• Home
  • Imprint
  • Privacy policy
  • Terms
  • Agile and lean law firm
  • Ideal partner
  • Contact
  • Videos
ITMediaLaw - Rechtsanwalt Marian Härtel
  • en English
  • de Deutsch
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
      • Ideal partner
      • About lawyer Marian Härtel
      • Video series – about me
      • Why a lawyer and business consultant?
      • Principles as a lawyer
      • Focus on start-ups
      • Nerd und Rechtsanwalt
      • Ideal partner
      • How can I help clients?
    • Über die Kanzlei
      • How clients benefit from my network of colleagues, partners and service providers
      • Quick and flexible access
      • Agile and lean law firm
      • Team: Saskia Härtel – WHO AM I?
      • Price overview
    • How can I help clients?
    • Sonstige Informationen
      • Einwilligungen widerrufen
      • Privatsphäre-Einstellungen ändern
      • Historie der Privatsphäre-Einstellungen
      • Privacy policy
    • Testimonials
    • Imprint
  • Leistungen
    • Focus areas of attorney Marian Härtel
      • Support with the foundation
      • Games law consulting
      • Advice in e-commerce
      • Support and advice of agencies
      • Legal advice in corporate law: from incorporation to structuring
      • Legal compliance and expert opinions
      • Streamers and influencers
      • Cryptocurrencies, Blockchain and Games
      • Outsourcing – for companies or law firms
    • Arbeitsschwerpunkte
      • Games and esports law
        • Esports. What is it?
      • Corporate law
      • IT/IP Law
      • Consulting for influencers and streamers
        • Influencer & Streamer
      • Contract review and preparation
      • DLT and Blockchain consulting
        • Blockchain Overview
      • Investment advice
      • AI and SaaS
  • Artikel/News
    • Langartikel / Guides
    • Law and computer games
    • Law and Esport
    • Law on the Internet
    • Blockchain and web law
    • Online retail
    • Data protection Law
    • Copyright
    • Competition law
    • Copyright
    • EU law
    • Law on the protection of minors
    • Labour law
    • Tax
    • Kanzlei News
    • Other
  • Videos/Podcasts
    • Videos
    • Podcast
      • ITMediaLaw Podcast
      • ITMediaLaw Kurz-Podcast
  • Knowledge base
  • Contact
Kurzberatung
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
      • Ideal partner
      • About lawyer Marian Härtel
      • Video series – about me
      • Why a lawyer and business consultant?
      • Principles as a lawyer
      • Focus on start-ups
      • Nerd und Rechtsanwalt
      • Ideal partner
      • How can I help clients?
    • Über die Kanzlei
      • How clients benefit from my network of colleagues, partners and service providers
      • Quick and flexible access
      • Agile and lean law firm
      • Team: Saskia Härtel – WHO AM I?
      • Price overview
    • How can I help clients?
    • Sonstige Informationen
      • Einwilligungen widerrufen
      • Privatsphäre-Einstellungen ändern
      • Historie der Privatsphäre-Einstellungen
      • Privacy policy
    • Testimonials
    • Imprint
  • Leistungen
    • Focus areas of attorney Marian Härtel
      • Support with the foundation
      • Games law consulting
      • Advice in e-commerce
      • Support and advice of agencies
      • Legal advice in corporate law: from incorporation to structuring
      • Legal compliance and expert opinions
      • Streamers and influencers
      • Cryptocurrencies, Blockchain and Games
      • Outsourcing – for companies or law firms
    • Arbeitsschwerpunkte
      • Games and esports law
        • Esports. What is it?
      • Corporate law
      • IT/IP Law
      • Consulting for influencers and streamers
        • Influencer & Streamer
      • Contract review and preparation
      • DLT and Blockchain consulting
        • Blockchain Overview
      • Investment advice
      • AI and SaaS
  • Artikel/News
    • Langartikel / Guides
    • Law and computer games
    • Law and Esport
    • Law on the Internet
    • Blockchain and web law
    • Online retail
    • Data protection Law
    • Copyright
    • Competition law
    • Copyright
    • EU law
    • Law on the protection of minors
    • Labour law
    • Tax
    • Kanzlei News
    • Other
  • Videos/Podcasts
    • Videos
    • Podcast
      • ITMediaLaw Podcast
      • ITMediaLaw Kurz-Podcast
  • Knowledge base
  • Contact
ITMediaLaw - Rechtsanwalt Marian Härtel
Home Law on the Internet

OLG Frankfurt: On the place of jurisdiction for internet bookings

5. June 2020
in Law on the Internet
Reading Time: 3 mins read
0 0
A A
0
airport 690556 1280
Key Facts
  • German courts do not have international jurisdiction if there is no connection to a German branch.
  • The plaintiff booked a flight ticket via "airfrance.de", confirmed the booking and received an electronic ticket.
  • The ticket was canceled by the defendant one day after booking due to a system error.
  • The Higher Regional Court ruled that international jurisdiction cannot be derived from Art. 7 No. 5 Brussels I Regulation.
  • The marketing department in Frankfurt am Main was not responsible for ticket allocation.
  • The website is not operated by the Frankfurt branch; data is stored by a provider in Paris.
  • The appeal to the Federal Court of Justice was allowed, as international jurisdiction for internet bookings is of fundamental importance.

If a flight ticket of a foreign airline is booked via a German-language website that is maintained entirely from abroad in terms of technology and content, German courts do not have international jurisdiction. The Higher Regional Court of Frankfurt am Main ruled that there is no connection between the booking process and a German branch. Due to the fundamental importance of the case, an appeal to the BGH was permitted.

The plaintiff asserted a claim for damages against the defendant French airline for canceling a contract of carriage. He booked a ticket for a flight from San Francisco to Paris in First Class and an onward flight from Paris to London in Business Class via the website “airfrance.de” in December 2017 for the summer of 2018 for a total of just under €600.00. After transferring the amount, the booking was confirmed. The plaintiff received an electronic ticket with a reservation code. The ticket indicated “DIR – WEB Allemagne, Frankfurt am Main” as the place of issue. A telephone number with the Frankfurt area code “069” was given as the contact before the start of the journey. The imprint of the homepage states: “Air France in Germany: Air France Direktion für Deutschland, Zeil 5, 60613 Frankfurt am Main”.

One day after the booking, the defendant informed the plaintiff via the e-mail address “Customer Care Europe” in English that the ticket had been canceled due to a system error. The amount paid was subsequently refunded. At the end of January 2018, a comparable flight would have cost €10,578.86.

The plaintiff believes that the defendant was unable to cancel the ticket effectively. He is claiming damages in the amount of the objective flight price (€ 10,578.86). The Regional Court dismissed the claim as inadmissible as it did not have international jurisdiction. The plaintiff’s appeal is directed against this. It was also unsuccessful before the OLG.

The Regional Court was right to deny its international jurisdiction, the Higher Regional Court ruled. In particular, international jurisdiction did not follow from Art. 7 No. 5 Brussels I Regulation. According to this provision, a party domiciled in the territory of a Member State (in this case France) could be sued in another Member State (in this case Germany) in disputes arising from the operation of a branch, agency or other establishment before the court of the place where the branch, agency or other establishment is located.

The marketing department and the headquarters of the managing director for Germany are located in Frankfurt am Main. However, the confirmation and ticket were not issued by employees there. The ticket booked on the internet and issued electronically also had no other connection to the Frankfurt branch within the meaning of Art. 7 No. 5 Brussels I Regulation. In particular, the German-language website of the defendant was not operated from the Frankfurt branch. The content of the website could not be changed from there, nor were technical facilities available there on which the website data was stored. On the contrary, the defendant had stated that the data of the German-language website of the defendant was located at an external provider in Paris.

The plaintiff refers unsuccessfully to the information in the defendant’s legal notice. They alone show that there is also a presence in Germany. However, the exclusively French e-mail address stated in the legal notice indicates that the website is operated from Paris.

The branch in Germany was therefore not involved in the legal relationship between the airline and the passenger. Purely legal appearance aspects could not justify international jurisdiction.

The Senate has allowed an appeal to the Federal Court of Justice. The question of international jurisdiction for internet bookings is of fundamental importance.

Tags: BghBusinessDamagesE‑mailFederal courtFrankfurtFrankfurt am Main Higher Regional CourtinternetLawsuitMailmarketing

Beliebte Beträge

Social media accounts as a company: who keeps followers when employees change?

Social media accounts as a company: who keeps followers when employees change?
4. May 2025

Social media have become valuable assets for modern companies. Followers, profiles and reach can determine customer relationships, employer image and...

Read moreDetails

Digital Services Act (DSA): What creators, influencers and agencies need to know now

Digital Services Act (DSA): What creators, influencers and agencies need to know now
16. May 2025

Key Facts: Stricter transparency obligations for platforms: The Digital Services Act (DSA) forces Very Large Online Platforms (VLOPs) such as...

Read moreDetails

Legally compliant contract drafting for software development on no-code platforms

Legally compliant contract drafting for software development on no-code platforms
26. April 2025

No-code and low-code platforms enable start-ups and agencies to develop software and digital products quickly and without in-depth programming knowledge....

Read moreDetails

Automated pricing and dynamic pricing in e-commerce

automatisierte preisgestaltung und dynamic pricing im ee28091commerce 1
2. April 2025

In the digital economy, automated pricing and dynamic pricing strategies are now part of everyday life. Whether for online shopping,...

Read moreDetails

Growth hacking and viral marketing – legal requirements

growth hacking und virales marketing juristische anforderungen 1
1. April 2025

Growth hacking and viral marketing promise start-ups rapid growth and a wide reach with a low budget. In the digital...

Read moreDetails

Liability of website operators for user comments – When and how operators are responsible for their users’ content

Creating contracts with face models and voice models: A guide for the gaming industry
15. March 2025

Introduction The responsibility of website operators for user-generated content has become much more important in recent years, both in case...

Read moreDetails

AI editing of OnlyFans content & Instagram campaigns: Important legal tips!

ai generated g63ed67bf8 1280
23. February 2025

Copyright and original material Copyright regulations protect the intellectual property of those who create photo and video material. The OnlyFans...

Read moreDetails

Digitalization and contract law: Electronic signature in accordance with the eIDAS Regulation

Digitalization and contract law: Electronic signature in accordance with the eIDAS Regulation
3. March 2025

Introduction: Digitalization and modern contract law Advancing digitalization is changing all business processes, especially in the area of contract design....

Read moreDetails

Liability under Art. 82 GDPR for sending forged invoices!

Liability under Art. 82 GDPR for sending forged invoices!
17. February 2025

Recently, I have been able to successfully represent my clients in several similar cases that were affected by security breaches...

Read moreDetails
  • Home
  • Imprint
  • Privacy policy
  • Terms
  • Agile and lean law firm
  • Ideal partner
  • Contact
  • Videos
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Contact
  • Leistungen
    • Support with the foundation
    • Focus areas of attorney Marian Härtel
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Games law consulting
    • Support and advice of agencies
    • Legal advice in corporate law: from incorporation to structuring
    • Cryptocurrencies, Blockchain and Games
    • Investment advice
    • Booking as speaker
    • Legal compliance and expert opinions
    • Legal advice in corporate law: from incorporation to structuring
    • Contract review and preparation
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
    • Agile and lean law firm
    • Focus on start-ups
    • Principles as a lawyer
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Why a lawyer and business consultant?
    • Focus on start-ups
    • How can I help clients?
    • Team: Saskia Härtel – WHO AM I?
    • Testimonials
    • Imprint
  • Videos
    • Video series – about me
    • Information videos – about Marian Härtel
    • Videos on services
    • Blogpost – individual videos
    • Shorts
    • Third-party videos
    • Podcast format
    • Other videos
  • Knowledge base
  • Podcast
  • Blogposts
    • Lange Artikel / Ausführungen
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Labour law
    • EU law
    • Corporate
    • Competition law
    • Copyright
    • Tax
    • Internally
    • Other
  • en English
  • de Deutsch
Kostenlose Kurzberatung