Hotels

Michael Wukoschitz's picture

CJEU decides on communication of broadcasts by TV sets installed in hotel

Upon request for preliminary ruling lodged by the Commercial Court Vienna, the CJEU held that the communication of television and radio broadcasts by means of TV sets installed in hotel rooms does not constitute a communication made in a place accessible to the public against payment of an entrance fee.

Michael Wukoschitz's picture

IFTTA Law Review 3-2015 available for download

The IFTTA Law Review 3-2015 is now available for download in the members area. It contains articles by Ernst Führich on the European Air Passenger Rights Regulation and by Ivo Mravicic ont the contractual relation between hotels and tour operators as well as a recent judgement of the CJEU with regard to the European Air Passenger Rights Regulation. Due to an error of the publishing company, the pdf file was only sent today. Hence the delay in making it available for IFTTA members online.

Michael Wukoschitz's picture

Australia: New South Wales Supreme Court decides on jurisdiction in hotel liablility case

The plaintiff  was injured during a family holiday in Bangkok in June 2013. She was a guest at the Mandarin Oriental Hotel, and was participating in a Thai cookery class conducted by the Hotel when the floorboards on which she was standing gave way, causing her to injure her shoulder.

The defendant (hotel owner) sought an order to stay the proceedings on the ground that

Michael Wukoschitz's picture

Germany: operator of a hotel review website not liable for insulting postings

The plaintiff, a hotel company, sued the operator of a hotel review website over a posting which alledged that in the plaintiff's hotel the guests got "only bed bugs for the EUR 37,50 paid per night". The defendant's website offers the opportunity to post hotel reviews and rate hotels. A special software is scanning the postings for potential insult or defamation. Postings which are not blocked by this software get published automatically. Upon plaintiff's complaint, the defendant immediately removed the posting but refused to sign a cease and desist declaration.

Michael Wukoschitz's picture

UK: Office of Fair Trading consults on amendments to proposed hotel online booking commitments

On Dec. 20, 2013, the UK Office of Fair Trading (OFT) opened a consultation on revised commitments proposed by Booking.com B.V. (Booking.com), Expedia Inc (Expedia) and InterContinental Hotels Group plc (IHG) designed to address competition concerns in relation to the online offering of room-only hotel accommodation bookings by online travel agents (OTAs).

Michael Wukoschitz's picture

UK: Supreme Court finds refusal of double room to same sex couple discriminatory

In its judgement of Nov. 27, 2013, in case Bull and another v Hall and another [2013] UKSC 73, the UK Supreme Court held that a same sex couple had been directly discriminated against because of their sexual orientation when they were refused a double room in a hotel. For religious reasons, Mr and Mrs Bull, the hotel owners, only permitted married couples to share a double room in their hotel and did not recognise civil partnership as equivalent to marriage.

Michael Wukoschitz's picture

Austrian Supreme Court: hotelier liable for legionella disease

In April 2003, the plaintiff stayed at the defendant's hotel. When using the shower she caught a legionella infection which led into a pneumonia. The reason for the contamination of the bathing water was an insufficient circulation speed which made the water cool down to a temperature that stimulated the reprduction of legionella bacteria. Up to (at least) March 2003, the hotelier had engaged a plumber to take care of the maintenance of the water pipe system.

Michael Wukoschitz's picture

IFTTA Law Review 3-2013 now available online

The IFTTA Law Review 3-2013 is now available in the members area of the IFTTA website. It includes an article by Paul Edelman on "The Athens Convention as applied in the United States and abroad to cruise line accident litigation", a report on IFTTA's 24th Conference in Prague by Klaus Tonner as well as court cases dealing with international iurisdiction in regard to hotel liability (USA) and air carrier liability according to the Montreal Convention (UK).

Michael Wukoschitz's picture

UK: Court of Appeal decides in broken glass door case

The case relates to an accident suffered by the plaintiff when on holiday in Barbados in September 2008. She had gone onto the balcony of her hotel room to read a book, closing
behind her the sliding glass balcony doors. When the telephone in her room rang a short time later, she got up from her chair and made to go back to the room, but she walked into

Michael Wukoschitz's picture

USA: “dirtiest hotel in America” not defamatory

In 2011, TripAdvisor rated Grand Resort Hotel and Convention Center in Pigeon Forge, Tennessee number one on its list of the “Dirtiest Hotels in America.” Grand Resort’s sole proprietor filed suit against TripAdvisor, alleging claims of defamation, false-light invasion of privacy, tortious interference with prospective business relationships and trade libel/injurious falsehood.  The district court granted TripAdvisor’s motion to dismiss, finding the list to be protected opinion and therefore not capable of being defamatory. The U.S.

Pages

X