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Shenzhen Special Zone Daily reporter Wu Tao
Xiao Hou away studying in Canada due to flight delays and then hit the transfer of air traffic control,golden goose, missed flights from Beijing to Toronto, Canada, after staying a week in Beijing rushed to the school, because of late not assigned to dormitories, forced to renting expensive. To this end, he returned to Shenzhen after winter vacation this year, a paper petition Shenzhen Airlines Co., Ltd. (Shenzhen Airlines) court. Bao'an District of Shenzhen Airlines's Court Xiao Hou 5400 yuan compensation. Shenzhen Airlines appealed, City Intermediate People's Court of second instance before the hearing.
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Students: flight delays result in missed school rental fee increase
21-year-old Xiao Hou in Canada to study in a university, in March 2009, he was booked by Air Canada Toronto Flights from Beijing, which Beijing has booked a ticket to fly back to Toronto time at 18:00 on September 2,hogan uomo outlet, 2009 whole. Back to Shenzhen, he booked a flight to Shenzhen at 12:00 on September 2nd, 2009 from Shenzhen to Beijing flights. The same day, Xiao Hou rushed to the airport early in the morning until checked luggage, only that the purpose of his flight has been canceled due to mechanical failure, then quickly go through the formalities Meal, switch to 1:00 flight to Beijing. Who wants this flight because of air traffic control 14:40 took off, causing Xiao Hou eventually missed the flight from Beijing to Toronto. He was informed by Air Canada query, Beijing flights to Canada until September 26 to have a seat,hogan interactive, but his school on September 6, time constraints tight, can not delay waiting, he had lived in the vicinity of the airport,asics gt 2000 femme, go every day Query whether the airport to Toronto refund, but 7 of the world to have no results. Later, at the airport, help him on September 8 from Beijing to Hong Kong, take flight on Sept. 9 from Hong Kong to Toronto, rushed to the school location Moncton. On arrival,d&g bracelets, because of late are not eligible for school dormitories, off-campus rent, costs are significantly increased.
Xiao Hou returned to Shenzhen after winter vacation this year, the Shenzhen Airlines to court, requesting an order the defendant to compensate the plaintiff actual economic losses 18,061 yuan.
Shenzhen Airlines: flights canceled due to mechanical problems
When the case first instance, the respondent Shenzhen Airlines said the company conducted because the security of aircraft pre-flight check and found that mechanical failure promptly notify the plaintiff flight cancellation information, and explained the work. Since the plaintiff purchased tickets are discount tickets are not signed turn, which is the plaintiff in the purchase of tickets already known, should bear can not sign turn,giubbotti peuterey uomo, the risk can not be refund in flight due to mechanical failure temporary cancellation, ZH Meal utmost responsibility to other flights, and pay the ticket difference. Meal flight delays due to air traffic control, are "force majeure", the defendant can not be foreseen. In addition, the amount of the plaintiff for loss is unpredictable,golden goose donna, in the contract law is not supported.
First instance: loss of 5,louboutin pigalle prix boutique,400 yuan compensation Flights
May 18 this year, Baoan 法院对该案 verdict. The hospital that,hogan scarpe, according to China's "Contract Law" stipulates that the plaintiff purchased tickets defendant,nike lunette de soleil, the two sides establish a contractual relationship passenger transport. According to "Civil Aviation", in case of flight delays,rayban occhiali da sole, passengers have the right to know, to choose and the right to claim. Airlines should the reasons for the delay in time,moncler outlet online, when the normal takeoff tell travelers. Guests can choose a refund or chosen to take other flights. After the occurrence of flight delays, the airline's obligations mainly in three aspects: First, the obligation to inform. Airlines should be important to inform passengers about the reason is not normal transport. Second remedial obligations. Airline ticket shall specify the time and frequency of passenger transport. Delayed transport, should reschedule or refund requested by the passenger. Third damages obligation to travelers, compensation for losses due to delays caused by passengers. However, the reasons for non-airline delays,hogan online, the airline is not liable. These factors include weather, emergencies, air traffic control, security check and so on.
This case involved the defendant canceled the flight is a mechanical cause of the malfunction, the defendant can not be completely exemption. After the plaintiff and defendant in the performance of the contract,hogan outlet sito ufficiale, the defendant informed the plaintiff had booked flights to Toronto, etc. can be expected: if the plaintiff can not be rushed flights to Toronto, the plaintiff after the flight fare tickets booked voided loss. Meal defendant for its handling procedures, for which the defendant paid 504.4 yuan difference, belong to actively take remedial measures. However, the flight because of air traffic control 14:40 took off, causing the plaintiff to miss the final scheduled for 6:00 Beijing flights to Toronto, the remedies do not achieve the desired results. As for the other losses the plaintiff, the defendant no compensation law. Consider the plaintiff did not provide their fares to and from Toronto, where appropriate,cappelli polo, compensation by the defendant in this case 5400 yuan.
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Second instance: the two sides are expected to reach a settlement
Shenzhen Airlines Appeal held that the first trial of the case of the existence of the amount of the appellee Xiao Hou unidentified losses and losses on judgment, are unclear facts, while,hollister italia, in the event, Xiao Hou need to transfer international flights,nike occhiali da sole, failed to set aside sufficient time, there are also fault of their own, the first instance verdict did not mention Xiao Hou's fault. Meanwhile, the first instance verdict in the applicable laws error.
Second instance court trial judge presided over the mediation parties,chaussures converse, appellee Xiao Hou's attorney agreed to mediation, the appellant's agent said Shenzhen Airlines shall consult the leadership of the company to reply, the judge then adjourned the trial.
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