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Recent travel law decisions in Estonian law

Recent travel law decisions in Estonian law. Dr. Triin Uusen-Nacke Supreme Court of Estonia. Law of Obligations Act (LOA) from 2002 Intergrates The Package Travel Directive ( BGB-Reisevertrag ; BGB-InfoV ) Contract for the carrige of passengers

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Recent travel law decisions in Estonian law

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  1. RecenttravellawdecisionsinEstonianlaw Dr. Triin Uusen-Nacke SupremeCourtof Estonia

  2. LawofObligationsAct (LOA) from 2002 Intergrates • ThePackageTravelDirective • (BGB-Reisevertrag; BGB-InfoV) • Contractforthecarrigeofpassengers • (DutchCivilCode, Personenbeförderungsgesetz) Dr. Triin Uusen-Nacke, Supreme Court of Estonia

  3. Aircraftaccident on 2001 November 2001 • DecisionoftheEstonianSupremeCourtof 25 May 2005 , No 3-2-1-51-05: • “claims arising from the damage caused by the domestic carriage by air are regulated by the international Convention; other statutory provisions are applicable only in so far as the obligation to compensate is left unregulated by the conventions” Dr. Triin Uusen-Nacke, Supreme Court of Estonia

  4. PackettravelcontractinEstonianlaw • Applicationareaiswider • The term “touroperator” iswider • Deliveringtimefromtravelconfirmation • Informingobligation • Pricerevision Dr. Triin Uusen-Nacke, Supreme Court of Estonia

  5. Remedy • relationship between general part of LOA and regulations of packet travel contract • compensation of the non-proprietary damage • no special provisions for the expiration Dr. Triin Uusen-Nacke, Supreme Court of Estonia

  6. ConsumerComplaintsComittee • Settling disputes • Atleastthreemembers, oneofthemrepresentativeoftheprofessionalassociationfromsamefieldofactivitiy • Decisions are notbindingfor a trader- veryseldomnotfulfilled Dr. Triin Uusen-Nacke, Supreme Court of Estonia

  7. Thepartiesreachtoanagreement • Committee has applied the provisions of the package travel contract, as well as the regulation established common rules on compensation and assistance to passengers Dr. Triin Uusen-Nacke, Supreme Court of Estonia

  8. Committee 2009: “the user of standard terms follows the standard terms, established by itself, and does not require more from the other party than prescribed in the standard terms” “the dispute should be settled on the basis of the legislation valid in Estonia, as the international conventions do not anticipate the claims of compensation the flight in case of delay” Dr. Triin Uusen-Nacke, Supreme Court of Estonia

  9. Courtofappealin Tallinn 2007: “the fact that in the general conditions of the defendant there is no separate responsibility of the tour operator in case of the damage or loss of the luggage, is not a circumstance to release from responsibility” Dr. Triin Uusen-Nacke, Supreme Court of Estonia

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