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

2. The Package Travel Perspective „The man who never got to Mali“
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. The Montreal Perspective „Frozen Antarctica Dreams“
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
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. „It's a long Way to Perth“
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)