On 12 February 2013, the Ministry of Transport of the Russian Federation published on its website the draft Federal Law on the Accession of the Russian Federation to the Convention for the Unification of Certain Rules for International Carriage by Air of 28 May 1999 ("Montreal Convention").
Following the crash of a King Air 100 in which he was injured as a passenger, James Ratt brought a claim against a number of parties including the Candadian Minister of Transport and the Government on the grounds that their implementation of the safety management systems within the regime created by the Canadian Aviation Regulations created a lax regulatory environment that contributed to the circumstances of the crash. However, the court concluded that neither party owed the passenger a duty of care.
The plaintiff's father was booked on a flight from Vienna to Istanbul, operated by the defendant. He intended to check two suitcases and keep a smaller bag as cabin luggage. Upon check-in the passenger was told that with regard to its size and weight the bag did not meet the requirements for cabin luggage. He was asked to open the bag and the airline staff at the check-in desk could see that it contained variuos documents, some jewellery, antiques and several spectacles.
In the event of cancellation of a flight, the air carrier is obliged, under Reg. 261/2004/EC, to provide care to passengers as well as to provide compensation. As regards the obligation to provide care, the air carrier must provide free of charge, in light of the waiting time, refreshments, meals and, where appropriate, hotel accommodation and transport between the airport and place of accommodation, as well as means of communication with third parties.
In a case reported earlier, the Austrian Civil Supreme Court has now deleivered the final judgment. The plaintiffs had missed their Antarctica cruise following a delayed departure of their feeder flight to Frankfurt caused by snow covered runways at the Vienna airport. They sued the carrier and the airport for damages.
The Montreal Convention provides that an air carrier must pay compensation to each passenger, limited to 1 000 Special Drawing Rights (‘SDRs’) per passenger, in the event of the loss of his baggage during a flight operated by the carrier or while the baggage was in the carrier’s charge. The carrier must provide passengers with an identification tag for each piece of checked baggage.
The Russell family booked a holiday package to Spain. At the time of booking they made clear that they were not seasoned travellers and specifically requested accommodation which was suitable for young children because they took along their 4 year old daughter. They were duly reassured. At the hotel they were allocated to a room with a glass balcony door. Shortly after arrival, while the parents were unpacking, the girl ran towards the door. She failed to realise that it was still shut and collided with it.
The US Court of Appeals for the Eleventh Circuit ruled that a complaint filed by passengers against a cruise ship operator that alleges specific facts that, if proven, would sustain a finding of negligence is sufficient to withstand a motion for dismissal. In the instant case, plaintiffs alleged that an employee of the cruise ship operator encouraged them to go on a specific excursion during an island port call. They went on the excursion which included transportation on an open-air bus. The bus encountered the funeral service for a member of a local crime gang.