Originally Posted by
Flying Lawyer
Thanks for educting somebody who is in the real legal business for more than 20 years. Obviously his contract was governed by German law and German law does not require to educate your contractual counterpart on what he has to do to fulfill his contractual obligation. Such education might be called customer service, but not a "basic legal sentence".
You are welcome
The legal world is as diversified as the world it self, and even lawyers working for 50 years might learn new things everyday.
However, I dont know German law, but basic contractual principles based on Roman law I assume quite certainly are valid also in Germany. And you may have misread me. Im not talking about a general requirement to educate your counterpart, even with the present mis-balance between the parts. No, its more the plight of loyalty to find a solution where there becomes a dispute.
I still maintain the point of view that fulfilling a contract within its intentions, and loyally seeking this, even if its written or not, also unforeseen incidents, is a basic legal sentence
Originally Posted by
Flying Lawyer
Well, from what we read it was too heavy. I know from my own experience that in 99% of all cases my own hand luggage is too heave. A light Rimova Salsa board case weights 2.8 kg. So 3.2 kg is not an aweful lot and seriously I do not need a scale to identify an American with overweight hand luggage: Our cousins are really specialist in taking half of their household on board of a CJ200. And the OP does not really contest it.
Maybe it was too heavy. I certainly wont rule that out. But thats not proven in any single way, and absolutely not by the carrier. And even if so, its unlikely it would have still been when taking out the equipment he/they would be allowed to carry in addition to the one piece.
I will not repeat this key point again. We have freedom of (mis)belief.
Originally Posted by
Flying Lawyer
Luftfahrtbundesamt is a regulatory body and they might punish an airline. However, they will not help you to enforce your claims.
Thanks. This is regulated slightly different in all EU countries. I think its now an EU requirement that all countries within some timeframe establish such a body to handle claims. And when not present, then regular court, or any SCC equivalent would be needed. If this is the case with Germany, there is a cost/risk involved. Its not in a few countries I researched.
Originally Posted by
Flying Lawyer
So you need to take the carrier to court and you need to make evidence that your hand luggage was within the allowed specifications. Rules say, you are allowed 6 kg of hand luggage only. So if you want your handluggage transported free of charge, make evidence that it is within the limits. You want something, you need to make evidence. Law school, first year.
The carrier claims breach of contract (luggage too heavy). Law school, first year, second semester.
Carrier refuses IDP compensation. Burden of proof. EU-law. Law school, second year