Covid 전후 독일 항공여행계약 관련 판례의 동향

On Feb. 12, 2020, the Croatian Council Presidency submitted a compromise proposal for the revision of the Air Passenger Rights Regulation. In addition, on December 2, 2019, the Council of the EU defined its position on the reform of passenger rights in rail transport following the insolvency of the Thomas Cook, the federal government decided to compensate travelers for any insolvency-related payment defaults, provided no reimbursement is made by a third party. Appeals are possible as part of the Zurich insurance on the limitation of liability in the amount of 110 million euros per financial year in accordance with Art. 651 r III 1 BGB. It can be assumed that this provision will be reformed soon. Finally, the recommendations of the VIII working group of the 58th German Traffic Court Day, are intended to strengthen safety and passenger rights on cruises. The Covid 19 pandemic poses considerable challenges for the travel industry. The local legislature reacted and passed a mitigation law, which came into force on July 31, 2020. Among other things, this amendment standardizes the voucher solution, according to which the tour operator may, under specified conditions, offer the customer a voucher as an alternative to reimbursement of the travel price paid. In this respect, the traveler has the right to choose. On June 10, 2020, the federal government presented the cornerstones of the new regulation of travel law insolvency protection, which includes a structural change in the system towards a fund model. It now remains to be seen how the amended insolvency protection will look. Time is of the essence, as changes from the current through countless insurance contracts are necessary. The economic situation also threatens that, especially with a view to Art. 651r I III 3 BGB, the questions of directive-compliant legal development and subsidiary state liability for breach of duty will become virulent. Since February 10, 2021, there has been a government draft on insolvency protection through travel insurance funds and on changing travel regulations. The Travel Insurance Fund Act is intended as a new main law - to create the prerequisites for future travel protection. A legal ordinance is intended to determine the point in time from which that person becomes the sole guarantor. It is already becoming apparent that the special status of micro-enterprises is causing controversy. As a result of the implementation of Art. 17 of the Package Travel Directive, Art. 651 I 2, IV BGB currently stipulates that the customer money guarantor must organize the accommodation of the travelers in the event of insolvency. According to the government draft, Art. 651r I 2 in interaction with v BGB nF the travel security fund for accommodation. The insurer and thus in particular the light of the system, it is therefore assumed, contrary to the prevailing teachings in S D51K IV BGB, that the organizer is obliged to also accommodate the traveler if return transport is temporarily impossible due to unavoidable, or extraordinary circumstances. If an insurer or, soon, a fund has an organizational obligation with regard to accommodation as a substitute player for the insolvent organizer, the latter, as the customer’s contractual partner, cannot simply claim reimbursement of costs. In the light of Air Namibia’s insolvency, the need to secure in Advance Fare Payments. Finally, a consensus was reached at the supranational level to modernize rail passenger rights. The reform aims to strengthen the rights of all rail passengers, especially those with disabilities or reduced mobility. In the future, operators will be exempted from paying compensation in certain circumstances such as extreme weather conditions or a pandemic.