Originally Posted by Flying Lawyer
Sorry guys, but this becomes bizzare. I already experience certain difficulties in getting such ticket ex Tripolis under German law. And the decisions of AG Köln I read were not based on academic thoughts but on equity. And it is certainly against equity if I buy a ticket DUS - TXL - DUS and miss the last segment and they charge me extra just because I missed that segment.
But your case is different You buy a ticket out of Tripolis, never go to Tripolis but try to board in FRA with a cheap ex-Tripolis ticket. And LH denies boarding. You will never ever convince a German court that this is an act against equity but a perfect reaction against abusive behaviour. So: if you want to take advantage of ex-Tripolis fares, go to Tripolis.
By the way: German law is not aware of a "Werksvertrag" as you constantly write but only of a "Werkvertrag".
Cheers
T.
Thank you for correcting my spelling, for sure it is a " WERKVERTRAG ".
Well what kind of equity is it, that airlines sell such tickets, and later argue they lost money if I only use a part of my ticket ?
It is not the case that LH or any other airline denied boarding, but a specific airline tried a adjustment charge, later when all flights where completed. I sugested to bring that to court, but the airline never did it.
. And I think I know why. They not want to risk a lawsuit like this, because they fear that their unjust tariffs then not longer held here.
And please what is the difference in eyuity between taking a flight ex TIP or HAM - MUC - HAM cheapy. You use the cheaper fare only because the fare for the segment you really need is more expensive. That´s all more or less the same. For the court it doesn´t matter if you don´t use the last segment or the first or any out beetween, or if the origin is in Germany or not. Fact is that one has paid for an achievement and only use a part of it.
Concrete example see my edited posting above.