Consumer Protection

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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.

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UK: Competion and Markets Authority action on seconary ticketing website shows results

A Competition and Markets Authority (CMA) action has resulted in 4 of the largest UK secondary ticket platforms for music, sports and theare tickets – GET ME IN!, Seatwave, StubHub and viagogo – giving undertakings to build upon their existing practices and give improved information to buyers about the tickets listed on their sites.

These include:

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U.S. Supreme Court: Frequent flier claim preempted by Airline Deregulation Act

Northwest terminated Rabbi S. Binyomin Ginsberg’s membership in its frequent flyer program, apparently based on a provision in the fre­quent flyer agreement that gave Northwest sole discretion to deter­mine whether a participant had abused the program. Rabbi Ginsberg filed a suit, asserting, that Northwest had breached its contract by revoking his membership status without valid cause and had violated the duty of good faith and fair dealing because it terminated his membership in a way that contravened his reasonable expectations.

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Canada: CTA orders Air Canada and Porter Airlines to revise domestic tariff provisions

In two separate decisions of Aug. 29, 2013, the Canadian Transportation Agency (CTA) ordered Air Canada and Porter Airlines to revise certain domestic tariff provisions. A tariff is the contract between the carrier and the passenger which contains an air carrier’s terms and conditions of carriage. Tariff provisions are enforceable by the CTA.

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Committee on Transport and Tourism of the European Parliament publishes Draft Report on the Commission's proposal for a new Air Passenger Rights Regulation

On August 26, 2013, the Committee on Transport and Tourism of the European Parliament has published a Draft Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air.

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Austrian Supreme Court: ticket office must disclose commission

The defendant runs a ticket office which sells theater and concert tickets through the internet. In the course of the online booking process, the website showed the total price of the respective ticket and the information "ticket price includes booking fee and VAT". Only the General Conditions of Contract contained the information that the booking fee/commission ammounted to 25 percent of the net ticket price.

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USA: Cruise industry adopts passenger bill of rights

Cruise Lines International Association (CLIA) is the world's largest cruise industry trade association with representation in North and South America, Europe, Asia and Australasia. CLIA represents the interests of cruise lines, travel agents, port authorities and destinations, and various industry business partners before regulatory and legislative policy makers. CLIA is also engaged in travel agent training, research and marketing communications to promote the value and desirability of cruise holiday vacations with thousands of travel agency and travel agent members.

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UK: Civil Aviation Authority and Office of Fair Trading warn travel industry not to mislead consumers

A new guidance launched by the Civil Aviation Authority (CAA) and the Office of Fair Trading (OFT), is aimed at airlines, price comparison websites, travel agents and tour operators, and is designed to make sure the travel industry is fully aware of its responsibilities under existing consumer legislation. The document makes clear that the travel industry must provide consumers with the information they need, when they need it and in a transparent way they can clearly understand.

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Report on new tourism legislation in China

According to a report by China.org.cn, the Standing Committee of the 12th National People's Congress adopted a law on tourism in an effort to protect the rights of tourists and clear the way for the industry's sustainable development. Reportedly, the new law outlines measures to address key problems -- unfair competition, wanton price hikes, and forced goods purchases -- which have plagued the travel industry and aroused strong public discontent in China.

Find article here>>.

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Canada: new Air Price Advertising Rules

In December 2011, the Government of Canada announced that the Canadian Transportation Agency would develop regulations requiring all-inclusive air price advertising. These regulations are now published on Part II of the Canada Gazette.

The regulations support two key objectives:

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