February 2012

USA: Appelate court affirms foreign nationals' standing to challenge a "no-fly list" inclusion

Submitted by Michael Wukoschitz on 29 February, 2012 - 17:06

Rahinah Ibrahim, a Malaysian national and university professor, was legally in the United States as a Ph.D. student at Stanford University from 2001 - 2005. In early 2005, she attempted to travel to a Stanfordsponsored conference in Malaysia where she was to present her doctoral research. Alledgedly mistakenly placed on the “No-Fly List”, she was prevented from flying and was detained in a holding cell for two hours at the San Francisco airport. She was then allowed to fly to Malaysia the next day, but she was prevented from returning to the United States after the conference.

European Union: Parliamentary Transport and Tourism Committee calls for improved air passenger rights

Submitted by Michael Wukoschitz on 29 February, 2012 - 13:35

All-in air fares, airline employees able to help stranded passengers immediately, and proper compensation when airlines go bust are the key requests set out in a resolution on air passengers' rights voted by the Transport and Tourism Committee on Tuesday.

With a view to a forthcoming revision of the relevant EU legislation, the resolution calls on the European Commission to clarify air passengers' rights, ensure that legislation protecting them is applied uniformly, and take measures to improve the accountability of airlines.

ECJ to hear cases challenging its "Sturgeon" judgement

Submitted by Michael Wukoschitz on 23 February, 2012 - 11:08

The Court of the European Union has scheduled a hearing for March 20, 2012 at 09:30 in the joined cases Nelson v. Deutsche Lufthansa (C-581/10; referring court: Amtsgericht Köln, Germany) and TUI et al v.

European Union: Public consultation of stakeholders on the "European Charter for Sustainable and Responsible Tourism"

Submitted by Michael Wukoschitz on 20 February, 2012 - 08:16

In the framework of the implementation of Action 15 of the 2010 Commission Communication on tourism COM(2010)352: "The European Charter for Sustainable and Responsible Tourism", Tourism Policy Development Unit has launched a stakeholders consultation which is open till 20 April 2012.

The consultation concerns the first draft text of the Charter as well as several possible open questions, assembled in the Questionnaire.

European Court of Justice: insolvency protection also applies in case of a package organiser’s fraudulent conduct

Submitted by Michael Wukoschitz on 16 February, 2012 - 10:57

The Landgericht Hamburg (Regional Court, Hamburg, Germany) had asked the ECJ whether the protection of consumers pursuant to article 7 of the Package Travel Directive (PTD) also applied where the insolvency was attributable to fraudulent conduct on the part of the travel organiser. The Landgericht Hamburg must rule on the action brought by Mr Blödel-Pawlik against HanseMerkur Reiseversicherung AG, a German insurance company, concerning its refusal to refund the cost of package travel which did not take place because of the insolvency of the travel organiser, Rhein Reisen GmbH.

"Reviews you can trust" - UK Advertising Standards Authority finds TripAdvisor ads misleading

Submitted by Michael Wukoschitz on 13 February, 2012 - 19:41

Claims on tripadvisor.co.uk, a website providing holiday and travel consumer reviews, stated "... read reviews from real travellers ... TripAdvisor is the world's largest travel site, enabling travellers to plan and have the perfect trip. TripAdvisor offers trusted advice from real travellers and a wide variety of travel choices and planning features ... TripAdvisor.com features: More than 50 million honest travel reviews and opinions from real travellers around the world".

USA: Appelate court confirms limitation of liability clauses in airline's "Conditions of Carriage"

Submitted by Michael Wukoschitz on 13 February, 2012 - 19:25

On September 26, 2008, appellants purchased two round-trip airline tickets from American Airline’s website. The y received an “E-Ticket Confirmation” which in the bottom line of the message stated: “A summary of Terms and Conditions of travel is available by selecting the Conditions of Carriage button below.” The referenced Conditions of Carriage clearly state that the ticket and the Conditions of Carriage “constitute the contract.”

Germany: new reference for ECJ preliminary ruling regarding Reg. 261/2004

Submitted by Michael Wukoschitz on 7 February, 2012 - 18:08

On Nov. 25, 2011, the German Amtsgericht Düsseldorf has filed a motion for preliminary ruling to the ECJ regarding the follwoing issue:

EU Transport Commissioner receives commitment from Cruise industry to fully engage in review of passenger ship safety rules

Submitted by Michael Wukoschitz on 7 February, 2012 - 17:49

Vice-President Siim Kallas, European Commissioner for Transport today was briefed by the board of the European Cruise Council about cruise ship safety. Vice President Kallas announced that the Commission strongly supports a passenger ship safety review at IMO (International Maritime Organisation) to ensure that European citizens can expect state of the art safety measures in place - no matter where they board a passenger ship. The EU Transport Commissioner outlined the need for a twin-track approach with the IMO.

Canada: body height is not a disability

Submitted by Michael Wukoschitz on 7 February, 2012 - 17:41

Malcolm Johnson filed an application with the Canadian Transportation Agency (CTA) against Air Canada with respect to additional fees charged for economy class seats that afford extra leg room. Mr. Johnson submitted that, due to his height, he could not sit in a “regular seat” without endangering his health due to restricted circulation in his legs from cramped seating.

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