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Vacation refunds: German high court ruling puts packagers on the hook for plane crashes, emergency landings
Now here is one court ruling that pretty much any traveler could get behind.According to the German news weekly Die Zeit, Germany's Supreme Court, the Bundesgerichtshof, recently ruled that airline passengers traveling home from a holiday are entitled to a full refund of the cost of their trip if their plane crashes or comes close enough to crashing to have caused passengers fear and stress -- thus ruining the relaxation won on said vacation.
Obviously if a plane crashes, more than likely there won't be many refunds to hand out. But it's the latter condition that is interesting here.
I'm not talking a refund of airfare. I'm talking a refund of everything that was spent on the holiday. Many German tourists book vacations through packages that include airfare, so this means they'd be entitled to a refund of the entire package.
Now, a court in the town of Duisburg must decide whether this ruling from the high court has any bearing on a case it is currently hearing involving a German couple whose plane home from Turkey had to make an emergency landing in Istanbul three years ago.
The couple's plane malfunctioned shortly after taking off from Antalya. The couple says the plane's door almost opened, pieces of the cabin's ceiling starting coming down and the plane had to do a corkscrew landing in Istanbul.
The couple was on a two week Turkish vacation -- some say Turkey is Germany's 17th state -- from a German packager called Alltours.
Alltours gave the couple around $430 for the delay they suffered. The couple sued for their entire package to be refunded, saying they lost all the peace and rest they'd built up during their two weeks by the pool.
The Duisburg court must decide whether the couple really thought they were going to die, which could bring the matter in line with the high court's ruling.
But there are a few questions that go unanswered in the article, including why the high court bothered to rule on this in the first place. Had another lawsuit like this reached it? And also, isn't this a stupid ruling? I mean, what if the packager was from the U.S. or U.K.? Can a German court compel a foreign company to pay up?
What if you weren't on a package, and didn't keep receipts?
However, it's a nice thought, isn't it? Imagine coming home from the Caribbean or Disney or what have you, hitting unusually bad turbulence, maybe even making an emergency landing of sufficient drama and getting the cost of your vacation refunded because you now feel, you tell people, so frazzled it's like you never went on vacation at all!
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Reader Comments (Page 1 of 1)
Brenda Jul 16th 2008 6:21PM
Hmmm...interesting... however given the international nature of the travel business, particularly with different vendors, operators and suppliers in various countries, operating within one tour package, I would think that the international litigation involved would make it far too complicated (and expensive) to pursue such a case...now, if some entrepreneur wanted to undertake underwriting a travel insurance policy that covers post traumatic stress disorder due to travel experience,- that might reimburse the traveler, but they would have to be medically certified as suffering from the PTS disorder!
Mario Jul 21st 2008 1:57AM
I think it's scarry that air planes fly too high and don't travel too fast considering that they have several jet engines. PTS should be evaluated by a medical professional. I think prices are too high. Almost as high as airplanes fly and are climbing just as fast as they travel. I like tea. I think airports are noisy and have germs from other countries that don't like us.
Alan Bowen Jul 17th 2008 8:32AM
This looks like an effective use of the Package Travel Directive of 1990 which applies to all packages sold in any of the 27 countries of the EU. The consumer takes the legal action against the organiser of the package, in their home territory even if the problem is caused by an overseas supplier such as an airline or hotel.
In the UK claims are usually related to food poisoning at hotels or falling in bathrooms but you have to establish that the supplier was at fault in some way, hitting unexpected turbulence would not give you a right to claim but having said that I am defending a claim by a UK resident who was overcharged $10 in a hotel in the Bahamas, the charges were refunded in 24 hours but the customer has sued for $3500 compensation for 'distress', makes you weep doesn't it!
Brenda Jul 17th 2008 9:54AM
LOL...Wow! :)
John Jul 20th 2008 8:34PM
The pilet lite went out on a gass driar in my cabin.
Will that count
Gary Jul 20th 2008 9:53PM
Refund your ticket money after the plane crashes and you're dead? This post will cover "the worst seat on a plane" blog from couple days ago: The worst seat in a plane is behind a handicapped person. When seconds/moments can spell the difference between life and death when evacuating the plane, I won't be behind someone who needs the help of others just to move! And why, pray tell, do they always seat these cripples right next to the emergency exit doors?
Brenda Jul 20th 2008 11:36PM
I understand your concern in sitting behind a "crippled" person if/when an emergency exit is necessary. However, if the plane crashes & you are dead, will it really matter Where you are sitting? And, if the plane crash is more of an emergency landing and not a total crash, wouldn't it make sense to have a "crippled" person right next to the emergency exit so they can "get out of the way" of those more able bodied people? Your lack of compassion for those less fortunate than you is really sad.
retired 777 capt Jul 20th 2008 11:57PM
more nonesense...the airline pilots (67,000 in north america) need to go out on strike and leave dufus passengers and their lawyers on the curb.
Ed Jul 21st 2008 12:05AM
This would never happen with american business. People would get zip, nada, nothing.
American courts would side with business.
gary Jul 21st 2008 2:41AM
I think this course of action could open a whole new can of legal worms. Do you have to survive to collect ? If you do not survive can your survivors get the refund ? If you accept this payment will it negage you from suing the airlines for the crash, injuries, death, and emotional stress ?
bob Jul 21st 2008 5:47AM
seems like this ruling puts a cap on airline payouts. Scare the teetotaled s--- out of you, you get your vacation money back. Then you die of a heart attack 30 days later. But you have been paid. amen