Of course, the daily handling of mandates in the transport business also includes the assertion of compensation and compensation claims of the traveling consumer against airlines. The aviation sector of the European Union has changed considerably in recent years. However, the changes in the aviation industry should not lead to a deterioration in the quality of service. Due to the large number of low-cost airlines, however, the shortcomings in the passenger transport pile up. Standing by the agenda
For package holidays, it is often advisable to use the airlines directly instead of the tour operator. Since the courts, and in particular the ECJ, are increasingly making consumer-friendly decisions, it has been possible, in court, to successfully claim compensation for the clients that is not insignificant.
An air transport contract is basically a service contract to which, if closed in Germany, the regulations of §§ 631 ff. BGB apply. However, these are overlaid by numerous special provisions, some of which are contained in international conventions (Warsaw Convention, Montreal Convention), in Community law (Regulation 889/2002 on air carrier liability, Regulation on passenger transport law EC-VO 261/2004) and in other national regulations (in Germany for example in the Aviation Act).
Again and again it happens that clients after completing a package holiday due to deficiencies in the flight area visit our office and ask for their claims against the tour operator. Claims against the tour operator always raise the question of which duties the travel organizer may have violated from the travel contract. We clarify the client to the effect that in the most common cases he also has a direct claim against the airline. In particular from the regulation on passenger rights, compensation claims of the traveling consumer, which must be asserted without problems, arise as claims of the traveler vis-à-vis the tour operator from travel law. These circumstances are often overlooked.
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