FlyerTalk Forums - View Single Post - Interesting Court Decision In Germany - Passenger does not need to fly last leg
Old Dec 14, 2018, 1:54 am
  #45  
hsmall
 
Join Date: Aug 2007
Location: London, United Kingdom
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Originally Posted by subject2load


I’m not so sure that it would be so simple as that - whether for Lufthansa or any other carrier. Some sort of update/revision could indeed prove to be a solution - but perhaps only a temporary one, until such time as it is challenged again.

My knowledge of German law is marginally less than zero. But certainly in the UK, where we have an Unfair Terms Contract Act, it has been shown that, whilst an organisation can incorporate (pretty much) whatever it chooses into its consumer T&C’s, it cannot necessarily rely on all aspects of those being upheld in a Court. On numerous occasions, judges have ruled that certain dubious T&C’s are not binding upon a customer who feels adversely affected. I seem to remember a case (amongst many) of a large tour operator being satisfied with itself for including small print to the effect that if it changed pre-booked, confirmed, hotel accommodation, at the last minute to another, inferior, property then then the customer just had to suck it up. But damages were awarded, if I have my facts right. Happy to be corrected.

It will be interesting to see how this scenario pans out in the coming months / years. Yes, the decisions do seemingly apply only to Spain and Germany respectively. But nor would I say it’s impossible to imagine other countries going down a similar path.





Just for the record. The Unfair Contract Terms Act 1977 now in effect only applies to B2B contracts. Unfair terms in consumer contracts are governed by the Consumer Rights Act 2015, which is implementing EU legislation so the rights should in theory (like the GDPR ) be the same across the EU (including us in the transition period if there is one). That doesn't make a German lower court judgement on a different set of terms a precedent for how BA's terms would be interpreted though.
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