USA

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Travel Agent Arbiter in US Digitizes all substantive decisions

The US Travel Agent Arbiter has completed his project to Digitize all substantive decisions with key words such as “reasonable care” or “fiduciary duties”.  They are available from the TAAP Hqs  at 9401 Battle St, Manassas, Va USA   20110  or by phone  703-530-9002.

Reported to IFTTA by Al Anolik

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Florida: Costa Concordia lawsuit dismissed

A lawsuit against Carnival Corp. stemming from the Costa Concordia accident was dismissed Sept. 28 in Florida. The judge stated it should be refiled in Italy. About 1,000 businesses on the island of Giglio, where the Costa ship capsized, moved to sue Carnival in Miami, where it is headquartered, instead of Italy, where Costa is based.

Source: Travel Pulse; find article here>>.

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USA: cruise ship forum-selection clause upheld

The US Court of Appeals for the Eleventh Circuit affirmed dismissal of an action brought by the estate of a passenger against the operator of a cruise ship on which the passenger died after contracting a bacterial infection. The dismissal was made on the basis of the forum-selection clause in the passage contract, which provided that all personal injury claims were to be litigated in the courts of England and Wales and be governed by English law.

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California: new law allows travel agents to sell travel insurance

The new law (AB 2354), which takes effect Jan. 1, 2013, permits travel agents to offer and disseminate travel insurance under the license of the “limited lines” insurance producer they work with, as long as certain consumer protections are followed. Before the law takes effect, the insurance commissioner will establish new procedures for insurance providers to follow.

Source: Travel Pulse; find article here>>.

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USA: defamation lawsuit against TripAdvisor dismissed

TripAdvisor.com provides information on various hotels, resorts and restaurants worldwide. Visitors to TripAdvisor's website can review these businesses by responding to surveys or post comments about their personal experiences. Based on these reviews, TripAdvisor compiles and publishes rankings, categorizing the businesses listed. In 2011 a ranking of "dirtiest hotels" identified the Grand Resort Hotel & Convention Center in Pigeon Forge, Tennessee, as the "dirtiest hotel in America".

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USA: court decides on passenger complaint against cruise ship operator

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.

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USA: Federal Aviation Administration to reexamine passenger use of portable electronic devices on board aircraft

On August 28, 2012, the Federal Aviation Administration (FAA) released a request for comments on current policy, guidance, and procedures that aircraft operators (ranging from pilots of general aviation aircraft up to and including air carrier certificate holders at the major airlines) use when determining if passenger use of portable electronic devices (PEDs) may be allowed during any phase of flight on their aircraft.

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USA: DOT fines companies for violating Consumer Protection and Price Advertising Rules

The U.S. Department of Transportation (DOT) fined online travel agent Travelocity $180,000 for violating the Department’s rule on full-fare advertising by failing to include fuel surcharges and other fees in advertised airfares and ordered it to cease and desist from further violations.

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USA: Airlines lose appeal against DOT fare rules

The U.S. Court of Appeals in Washington has upheld the Transportation Department’s full-fare advertising and fare refund rules that had been challenged by Allegiant, Spirit and Southwest. The rules that require airlines and travel sellers to quote full prices with all taxes and mandatory fees includedwent into effect last year. The airlines had challenged that provision on the grounds that there is nothing “inherently” deceptive about showing taxes separately, as is commonly done in most other industries.

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USA: new law to require airlines to seat families together?

Rep. Jerrold Nadler (D-N.Y.) is introducing legislation that would prevent families from being separated because of airline fees for priority seats like aisles and windows. The bill, which has been dubbed the Families Flying Together Act of 2012, would direct the Department of Transportation to enforce the family seating requirement.

Source: The Hill; find article here>>.

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