Traveler’s Rights  at Almost Plane Crash

The Federal Court of Justice in Karlsruhe has strengthened the rights of travelers in the event of an almost plane crash when returning from a booked package tour (re X ZR 93/07 of July 15, 2008).


Ann and Arnie booked a two week vacation in Antalya for € 1,100. During their return flight, the plane tailspinned, that they feared for their life. A door almost opened and the stewards and stewardesses barely managed to keep the door shut and locked.  The plane had to force a landing in Istanbul. The carrier denied the drama and only spoke of some “technical problems”. Therefore they only paid € 280 on damages for the late return. The couple demanded the full price to be returned. Generally, you are eligible to have the whole price of the travel refunded, when the recovery effect of a vacation has been deteriorated. In this case, the “dramatic” event was not proven so that the BGH remit to the lower court, LG Duisburg, to try if the couple can prove the facts of the dramatic incident. Following the ratio of the court’s decision, you can normally only reduce the journey’s price for the period when your vacation is spoiled due to bad food, vermins. In engrave cases, like in the alleged almost crash, the total recovery fact of a vacation can be nulled.

Published on the old CMS: 2008/8/3
Read on the old CMS till November 2008: 2,085 reads

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