January 2012

Michael Wukoschitz's picture

Germany: appellate court upholds denial of injunction against hotel review website

The plaintiff is operating a hotel in Berlin. The defendant is running a website provding for online booking of accomodation and travel packages. The website also has a section where users can post unattributed comments and reviews on hotels. These reviews included some negative comments on the plaintiff's hotel.

Michael Wukoschitz's picture

USA: DOT fines Spirit Airlines over handling of disability complaints and Finnair for violating price advertising rules

The U.S. Department of Transportation (DOT) fined Spirit Airlines USD 100,000 for failing to appropriately record and respond to complaints about the carrier’s treatment of passengers with disabilities, violating DOT’s rules implementing the Air Carrier Access Act which prohibits discrimination in air travel on the basis of disability.

Michael Wukoschitz's picture

USA: Costa Concordia victims sue for USD 460 milion in Florida

Attorneys for six passengers of the Costa Concordia reportedly filed a law suit in Miami’s federal court  requesting USD 450 million in punitive damages and USD 10 million in compensatory damages. The complaint says plaintiffs were “in terror of catastrophic injury, death, drowning, having been placed in a situation where common sense said the vessel was sinking but the orders from the crew were to return to their cabins.”

Michael Wukoschitz's picture

European Economic and Social Committee publishes opinion on the ‘functioning and application of air passenger rights'

The European Economic and Social Committee (EESC) considers that there is a need to undertake a legislative reform of Regulation No 261/2004 in order to consolidate all air passenger rights into a single text.

Michael Wukoschitz's picture

USA: New York law firms file class action against Costa

As reported by "Travel Weekly", New York-based personal-injury law firm Proner and Proner said it joined forces with Codacons, the Italian consumer-protection organization, in filing a class action against Costa Cruises. A second New York law firm, Napoli Bern Ripka Shkolnik, also will represent passengers in the class action.

Proner said that the suit will seek at least USD 160,000 for each passenger who was aboard the ship at the time of the Jan. 13 disaster near the Italian island of Giglio.

Michael Wukoschitz's picture

Canada: change in airline pet policies ordered by CTA

Upon complaints by three passengers who all suffer from severe cat allergies, the Canadian Transportation Agency (CTA) has ruled that Air Canada, Jazz and WestJet need to amend their policies with respect to the carriage of cats as carry-on baggage in the aircraft cabin as to include either:

Michael Wukoschitz's picture

European Union: Costa Concordia accident and Commission review of passenger ship safety legislation

Vice-President Siim Kallas, European Commissioner for Transport has asked that the currently ongoing review of EU passenger ship safety legislation take fully into account any lessons to be learnt from the Costa Concordia tragedy. The review will prioritise, in particular, the issues of: design and stability of passenger ships, technological developments in the sector, crew training and safe operation, including emergency evacuation procedures. Vice-President Kallas will outline the Commission's position to the European Parliament's Transport Committee on Tuesday 24 January 2012.

Michael Wukoschitz's picture

Austria: tour organiser not liable for costs of extended stay caused by flight cancellation due to the ash cloud crisis

The plaintiff had booked a holiday package and spent her vacations in Gran Canaria in April 2010. Her return flight scheduled for April 17, 2010 had been cancelled because of the air space closures caused by the 'ash cloud'. Thus she had to stay in Gran Canaria until April 23, 2010 and bear the extra costs of this extend stay (mainly: hotel and telephone costs). Back home she sued the tour organiser for compensation. The appelate court (LG Innsbruck), however, dismissed the claim against the tour organiser.

Michael Wukoschitz's picture

Germany: railway company liable for black ice accident on platform

About to take a train from Solingen to Dresden, the plaintiff who had already bought her ticket for the train ride slipped on the platform because of black ice and got injured. After a claim against the company which owns the station premises was dismissed because that company had assigned its duties to clear the platforms from snow and ice to a third company, the plaintiff filed a new law suit against the railway company.

Michael Wukoschitz's picture

USA: deplaned passenger's complaint fails to state a viable cause of action under the Montreal Convention

The plaintiff and her daughter boarded the aircraft for a Continental flight from Newark to Cancun, Mexico. After a dsipute with the flight attendants over her seating and and while waiting in the forward galley, the plaintiff began talking on her cell phone.  When a flight attendant told her to end the call, she replied that “the pilot didn’t announce not to be on your phone and I’m talking to my Mom” and continued her conversation. The flight attendant then told the plaintiff to stop talking on her phone or else exit the plane.

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