FlyerTalk Forums - View Single Post - LH Gave away my suit coat and promised to reimburse-Now they won't...
Old Mar 4, 2019, 1:51 am
  #25  
Nick Art
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Join Date: Feb 2018
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Originally Posted by Flying Lawyer


This is fortunately not what the Schwizer Obligationenrecht says. If you were correct there would be no need for Prokuristen and Handlungsbevollmächtigte. A flight attendent has fortunately no what so ever statutory PoA under relevant German law (and only this is applicable if it comes to representation of a German Corporate) and very limited contractual PoA.
To clarify: I'm not talking about the normal "proffessional" business of making contracts (i.e. for example ordering airplanes) and I am quite aware that to make contracts of such magnituted you need a person with the rights of the firm to do so. I'm talking about the contracts a firm like Lufthansa makes with a consumer: Like an upgrade buy up where the MdC offers an upgrade for like 1000$ to a pax (which is a contract) or an agent at a check-in desk that or an agent at the gate doing the same or other things of which most interactions are contracts (i.e we pay you 250$ to take a later flight, this would certainly qualify as a contract).
The rule I was referring to goes into consumer protection, where a person makes a contract with an employee of a firm and the firm later decides to backtrack based on the explanation that said employee had no rights to make such a contract. As mentioned above it'd have to be a reasonable (for example the employee offers the consumer 250$ to take a later flight, the airline later decides to not pay out). In that case a court ruling would probably favor the consumer as he had no reason to believe the employee was overstepping in offering this.
As if an employee offers you to buy lufthansa group for 100$ it's probably fairly obvious that they are overstepping their boundaries...

I currently don't have time to search the file on which I am basing my argument on, but will do so later.


In the case of OP I'm not even sure the promise of reimbursement can be qualified as a contract.
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