Posts tagged #cancellation
All PostsAirline Required to Refund Commission after Cancelling Flight
European LawThe European Court of Justice (ECJ) has issued a decision regarding whether travel agencies should be reimbursed for commissions on flights that are cancelled. In the case at hand, multiple travellers had acquired return flight tickets from Austria t...
GER: Passenger Rights – Precautionary Cancellations Allowed
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, BGH) has ruled that airlines must be given some leeway in assessing what constitutes an appropriate measure in the event of extreme weather conditions. A causal link between an extraordinary cir...
Insolvent Tour Operators: CJEU Strengthens Travellers’ Rights
European LawThe Court of Justice of the European Union (CJEU) has clarified whether or not travellers are entitled to the reimbursement of payments already made to an insolvent tour operator if the claim for reimbursement arose before the opening of the insolven...
GER: Bundesgerichtshof on Cancellation of Insurance Contracts
Civil LawConsumers do not have the right to cancel insurance contracts concluded away from business premises. According to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), there is no obligation for Germany under EU law to provide for...
OGH: Benefits Claim Takes Priority over Declaratory Relief
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) as clarified that a claim for declaratory relief regarding a different agreement in a unit-linked life insurance policy is not permissible if the repayment of premiums could already h...
OGH on Insurance Interest: Watch What You Claim!
Civil LawSubsequent invalidity of contractual clauses is precluded by withdrawal from a contract. This was clarified by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) in connection with a consumer’s late withdrawal from a life insurance po...
ECJ Ruling on Reimbursement for Cancelled Flights
European LawThe European Court of Justice (hereinafter ECJ) has recently ruled on the question of if a passenger who has already received a voucher for the cost of an air ticket due to a cancelled flight can still claim a financial refund. A passenger had a book...
OGH: Withdrawal from Distance Purchases
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified when the right of withdrawal under Section 11f of the Austrian Distance Selling and Foreign Trade Act (Fernabsatz- und Auswärtsgeschäftegesetz, hereinafter FAGG) is cons...
Supreme Court on Terminating Caretaker Contracts
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with terminating a caretaker contract, ruling that landlords can only terminate such contracts for serious reasons if the caretaker is entitled to employee housing. The plaintif...
ECJ: Compensation after Denied Boarding
European LawPassengers are entitled to compensation under the Air Passenger Rights Regulation (Regulation 261/2004) if the airline denies them boarding on a return flight, even if they do not arrive at the airport on time. This has recently been decided by, amon...
Air Passenger Rights: Dead Pilot an ‘Extraordinary Circumstance’?
European LawThe Advocate General of the European Court of Justice (ECJ) has given her opinion on the question of whether the sudden death of a pilot constitutes an ‘extraordinary circumstance’ within the meaning of the Air Passenger Rights Regulation. A TAP Port...
DE: ECJ Decision – Do Late Flight Arrivals Constitute Cancellation?
European LawThe Court of Justice of the European Union (ECJ) must currently decide by way of preliminary ruling to what extent compensation under the EU Passenger Rights Regulation requires a passenger’s appearance at check-in in cases where passengers know that...
OGH: Cancellation of continued commission payment immoral
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) decided that the contractual cancellation of the continuation of commission payments for commercial agents who are not “employee-like” can be immoral. The plaintiff was a self-employed commercial...
ECJ: Flight brought forward by more than 1h is considered cancelled
European LawAccording to the European Court of Justice (ECJ), a flight is already considered cancelled if it is brought forward by more than one hour. The ECJ also ruled on the question of when and how an airline informed passengers in good time of the schedulin...
ECJ on cancelled flights: Airline is not liable for injuries of passengers staying in hotels provided free of charge
European LawThe ECJ dealt with the question of what kind of obligation an airline has when providing hotel accommodation to guests of cancelled flights. In the present case, the flight of a passenger with reduced mobility (plaintiff) of the airline NIKI was canc...
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