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Tour operator liability for accidents A comparison of Austrian, German and UK cases

Tour operator liability for accidents A comparison of Austrian, German and UK cases. Michael Wukoschitz Austria. Regulation 90/134/EC. Article 5

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Tour operator liability for accidents A comparison of Austrian, German and UK cases

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  1. Tour operator liability for accidentsA comparison of Austrian, German and UK cases Michael Wukoschitz Austria

  2. Regulation 90/134/EC Article 5 1. Member States shall take the necessary steps to ensure that the organizer and/or retailer party to the contract is liable to the consumer for the proper performance of the obligations arising from the contract, irrespective of whether such obligations are to be performed by that organizer and/or retailer or by other suppliers of services without prejudice to the right of the organizer and/or retailer to pursue those other suppliers of services. .

  3. 2. With regard to the damage resulting for the consumer from the failure to perform or the improper performance of the contract, Member States shall take the necessary steps to ensure that the organizer and/or retailer is/are liable unless such failure to perform or improper performance is attributable neither to any fault of theirs nor to that of another supplier of services, because: - the failures which occur in the performance of the contract are attributable to the consumer, - such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable, - such failures are due to a case of force majeure such as that defined in Article 4 (6), second subparagraph (ii), or to an event which the organizer and/or retailer or the supplier of services, even with all due care, could not foresee or forestall.

  4. Major Problems • applicable standards • duty of care v. personal responsibility • local trips

  5. Applicable Standards

  6. Austria • 5 Ob 108/05a – hotel stair • 4 Ob 211/07v - glass door • HG Wien 1 R 18/03 - parasol

  7. Germany • X ZR 142/05 – water slide • X ZR 44/04 – glass door • OLG Karlsruhe 7 U 73/06 – bunk bed

  8. UK • Brown v. Mytravel – plastic bag on hotel corridor • McCormick v. Mytravel – glass door • Drabble v. Sunstar Leisure – glass partition

  9. Duty of care v. personal responsibility

  10. Austria • 6 Ob 253/99w – Melk case • 6 Ob 164/05v – candle lit trail

  11. Germany • OLG Düsseldorf I-12 U 49/04 – water polo • LG Duisburg 4 O 228/04 – wet floor

  12. UK • Potter v. TUI UK Ltd – tennis court • Evans v. Kosmar Village Holidays – pool diving

  13. Local Trips

  14. Austria • 7 Ob 524/93 – Jeep-Safari • HG Wien 1 R 603/99v – city tour

  15. Germany • LG Frankfurt/Main 2-19 O 516/03 – Safari Trip • LG Frankfurt/Main 2/24 S 218/08 – Vulcano Trip

  16. Many thanks for your attention!

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