The long Arm of the law intervenes just after simple traffic participants as to the major airlines. The legal experts from the ADAC, prior to the seven significant judgments for transport, travel and consumer law from the past year.
1. Traffic sins abroad: Gotthard-racer sits in a German prison
A Swiss court had convicted the so-called Gotthard-racer, a German, was with 200 km/h through the Gotthard tunnel, racing to a prison sentence. The sentence of the traffic menace is not entered. The higher regional court in Stuttgart decided in the spring, at the Request of Switzerland, that he must serve a sentence of twelve months in a German prison. A prerequisite for such domestic enforcement: The act can also be in accordance with German law with imprisonment. That was the case here. ADAC beware of fast Driving on Swiss motorways: The regulatory authorities in the Alpine state, more recently, tough on speeders in front of
2. Accident damage: insurance of the complete damage
pay A policy holder had a no fault accident, your vehicle repairing and the statements to the opposing insurance. These refused to accept the damage completely, and refunded only two-thirds of the total. The ADAC, in exceptional cases and for clarification of questions of principle patterns, processes, went for the policyholder in court. The district court Gelnhausen denounced the insurance industry for the payment of the entire amount, plus interest (Az. 53 C 902/16). Here, the Auto-Newsletter
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3. Pre-loss: “accident-free” refers to the entire life of the Car
sold a car with the feature of “accident-free”, then this refers to the complete “lifetime” of the vehicle. A buyer had bought a Car with this add-on from the dealer and later found that the car is damaged in an accident. He then called for the rescission of the purchase. The seller argued that the note “accident refer-free”, only at the time the vehicle was in his possession. The OLG Hamm gave the buyer shall have the right (Az. I-28 U 198/16). ADAC Motorwelt
This is an original contribution from the ADAC motor world. For more articles, see www.adac.de/motorwelt.
4. Dash Cam: camera in the car as evidence in case of accident
allows the so-Called Dashcams in vehicles are permitted in the case of an accident in the individual case as evidence in a civil process. The Federal court of justice (VI ZR 233/17). Courts may use such recordings to an accident unaccounted for. Independent films without a cause remains, however, for privacy reasons continue to be prohibited.
5. “Wildcat strike”: passengers are entitled to compensation
Because in the short term, of previously announced austerity measures were reported during the holiday airline Tuifly, many employees are sick. As a result, many flights accounted for, or were too late. The Airline refused to give the customer compensation with the reference to an “exceptional circumstance”. The European court of justice ruled for the consumer: This is a conflict with the employees is part of normal business activities and of the Airline’s control.
FOCUS Online New symbols, you need to know from 2019, when Refueling 6. Cruise: the organizer does not book cabin – compensation for customers
Three days before departure, a couple learned that the organizers had forgotten to reserve a cabin on the cruise ship. The price of the trip for the Caribbean trip was around 5000 Euro. The Couple planned a replacement trip to Florida. The Federal court awarded the two a compensation of Euro 3685 because of “useless spent vacation time” (judgment of 29.5.2018, Az. X ZR 94/17).
7. Mobile phone at the wheel: No Quarter, when the device is held in the Hand,
phone Calls in the car: A small but important difference of the new legislation was a driver of a vehicle is fatal. The higher regional court of Oldenburg (Az. 2 Ss (OWi) 201/18) condemned the man, because he was caught in his Car with the phone in Hand. Since the amendment of § 23 Abs. 1a of the Traffic regulations is no longer for a conviction is important, which is why someone held the device and whether or not he really on the phone. All that matters is that he had it in Hand. In the words of the rule: $ 100 and 1 point.
More judgments can be found in the database adac.de/urteile
FOCUS Online E-Call now duty: This is what happens when you originated the emergency call button in the car, press the
*The post “camera, phone, Dashcam: 7 judgments, the motorists must know” by ADAC. There is no editorial review by FOCUS Online. Contact with the executives here.
Petra Zollner / ADAC judgments motorists