by Jan Bartholl (lawyer for travel and air traffic rights) August 2008 (Ko) – the Federal Supreme Court has in a ruling by July 15, 2008 (file No.: X ZR 93/07) considerably strengthened the rights of package travellers. A couple flew in the frame of an airplane of the travel organiser Alltours flight travel GmbH in Turkey. The holiday was easily and without to be determined travel defects. On the return flight from Antalya to Cologne-Bonn on 8 October 2005 with the Turkish airline MNG the airplane with 257 passengers on board in Istanbul had to make an emergency landing. The airline claimed that it had been by no means an emergency landing and not to technical defects. ‘Commercial reasons’ had tipped the scales for the decision of the stopover.

That this was an advanced excuse, guess the fact suggests that the Airbus throughout the flight very strongly in the pitching came and upon landing in Istanbul the entire Airport Fire Department expected the machine. After the passengers refused, he once again on board Walking machine, they were finally flown after the unscheduled landing with a replacement machine to Cologne-Bonn airport. Alltours spoke of mere technical problems and the customers paid 280 euro due to the delay and delay of the return flight. The couple however reclaimed the whole travel price. It argued that both during the emergency landing had great fear and that the entire holiday recreation was spoiled and been thwarted by the daunting trip.

The journey would have more had no vacation and recreational value. The District Court Duisburg said only a low value of reduction in height from about 80 euros and only pro rata for the last day of the holiday to the tourists. The Court justified the decision saying that the holiday would have been otherwise without any defects such as advertised and booked.