No-show

from Wikipedia, the free encyclopedia

No-show ( English for " no-show ") refers to the non-appearance of travelers , especially in tourism, despite a booking made and without notice to the tour operator , the airline or the hotel .

General

The no-show is one of the fluctuations such as cancellation or rebooking . In contrast to these, however, the no-show will not be announced to the organizer in advance, so that at least one seat on the plane , one room in the hotel or one cabin on the ship will remain unoccupied. A no-show also occurs at events if someone does not appear despite a valid ticket . In addition to the no-show, the delay ( English late-show ) or - not relevant here - the lack of quality (English bad-show ) is known.

No-shows mean that services that were once sold are suddenly available again, but are not occupied due to missing or insufficient overbooking ( spoilage ). If overbooking is allowed in this situation, the desired full occupancy can be achieved. However, if the no-show customers also appear at the same time, there is an overbooking with the result that customers are rejected ( spill ).

Legal issues

By airline reservations , hotel reservations or other ticket sales one's contract came about. This obliges the airline, the hotel or the organizer to reserve a seat or a room for the customer on a specific date . It is up to the customer to meet this deadline by showing up at check-in . If the customer does not comply, the organizer is released from his obligation to perform in the case of an absolute firm deal in accordance with Section 275 (1) BGB. Fixed transactions - as with a single event date - require adherence to a precisely defined performance time (fixed date) as an essential part of the contractual performance obligation . Subsequent subsequent performance is therefore not possible and consequently not owed. Because the customer as a creditor is in default of acceptance according to § 293 BGB , the organizer also retains his right to the consideration, in this case the payment of the money for the ticket. The ticket expires without compensation. The passenger cancels implied by its final no-shows his seat reservation on the flight.

In the case of package tours , on the other hand, the prevailing opinion with Ernst Führich sees the non-appearance for departure as a resignation declared by conclusive behavior according to § 651h Abs. 1 BGB. In this case, the tour operator loses the right to the agreed travel price, but can demand appropriate compensation ( cancellation costs). A traffic jam or a train delay on the journey to the airport are a risk in the privacy of the traveler, his entitlement to the flight price remains in place ( Section 326 (2) BGB).

Many airlines use the clause in their terms and conditions that the return flight or onward flight expires without compensation if the outward flight is not taken. They make it a condition that the flights must be taken in the order specified on the ticket . The Federal Court of Justice (BGH) stated that clause in the case of Lufthansa and British Airways for ineffective .

Lufthansa then adjusted its terms and conditions and asked for a surcharge. It takes legal action against customers who let the return flight expire in order to collect the surcharge retrospectively. Legal proceedings are still open (see: Ticket (Aviation) # No-Show ).

No show forecast management

No-shows are important wherever the scarce and short-term capacity that cannot be increased requires full utilization . In affected companies, no-show management is therefore required as part of earnings management . For example, Lufthansa begins supplying the forecast program with information for every flight 361 days before the departure date . These include, for example, customer behavior at each departure location, holiday constellations , current weather forecasts or country-specific peculiarities. While the no-show rate is very low in Japan , it is very high in India . Frequent flyers have low no-show rates, late bookers (English last minute ) have higher. Every year Lufthansa records around 3 million customers who do not appear at check-in, and around 300,000 passengers were still carried on flights that were actually fully booked in 2015. For fully booked flights, an average of 10% overbooking is assumed up to the day of departure - depending on the results of the forecast program.

consequences

In their planning, airlines or hotels must assume that short-term cancellations or no-shows would always leave an indefinite number of seats or rooms unoccupied so that the desired full occupancy rate would not be achieved. In order to avoid this, they make overbooking, but hereby run the risk that the no-shows suddenly appear, which makes the overbooking visible. No-shows reach around ten percent on most flights, but sometimes up to 40% of all flight bookings . In 1975 , United Airlines was able to transport more than 840,000 of its 30 million passengers to no-show seats, seats that would otherwise have remained empty.

In the Bundesliga , the no-show rate, i.e. the proportion of ticket holders who do not come to the stadium on the match day, is around 10 percent and the trend is rising slightly. In the United States , Major League Soccer Club Atlanta United had a no-show rate of around 11 percent in 2018. At the Swiss football club FC Basel , the no-show rate is up to 25 percent, depending on the game. Since there is often no overbooking at sporting events, interested spectators without a ticket cannot be granted access to sold out games. Accordingly, there is often a shortfall in income in the areas of catering and merchandising. The mood in the stadiums is also affected.

Individual evidence

  1. ↑ a b Springer Fachmedien Wiesbaden (ed.): Compact Lexicon Management . Springer Gabler, Wiesbaden 2013, ISBN 978-3-658-03024-7 , pp. 426 ( limited preview in Google Book search).
  2. ↑ Dirk Looschelders : Law of Obligations General Part. 10th edition. Vahlen, Munich 2012, ISBN 978-3-8006-3990-8 , § 35 Rn. 705
  3. ↑ Jens Peter Janköster: Air passenger rights in international air transport . Mohr Siebeck, Tübingen 2009, ISBN 978-3-16-150038-1 , p. 113 ( limited preview in Google Book search).
  4. ↑ Ernst Führich: Basic knowledge of travel law: outline of package and individual travel law . 4th edition. Vahlen, Munich 2018, ISBN 978-3-8006-5221-1 , p. 63 f . ( limited preview in Google Book search).
  5. ↑ Ernst Führich: Basic knowledge of travel law: outline of package and individual travel law . 4th edition. Vahlen, Munich 2018, ISBN 978-3-8006-5221-1 , p. 164 .
  6. ^ BGH, judgment of April 29, 2010, Az .: Xa ZR 5/09 = BGH NJW 2010, 1958 .
  7. ↑ Tobias von Martens: Customer value-oriented revenue management in the service sector . Gabler, Wiesbaden 2009, ISBN 978-3-8349-1598-6 , pp. 170 ( limited preview in Google Book search).
  8. ↑ If passengers do not get on the plane despite having a ticket. In: T-online.de. January 13, 2017, accessed July 18, 2019.
  9. ↑ Penalty for "no-shows" not enforceable. In: The time. January 5, 1979 ( online ; registration required).
  10. ↑ Dominik Schreyer, Daniel Däuper: Determinants of spectator behavior no-show: first empirical evidence from the German Bundesliga . In: Applied Economics Letters . tape 25 , no. 21 , December 15, 2018, ISSN  1350-4851 , p. 1475–1480 , doi : 10.1080 / 13504851.2018.1430314 ( tandfonline.com [accessed March 14, 2019]).
  11. ↑ Dominik Schreyer: Football spectator no-show behavior in the German Bundesliga . In: Applied Economics . May 7, 2019, ISSN  0003-6846 , p. 1–20 , doi : 10.1080 / 00036846.2019.1602709 ( tandfonline.com [accessed May 17, 2019]).
  12. ^ Tim Tucker: Here are the real numbers on Falcons, Atlanta United attendance. March 8, 2019, accessed March 14, 2019 .
  13. ↑ Christoph Kieslich: FCB is fighting for its tired regular audience. February 24, 2018, accessed March 28, 2019 .
  14. ^ Dominik Schreyer, Sascha L. Schmidt, Benno Torgler: Football Spectator No-Show Behavior . In: Journal of Sports Economics . tape 20 , no. 4 , p. 580-602 , doi : 10.1177 / 1527002518784120 .