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Case Details

Case Details
National ID link
Member State France
Common Name link
Decision type Other
Decision date 15/11/2010
Court Cour de Cassation (Supreme court)
Subject
Plaintiff
Defendant
Keywords

Package Travel Directive, Article 5, 1. Distance Selling Directive, Article 7, 1.

Under a distance selling contract, the business is liable to the buyer for the correct per-formance of the obligations resulting from the dis-tance contract, whether the obligations are to be performed by the business itself or by other service providers.
Mrs x and Mr y bought plane tickets from the online travel agents Go voyages for flights from Salvador de Bahia to Brasilia and from Brasilia to Belem with the Brazilian airline company Varig as well as flights from Belem to Pointe-à-Pitre with the airline company Air Caraïbes. Go voyages informed Mrs x and Mr y that the flight from Salvador de Ba-hia to Brasilia had been cancelled by Varig and that it would be ensured by the company TAM which then refused boarding to the passengers due to overbooking. Mrs x and Mr y brought a claim against Go voyages, the online travel agents, for damages suffered as a result of being refused boarding.
According to the Cour de cassation, the business is liable to the buyer for the correct per-formance of the obligations resulting from the distance contract, whether the obligations are to be performed by the business itself or by other service providers.
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