Michael Wukoschitz's blog

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Article on hotel classification in Ireland

"Fáilte Ireland" is the National Tourism Development Authority of Ireland. The authority was established under the National Tourism Development Authority Act of 2003. Fáilte Ireland has sub-contracted its accommodation registration assessment and classification functions to Tourist Accommodation Management Services Ltd (TAMS). An article by Mason Hayes & Curran published Dec. 3, 2013 on "Lexology" provides information on the classifcation procedure and the mandatory registration of hotels.

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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).

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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

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Australia to abolish travel agents licensing

Travel Agents Repeal Bills were introduced into parliament on 13 November 2013 (Victoria) and on

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CJEU decides on jurisdiction in package travel case

The plaintiffs, domiciled in Bludesch (Austria), booked and paid for themselves, as private individuals, a package holiday to Egypt on the website of a German online travel agent. The OTA, a company whose registered office is in Munich (Germany), stated that it acted as the travel agent and that the trip would be operated by a particular our operator, which has its registered office in Vienna (Austria).

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European Court of Human Rights: few hours' detention of airline passenger for airport security checks not excessive

In its decision in the case of Gahramanov v. Azerbaijan (application no. 26291/06) the European Court of Human Rights (ECHR) has, by six votes to one, declared the application inadmissible. The decision is final.

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Conference on latest developments in European Travel Law at ERA in Trier, Dec. 5-6, 2013

The Academy of European Law (ERA) will be holding a conference on the latest developments in European Travel Law in Trier (Germany) on Dec. 5-6, 2013. The objective of this conference is to analyse the existing legislative framework in the field of travel law at EU level and proposals for reform, focusing on package travel and air passengers’ rights. The conference language is English. The key topics of the conference include:

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CJEU: Including fingerprints in passports is lawful

Mr Schwarz applied to the Stadt Bochum (city of Bochum, Germany) for a passport, but refused at that time to have his fingerprints taken. After the city rejected his application, Mr Schwarz brought an action before the Verwaltungsgericht Gelsenkirchen (Administrative Court, Gelsenkirchen, Germany) in which he requested that the city be ordered to issue him with a passport without taking his fingerprints. Regulation No 2252/2004 provides that passports are to include a highly secure storage medium which must contain, besides a facial image, two fingerprints.

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USA: DOT fines United Airlines USD 1.1 million for lengthy tarmac delays

The U. S. Department of Transportation (DOT) on Oct. 25, 2013, fined United Airlines USD 1.1 million for lengthy tarmac delays that took place at Chicago-O’Hare International Airport on July 13, 2012.   The airline was ordered to cease and desist from future violations of the tarmac-delay rule. This is the largest fine assessed for a tarmac-delay violation since the rule limiting long tarmac delays first took effect in April 2010.

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European Court of Human Rights affirms internet news portal's liability for offensive online comments of its readers about a ferry company

In January 2006, Delfi AS, a public limited company registered in Estonia and owner of one of the largest internet news sites in the country, published an article on its webpage about a ferry company. It discussed the company’s decision to change the route its ferries took to certain islands. This had caused ice to break where ice roads could have been made in the near future. As a result, the opening of these roads – a cheaper and faster connection to the islands compared to the ferry services – was postponed for several weeks.

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