her husband went on a tour through Europe which the Plaintiff had booked with the Defendant. While travelling by coach from Prague to Budapest, the Plaintiff got out of her seat to get something from a bag she had stowed in the overhead luggage shelf. The coach braked suddenly; the Plaintiff fell backwards and suffered injury.

Michael Wukoschitz's picture

Austria: Supreme Court decides on travel package retailer liability

In a recent decsision, the Austrian Civil Supreme Court (OGH) has held that booking a package for a group or family constitutes a contract for the benefit of a third party and thus entitles any member of the group or family to file a claim with regard to his/her own participation in the package. These principles do not only apply with regard to the tour organizer but also with regard to a retailer or agent.

Michael Wukoschitz's picture

AIA: conference on ADR in the Aviation Sector and the sector of Tour Operators

The Association for International Arbitration (AIA) is holding a conference on ADR in the Aviation Sector and the sector of Tour Operators on June 24 in Brussels. The provisonal programme includes the following papers: