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IFTTA Europe 2012 Of Missed Connecting Flights

IFTTA Europe 2012 Of Missed Connecting Flights. Michael Wukoschitz Austria. Case 1. The Package Travel Perspective or „The man who never got to Mali“. Facts. Package Trip to Mali (Guided Round Tour with tent accomodation)

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IFTTA Europe 2012 Of Missed Connecting Flights

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  1. IFTTA Europe 2012Of Missed Connecting Flights Michael Wukoschitz Austria

  2. Case 1 The Package Travel Perspective or „The man who never got to Mali“

  3. Facts • Package Trip to Mali (Guided Round Tour with tent accomodation) • flight from MUC via CDG to BKO booked as part of the package but without particular guidelines by organizer • Travel agency booked connection with 2 hrs connecting time in CDG • Organizer warned that this could be too tight, no guarantee to catch connecting flight • Travel agent checked minimum connceting time in CDG (45 mins) and decided to keep connection as booked without passing warning to the consumer

  4. Facts (continued) • MUC-CDG delayed because of snow • no chance to catch connecting flight at CDG • journey discontinued because organizer not available for assistance • law suit against tour organizer for refund of package prize, damages including loss of holiday enjoyment

  5. Legal issues • information obligations? • liability for optional elements of the package? • liability for failure of agent? • liability for failure to provide assistance?

  6. Judgement(BG Neumarkt b. Salzburg, 2 C 396/06s) • claim widely granted • travel agency agent of organizer – liability • failure to provide assistance

  7. Case 2 The Montreal Perspective or „Frozen Antarctica Dreams“

  8. Facts • Antarctica Cruise booked with Argentinian Organizer • flights booked separately with LH (VIE-FRA-EZE) • light snowfall, forecast known since evening before • flight VIE-FRA delayed >2 hrs, because of snow and slush on runways and waiting time at de-icing devices • FRA-EZE and cruise missed • damages EUR 30.000 • Law suit against LH and Vienna Airport

  9. Legal issues • insufficient and delayed snow clearing action by airport? • insufficient number of de-icing devices? • could delay have been avoided by using different type of aircraft? • liability of LH pursuant to Art. 19 Montreal? • liability of airport – contract?

  10. Judgement(LG Korneuburg 2 Cg 109/10w; appeal pending) • claim dismissed • LH not liable for delayed start caused by snowfall • LH not responsible for clearing of runways • no contractual relation between Pax and airport

  11. Case 3 The 261 Perspective or „It's a long Way to Perth“

  12. Facts • Pax booked flight LNZ-FRA-HKG-PER with CP, LNZ-FRA to be operated by LH • LNZ-FRA cancelled by LH, Pax rebooked to later feeder flight • Alternative feeder flight delayed, connecting flight FRA-HKG missed • Pax rebooked to flight connection on the following day – arrival in PER with delay of 24 hrs • Law suit against CP for compensation under Reg. 261/2004

  13. Legal issues • what is the „flight“? • liability of CP for cancellation and/or delay of flights operated by LH? • compensation for cancelled feeder flight and/or delayed feeder fligth? • additional compensation for missed connecting flight?

  14. Judgement(LG Linz 14 R 120/10f) • claim dismissed • CPA not liable for flights operated by LH • claim against LH only for delayed flight as alternative transportation for cancelled flight had been provided • no compensation for rebooked long haul flight (no denied boarding or cancellation)

  15. Life is under no obligation to give us what we expect (Margaret Mitchell, American author)

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