Tour Operators

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

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:

Michael Wukoschitz's picture

Austrian Supreme Court: no setting off of advance payments against disputable debts from previous season

Plaintiff (a Russian tour operator) assigned defendant (an Austrian incoming agent) to make hotel bookings in Austria. In 2008 when bookings were made on the occasion of the European Football Championship, plaintiff cancelled some of the hotel reservations which led to a dispute over cancellation fees. Finally defendant cancelled some of the disputed invoices and issued a new invoice which plaintiff subsequently payed. Expressing satisfaction over this settlement, plaintiff remitted the requested advance payments for the 2009 winter season.

Michael Wukoschitz's picture

German Supreme Court: tour organizer can be liable for delayed train to airport in "Rail & Fly" packages

Plaintiff had booked a package with "Meier's Weltreisen". The package included air transport from Düsseldorf to the Dominican Republic and vice versa, hotel accomodation and all inclusive board. With regard to getting to the airport, plaintiff chose to book a rail ticket offered by Meier's Weltreisen in connection with the package, promoted "to avoid stress and traffic jams". Meier's Weltreisen recommended to choose a train connection which arrives at the airport at least 2 hrs before scheduled departure. Plaintiff's flight was scheduled for departure at 11:15.

Gianluca Rossoni's picture

Italy: new Tourism Code

Last 8th of October 2010, Ministry of Tourism presented a draft of a law called "Tourism Code".

Actually this draft is under the approval of Parliament Commissions and State Council.

The draft includes economic measures in favour of little tour operator and for the first time a proposal to rule expressly the "ruined holiday's damage" with some monetary parameters.

More updating will follow.



Michael Wukoschitz's picture

German Supreme Court: putting together a package doesn't necessarily turn the travel agent into a tour organizer

Plaintiff booked a combination of air travel and sea cruise and two hotel nights in Jamaica. The combination was put together individually by a travel agent, according to plaintiff's request. At the outward flight her luggage was left behind and only deliverd to her after the cruise was finished. She claimed for price reduction.

First instance court (Amtsgericht Frankfurt am Main) granted the claim. Upon appeal by defendant, the appelate court (Landgericht Frankfurt am Main) reversed the judgement and dismissed the claim.