Cases

Marc Mc Donald's picture

New Book Review - Turističko pravo/Tourism Law

Authors: Prof. Dr. Dragan Vujisić, Faculty of Law, University of Kragujevac and Doc. Dr. Andrej Mićović, Faculty of Hotel Management and Tourism in Vrnjačka Banja, University of Kragujevac

Reviewer: Snežana Miladinović, Ph.D., Full-time Professor, Faculty of Law, University of Montenegro

The textbook Tourism Law, written in Serbian by Prof. Dr. Dragan Vujisić and Doc. Dr. Andrej Mićović, is one of a number of texts produced by the Faculty of Hotel Management and Tourism in Vrnjačka Banja, University of Kragujevac, Serbia. It was published in late 2016.

Marc Mc Donald's picture

Book Review in English and Spanish

Author: Julio Facal, Manual de Derecho Hotelero, AHRU [Asociación de Hoteles y Restaurantes de Uruguay] RUMBO editorial [info@ahru.com.uy; jfacal@yelpofacal.com], Montevideo, 2016 [2017 second edition, in process];120pp, US $20.

Reviewer:Diego R. Gonzalez. Buenos Aires,. (diegon@me.com). President of Worldwide Airport Lawyers Association – WALA. www.wala.aero

Michael Wukoschitz's picture

CJEU decides on disclosure of air ticket price components and cancellation fees

A German Consumer Association (Bundesverband der Verbraucherzentralen und Verbraucherverbände) made a test booking on Air Berlin’s website and found that the taxes, charges and fees applicable to the ticket were indicated as being only 1 Euro or 3 Euro while the real taxes, charges and fees must have been much higher. The Consumer Association regarded this practice as misleading.

Marc Mc Donald's picture

Irish Court of Appeal finds airport authority not liable in negligence for passenger fall on moving escalator.

The 64 year old woman who had never been on an escalator before fell on the moving escalator which was taking her up from the check-in area to the departure area. The escalator was found to have been installed and operating normally in compliance with recommended standards and did not amount to an unusual danger. Video footage showed the woman turned to adjust her carry-on bag on the step below her and lift it up onto the step so that it was beside her. The video also showed she was not holding onto the moving handrail when she lost her balance and fell.
Michael Wukoschitz's picture

Australia: hotel occupier liable for fall at raised timber platform in the lobby

Shortly before midday on 19 June 2009 the plaintiff tripped over the corner of a raised timber platform in the lobby area of the Manly Pacific Hotel. As a result he suffered injuries to his neck, right shoulder and back. That relatively dark timber platform was a permanent structure in the hotel lobby and was positioned to the right side of the walkway to the main bar area, the entrance to which was on the left hand side of the foyer area. It was rectangular in shape – 1770 mm wide, 2625 mm long and 151 mm in height.

Michael Wukoschitz's picture

USA: 9th Circuit Court of Appeal upholds block on "Travel Ban"

In a unanimous, per curiam ruling, a three-judge panel largely upheld the block on President Trump’s revised Travel Ban keeping people from six majority-Muslim nations from entering the United States for 90 days. The judges pointed out that although the Immigration and Nationality Act (“INA”) gives the President broad  powers to control the entry of aliens, and to take actions to protect the American public, immigration, even for the President, is not a one-person show. The President’s authority is subject to certain statutory and constitutional restraints .

Marc Mc Donald's picture

Irish High Court denies compensation to hotel guest who fell out of bedroom window

The High Court held that a hotel guest who had opened his bedroom window to smoke illegally and who fell out of the window [rather than jumping out as had been alleged after a row with his girlfriend] lost his claim for compensation.

Michael Wukoschitz's picture

Brazilian courts to apply Montreal Convention, finally?

According to an article published on "Lexology", on May 25, 2017  the Brazilian Supreme Federal Tribunal has passed a judgement which acknowledges the application of the Montreal Convention in international air transport cases. Although Brazil is party to the Warsaw and the Montreal Convention which both provide for their exclusivity, Brazilian courts have been rather reluctant in applying these conventions and tended to give precedence to national law, in particular the Brazilian Consumer Defence Code.

Michael Wukoschitz's picture

CJEU Advocate General: Uber can be required to obtain the necessary licences under national law

In 2014 the Asociación Profesional Elite Taxi (‘Elite Taxi’), a professional organisation representing taxi drivers in the city of Barcelona, brought an action before Commercial Court No 3 in Barcelona asking the court, inter alia, to impose penalties on the Spanish company Uber Systems Spain SL (‘Uber Spain’), a company belonging to a group managing the Uber platform, for engaging in unfair competition towards Elite Taxi’s drivers. In particular, Elite Taxi maintained that Uber Spain is not entitled to provide the UberPop service in the city of Barcelona.

Michael Wukoschitz's picture

Germany: no free termination of package contract because of voided passports

The plaintiff had booked a holiday package to the U.S. organized by the defendant. She was supposed to travel to the U.S. together with her husband and her daughter on May 19, 2013. In January 2013 she applied for new passports for her daughter and herself which were issued and sent to her accordingly. However, as the authorties did not receive any confirmation of delivery, it was assumed that the passports had got lost and therefore they were declared void. However, no information was provided to the plaintiff.

Pages

X