May 2011

2 new preliminary rulings before ECJ

Submitted by Stephan Keiler on 30 May, 2011 - 12:09

Two new preliminary rulings regarding travel law have been initiated before the European Court of Justice.

One regarding interpretation of the PTD and the other of the Air Passenger's Rights Regulation:

UK: no exception to the exclusivity of the Montreal Convention with regard to disabled passengers

Submitted by Michael Wukoschitz on 27 May, 2011 - 13:34

The case Hook v British Airways concerns a flight from London to Paphos, Cyprus on 26 July 2008 and the return flight on 10 August 2008.

Austria: Supreme Court decides on travel package retailer liability

Submitted by Michael Wukoschitz on 26 May, 2011 - 15:42

In a recent decsision, the Austrian Civil Supreme Court (OGH) has held that booking a package for a group or family constitutes a contract for the benefit of a third party and thus entitles any member of the group or family to file a claim with regard to his/her own participation in the package. These principles do not only apply with regard to the tour organizer but also with regard to a retailer or agent.

EU Commission publishes responses received on the ADR consultation including IFTTA paper

Submitted by Michael Wukoschitz on 24 May, 2011 - 15:35

The EU Commission has now published the responses received on the ADR consultation. The responses filed by experts include an IFTTA paper drafted by Larry Gore, Tom Marigiotti and John Downes. It is the second time that IFTTA participated in an EU legislative process. The commission also published a Feedback Statement to the responses received until the end of March 2011.

Canada: no suspension of Warsaw Convention limitation period because of a plaintiff’s disability

Submitted by Michael Wukoschitz on 23 May, 2011 - 14:20

The Plaintiff flew with Air France on May 23, 2003, from Toronto to Paris. She was seated in a wheelchair and required assistance to access her seat on the airplane. Upon arrival at CDG airport in France, the Plaintiff claimed that Air France personnel failed to assist despite numerous requests by her mother. Because of this failure to assist, the Plaintiff’s mother had to carry her daughter to the waiting wheelchair on the bridge.

AIA: conference on ADR in the Aviation Sector and the sector of Tour Operators

Submitted by Michael Wukoschitz on 19 May, 2011 - 07:40

The Association for International Arbitration (AIA) is holding a conference on ADR in the Aviation Sector and the sector of Tour Operators on June 24 in Brussels. The provisonal programme includes the following papers:

ECJ: advertising of entry-level prices for travel and tourist services admissible

Submitted by Michael Wukoschitz on 17 May, 2011 - 12:20

In the "Ving Sverige" Case (see IFTTA news of Feb 8, 2011), the ECJ has now decided that

Survey on the attitudes of Europeans towards tourism 2011

Submitted by Stephan Keiler on 17 May, 2011 - 08:04

Eurobarometer published a Survey on the attitudes of Europeans towards tourism based on fliedwork in Feb 2011.

A summary can be found here: Summary

The entire analytical report cam be found here: Report

European champion in traveling are the Finns!

Stephan

Switzerland: voters approve "suicide tourism"

Submitted by Michael Wukoschitz on 16 May, 2011 - 13:28

A vast majority of the voters in Zurich has objected an intiative to prohibit assisted suicide of foreigners. A second intiative seeking to limit suicide assistance to persons who have lived in the Canton for at least one year was also rejected.

Source: Spiegel Online; find in German here>>.

Air Zimbabwe suspended by IATA

Submitted by Michael Wukoschitz on 16 May, 2011 - 13:11

Due to an Associated Press report, the International Air Transport Association (IATA) has suspended Zimbabwe’s national carrier from all international financial and flight booking services.

Find article here>>.

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