November 2009

Michael Wukoschitz's picture

Austrian Supreme Court clarifies information duties in regard to entry requirements

Submitted by Michael Wukoschitz on 30 November, 2009 - 19:18
Mr. F had booked a package tour to Morocco for himself, his wife and his eight year old son. At the time of booking he did not ask for entry requirements, only leafed through the pages of the tour organiser's brochure without looking for the respective information and didn't take the brochure along.
Stephan Keiler's picture

Compensation in the Event of Airline Bankruptcy

Submitted by Stephan Keiler on 28 November, 2009 - 00:16

Motion for a Resolution by European Parliament


Mathieu Grosch, Artur Zasada on behalf of the PPE Group

Michael Wukoschitz's picture

USA: Delta denies infringement of data privacy

Submitted by Michael Wukoschitz on 20 November, 2009 - 20:31
In proceedings concerning a lawsuit accusing the airline of hacking into a computer of a passenger advocacy organization (see previous post), Delta has asked the federal court to dismiss the claim on the grounds that the plaintiff, FlyersRights.org founder Kate Hanni, had made the allegedly stolen emails public by forwarding them to an industry discussion group.
Michael Wukoschitz's picture

Australia: no exemption of Age Discrimination Act for cruise line

Submitted by Michael Wukoschitz on 19 November, 2009 - 22:19
Australia's largest pleasure cruise company, Carnival Australia, a subsidiary of global Carnival Corp., demands that young adults aged 18 to 21 are accompanied by a parent or guardian if they book one of a range of South Pacific cruises from Australian ports from November through January. The policy aims to exclude large groups of students who celebrate the end of the school or college year usually by excessive drinking.
Michael Wukoschitz's picture

European court of Justice: Sardinian regional tax on touristic stopovers infringes Community law

Submitted by Michael Wukoschitz on 18 November, 2009 - 13:20
Legislation adopted by the Region of Sardinia introduced, as from 2006, a regional tax on stopovers for tourist purposes by aircraft used for the private transport of persons or by pleasure boats over fourteen metres in length. The tax is payable by natural or legal persons who have their tax domicile outside the territory of the region. With regard to the pleasure boats, the tax applies to undertakings which carry out transport operations for remuneration or free of charge.
Michael Wukoschitz's picture

Austria: Supreme Court decides on information duties with regard to hurricane hazard

Submitted by Michael Wukoschitz on 16 November, 2009 - 22:57
Plaintiff and his fiancé wanted to go on vacation in late October 2005 and asked their travel agency for a destination of fair weather. The agency inter alia offered Yucatan/Mexico which they chose and booked a package tour for Oct. 16 to 30. When they left for Yucatan on Oct. 16, a tropical depression had developed in the Carribean which on Oct. 18 turned into hurricane Wilma. Plaintiff and his fiancé enjoyed their vacations until Oct. 19 when heavy wind came up and the hotel staff began to nail up windows. From Oct. 20 they were asked not to leave their room. The storm calmed down on Oct.
Michael Wukoschitz's picture

Germany: German courts have jurisdiction over airlines in other member states in regard to unfair terms

Submitted by Michael Wukoschitz on 16 November, 2009 - 14:22
In a decision dated July 9, 2009, German Supreme Court (BGH) held that German Courts have jurisdiction over over an airline in another member state in regard to a law suit filed by a consumer protection association to cease in order to interdict the use of unfair terms in General Conditions of Contract.

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