Interesting Court Decision In Germany - Passenger does not need to fly last leg
Feb 11, 2019, 9:39 am
#47
Join Date: May 2010
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Passenger sued for 'dropping the last leg'
Not a BA story, but possibly of interest to BAEC members:
https://www.independent.co.uk/travel...-a8773371.html
https://www.independent.co.uk/travel...-a8773371.html
Feb 11, 2019, 9:43 am
#48
Join Date: Feb 2014
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It would be interesting to know the background on this. Whether for instance this was serial abuse of dropping the last sector.
It would be interesting to see what the original judgement in favour of the passenger stated and what the appeal conditions were.
It would be interesting to see what the original judgement in favour of the passenger stated and what the appeal conditions were.
Feb 11, 2019, 9:49 am
#49
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This is the appeal from the already discussed first instance decision Interesting Court Decision In Germany - Passenger does not need to fly last leg
Feb 11, 2019, 9:52 am
#50
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This is a very interesting case indeed, and very relevant to many on here.
Feb 11, 2019, 10:06 am
#51
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This is the appeal from the already discussed first instance decision Interesting Court Decision In Germany - Passenger does not need to fly last leg
Feb 11, 2019, 10:59 am
#52
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Interesting indeed. The defendant prevailed, not because the court disapproved of the hidden city ticketing conduct, but because LH could not explain the fare calculation proposed by LH as damages. Furthermore, it appears that there would have needed to be a ,means for the defendant / passenger to have known the new fare he would be required to pay should he have skipped the segment.
All of this means that LH will need to properly write its COC to cover what it really wants to do. Same for BA if it wishes to do this.
Most interesting is the willingness to sue an individual.
All of this means that LH will need to properly write its COC to cover what it really wants to do. Same for BA if it wishes to do this.
Most interesting is the willingness to sue an individual.
Feb 11, 2019, 11:17 am
#53
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Important to remember that this is not about xEU ticketing. It is about dropping, without cancelling, the last segment. This is thus a microcosm of a microcosm.
There is no contractual barrier, nor could there be, to xEU ticketing as it is commonly understood.
Fixing the problem LH encountered would likely require the ticketing carrier to recalculate at the prices in effect at the time of the ticket purchase. This would permit the individual to discern the cost of refaring by looking at the segment cost and adding a change fee. That might not be everything LH or some other carrier wants, but it would likely be enough to discourage the practice which, I suspect, is what LH wants.
There is no contractual barrier, nor could there be, to xEU ticketing as it is commonly understood.
Fixing the problem LH encountered would likely require the ticketing carrier to recalculate at the prices in effect at the time of the ticket purchase. This would permit the individual to discern the cost of refaring by looking at the segment cost and adding a change fee. That might not be everything LH or some other carrier wants, but it would likely be enough to discourage the practice which, I suspect, is what LH wants.
Feb 11, 2019, 11:37 am
#54
Join Date: Jul 2002
Posts: 3,642
Guessing the airline would not be obligated to track or otherwise share in the benefit of the no-show, such as standby fare income, IDB compensation avoided or upgrade sale?. The unoccupied seat does not go out empty in many/most cases and it's availability can allow accrual of some incremental income for the carrier.
Feb 11, 2019, 12:06 pm
#55
Join Date: Jul 2018
Posts: 1,281
Interesting indeed. The defendant prevailed, not because the court disapproved of the hidden city ticketing conduct, but because LH could not explain the fare calculation proposed by LH as damages. Furthermore, it appears that there would have needed to be a ,means for the defendant / passenger to have known the new fare he would be required to pay should he have skipped the segment.
All of this means that LH will need to properly write its COC to cover what it really wants to do. Same for BA if it wishes to do this.
Most interesting is the willingness to sue an individual.
All of this means that LH will need to properly write its COC to cover what it really wants to do. Same for BA if it wishes to do this.
Most interesting is the willingness to sue an individual.
As outlined in the General Conditions of Carriage, any non-compliant use [of the ticket] noticed on the day of travel may incur an additional fixed-rate fee at the airport for the amount of: €125 on short-haul flights (metropolitan France and Corsica), €250 for a medium-haul flight in the Economy cabin, €500 for a medium-haul flight in the Business cabin, €500 for a long-haul flight in the Economy or Premium Economy cabin, €1500 for a long-haul flight in the Business cabin and €3000 for a long-haul flight in the La Première cabin (or the equivalent in the local currency.)
Feb 11, 2019, 12:38 pm
#56
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I doubt that such wording would work in the case of a single event. "I wasn't feeling well and, to be on the safe side, decided not to board the last flight. After some resting a few hours, I felt better and travelled to my destination by other means".
Feb 11, 2019, 12:54 pm
#57
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Presumably in your situation, the fee would be claimable against one's travel insurance.
Feb 11, 2019, 12:54 pm
#58
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Many people who skip the last sector would have their stories demolished in five minutes flat if push ever came to shove. It may be a good thing for them that airlines have (so far) rarely shown any appetite for pushing.
Feb 11, 2019, 1:35 pm
#59
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I'll preface this by saying I'm not a lawyer and not versed in European contract law, but it appears when I'm buying an air ticket I'm buying an option to travel. The air carrier is obligated to carry me, but I am not obligated to travel any or all coupons of a ticket. I can't see why a story is needed at all, other than I didn't wish to travel. It's my option, not obligation to use all, some or none of the legs of an air ticket.
Feb 11, 2019, 1:40 pm
#60
Join Date: Jul 2018
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The problem with the plan above is that you might find yourself booking on the same airline you've just skipped a leg on (as was the case with the Lufthansa dude) and so they'd know when you really booked the ticket...