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Rights of passengers: practical analysis of the decisions of Spanish Courts of Justice ANTONIA PANIZA FULLANA Doctor of Law Civil Law Professor at University.

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Presentation on theme: "Rights of passengers: practical analysis of the decisions of Spanish Courts of Justice ANTONIA PANIZA FULLANA Doctor of Law Civil Law Professor at University."— Presentation transcript:

1 Rights of passengers: practical analysis of the decisions of Spanish Courts of Justice ANTONIA PANIZA FULLANA Doctor of Law Civil Law Professor at University of Balearic Islands

2 IFTTA 2007 University of Balearic Islands INTRODUCTION  Different problems which have been resolved by Spanish Courts of Justice.  Travel agency and its liability  Passenger protection as a consumer: Duty to inform Unfair terms

3 IFTTA 2007 University of Balearic Islands Introduction PASSENGER TRAVEL AGENCY TRAVEL PACKAGE AIR CARRIER

4 IFTTA 2007 University of Balearic Islands The problem and its solution Obligations of the different contracting parties Different situations Different liability

5 IFTTA 2007 University of Balearic Islands Regulation  Package Travel Regulation (1995, July 6th)  Consumer Protection Act (1984, July 19th)  Regulation nº 261/2004 of the European Parliament and of the Council of 11 february 2004  Article 1101 Civil Code

6 IFTTA 2007 University of Balearic Islands Air travel as a part of a package holiday  Art. 3.6 Regulation (EC) Nº 261/2004: “This Regulation shall not affect the rights of passengers under Directive 90/314/EEC. This Regulation shall not apply in cases where a package tour is cancelled for reasons other than cancellation of the flight”

7 IFTTA 2007 University of Balearic Islands Duty to inform  In general: passengers should be fully informed of their rights  Information about visa:  SAP of Navarra 2004, november 8th: Only flight/not package travel Travel agency liability: no information about a conecting flight in San Juan, Puerto Rico. The passenger has not visa. But, NOT compensation: no proof the damages

8 IFTTA 2007 University of Balearic Islands Duty to inform and travel agency - SAP of Barcelona 2004, november 25th: Duty to inform was not complete: Passengers need visa to go to Kiev Material damages: the price of the ticket, but No moral damages: no proof

9 IFTTA 2007 University of Balearic Islands Duty to inform and travel agency  SAP of Baleares 2006, february 10th: package travel Flight Madrid-Marrakech Travel agency has not inform that visa was required Liability: Retailer and consumer (50% comparative negligence) Moral damages: not 2000 euros/900euros

10 IFTTA 2007 University of Balearic Islands SAP of Barcelona 2004, september 28th - Airlines computer problem - Package travel - Airline is responsible of this problem - Liability: article 11 Package Travel Act - Compensation: the price of the tickets to come back to Barcelona (266,47 euros)

11 IFTTA 2007 University of Balearic Islands Unfair terms  SAP of Madrid 2005, september 15th: unfair term in the ticket flight: long delays - Unfair terms: “A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer”. (Art. 3 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts). - Art.10 bis Consumer Protection Act

12 IFTTA 2007 University of Balearic Islands Delay of flights  S. J. Mercantil (Bilbao) 2007, march 26th Flight Barcelona-Buenos Aires/but flight conection to Madrid (no information) + delay Liability: Airline: Art. 1101 Civil Code and arts. 25, 26, 27 and 28 of the Consumer Protection Act. Moral damages: 300 euros  SAP of Valencia 2006, february 22nd: Flight delayed Package travel Problem: liability retailer/organiser Compensation: 98,50 euros (damages caused by the delay of the flight)

13 IFTTA 2007 University of Balearic Islands Delay of flights  S.J. Mercantil Bizkaia 2005, december 7th  SAP of Cantabria 2005, june 27th Loss of the flight connection No information about the change of the boarding gate. Airline Liability: Article 1101 Civil Code Material and moral damages

14 IFTTA 2007 University of Balearic Islands Damage or loss of baggage  SAP of Valencia 2006, february 27th Loss of baggage (2 and 4 days) Liability: Airline Material damages Moral damages  SAP of Tarragona 2006, november 2nd.

15 IFTTA 2007 University of Balearic Islands Tourism and damages  STS 2005, October 11th: terrorism attack to Spanish tourist in Egypt: Package travel Liability: Organiser and retailer/ but the situation in this country must be known by the tourist No inevitable accident: art. 1105 Civil Code

16 IFTTA 2007 University of Balearic Islands CONCLUSIONS  DUTY TO INFORM Package Holiday Act: Art. 3 (previous information), 4 (contractual information), 6 (post contractual information). Consumer Protection Act: Art. 13 (general information). Regulation (EC) Nº 261/2004: Art. 14

17 IFTTA 2007 University of Balearic Islands CONCLUSIONS  UNFAIR TERMS: General Terms Act and Consumer Protection Act.  LIABILITY: Art. 25, 26, 27, 28 Consumer Protection Act Art. 11 Package Travel Law: organiser or retailer Art. 1101 Civil Code

18 IFTTA 2007 University of Balearic Islands CONCLUSIONS  Quantity of compensations: Proof of the damage Material damages Moral damages

19 Rights of passengers: practical analysis of the decisions of Spanish Courts of Justice ANTONIA PANIZA FULLANA Doctor of Law Civil Law Professor at University of Balearic Islands


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