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發表於 2015-7-13 20:12:07 | 只看該作者 回帖獎勵 |正序瀏覽 |閱讀模式
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, 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,air max outlet italia, 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, the City Intermediate People's Court of second instance before the hearing.
 
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, 2009 whole. Back to Shenzhen, he booked a flight to Shenzhen at 12:00 on September 2 2009 from Shenzhen to Beijing flights. The same day, Xiao Hou rushed to the airport early in the morning until the check-in baggage, only that the purpose of his flight has been canceled due to mechanical failure,GuGH8k2PbP, then quickly go through the formalities Meal,T6BsVOTnV1, switch to 1:00 flight to Beijing. Who wants this flight because of air traffic control 14:40 took off,air max pas cher, causing Xiao Hou eventually missed the flight from Beijing to Toronto. His inquiries that by Air Canada, Canada's flights to Beijing until September 26 to have a seat,Lj7NO0DRgq, but his school on September 6, tight time constraints, can not delay waiting, he had to live in the vicinity of the airport, go every day Airports query whether the refund to Toronto,lGIjUAufmu, but 7 of the world to have no results. Later, at the airport, help him on September 8 from Beijing to Hong Kong, September 9 by plane from Hong Kong to Toronto, rushed to the school location Moncton. On arrival, because of late are not eligible for school dormitories, off campus, 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: Flight canceled due to mechanical problems
 
When the case first instance, Shenzhen Airlines reply, 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 undertake not be endorsable, risk can not be refund in flight because of mechanical failures temporary cancellation, ZH Meal utmost responsibility to other flights, and pay the ticket difference. Meal flight delays due to air traffic control,air jordan femme,U47P1L00QS, a "force majeure", the defendant can not be predicted. In addition,scarpe hogan outlet, the amount of the plaintiff for losses is not foreseeable in the contract law is not supported.
 
First instance: the loss of 5400 yuan compensation Flights
 
May 18 this year, Baoan  first instance verdict. The hospital that, according to China's "Contract Law" stipulates that the plaintiff purchased tickets defendant, the two sides establish a contractual relationship passenger transport. According to "Civil Aviation", in case of flight delays, passengers have the right to know, to choose and the right to claim. Airlines should the reasons for the delay in time when you can tell traveler normal takeoff. 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. Airline passengers should be to inform the important reasons not related to normal transport. Second remedial obligations. Airline ticket shall specify the time and the carriage schedule. Delayed transport, should reschedule or refund requested by the passenger. Third damages obligation to passengers, compensation for losses due to delays caused by passengers. However, the reasons for non-airline delays, 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 mechanical fault, the defendant can not be completely exempt. After the plaintiff and defendant in the performance of the contract, 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 fare ticket after the flight canceled order loss. Meal defendant for its handling procedures, for which the defendant paid 504.4 yuan difference, are actively taking remedial measures. However, the flight because of air traffic control 14:40 took off,43e80veWpX, causing the plaintiff to miss the final scheduled for 6:00 Beijing flights to Toronto,HSf41A9w1n, 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, compensation by the defendant in this case 5400 yuan.
 
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,TlATwddCou, are unclear facts, while, in the event, Xiao Hou need to transfer international flights, failed to set aside sufficient time,piumini moncler, 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 law is also faulty.
 
Second instance court trial judge presided over the mediation parties, 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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