Michael Wukoschitz's blog

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USA: new DOT web page on Passenger Cruise Ship Information

To assist cruise ship passengers, the U.S. Department of Transportation has set up a web page sharing information and resources provided by other Federal agencies. The information covers "Consumer Assistance", "Vessel Safety", "Cruise Line Incident Reporting Statistics" and "Criminal Activity Prevention and Response Guide (Security Guide)". The new web page is available at http://www.dot.gov/mission/safety/passenger-cruise-ship-information.

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Canada: denied boarding claim dismissed by Ontario Superior Court of Justice

The plaintiff booked a seven-day trip to Jamaica with WestJet. On September 18, 2011he was given a boarding pass for the outward flight when he presented his Canadian citizenship card at the airport. After a week in Jamica, he presented himself for boarding for the return flight but was denied baording because  he did not have a passport but only presented his Canadian driver's licence, health card and social insurance card. The plaintiff  protested, arguing that the citizenship card had been sufficient for him to travel to Jamaica.

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CJEU: passport cancelled - visa lives on

On 8 October 2010, an Indian citizen travelled from Moscow to Riga with Air Baltic. At the border control at Riga airport, he presented a valid Indian passport without a visa and a cancelled Indian passport to which a valid uniform visa issued by Italy was affixed. The Indian citizen was refused entry into Latvia on the ground that he did not have a valid visa. Moreover, the Latvian authorities imposed a fine of LVL 2 000 (approximately €2 850) on Air Baltic for transporting to Latvia a person without the travel documents necessary to cross the border.

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CJEU provides another clarification of the Air Passenger Rights Regulation (EC) 216/2004

In its judgement of today, the Court of the European Union (CJEU) held that the ‘arrival time’, which is used to determine the length of the delay to which passengers on a flight have been subject, corresponds to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.

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IFTTA Law Review 2-2014 available online

The IFTTA Law Review 2-2014 is now available online. It contains an article by Maria Goretti Sanches Lima on The Brazilian World Cup Statute and Part 1 of IFTTA's Submission to the UNWTO on the Draft Convention on the Protection of Tourists and Tourism Service Providers. The journal can be downloaded from the members area.

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USA: TSA announces tighter security measures at certain airports

The Department of Homeland Security (DHS) directed the Transportation Security Administration (TSA) to implement enhanced security measures in the coming days at certain overseas airports with direct flights to the United States. All electronic devices are screened by security officers. During the security examination, officers may also ask that owners power up some devices, including cell phones. Powerless devices will not be permitted onboard the aircraft. The traveler may also undergo additional screening.

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USA: court finds 'No Fly List' unconstitutional

A federal judge in Orgeon struck down as unconstitutional the government’s procedures for people on the No Fly List to challenge their inclusion.

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German Supreme Court: general strike or breakdown of the radar system qualify as "extraordinary circumstances"

The German Supreme Court (BGH) recently decided two cases related to flight delays.

In the first case, the plaintiff's flight from Frankfurt/Main to Menorca was delayed more than 3 hrs because of a general strike in Greece which affected the previous circulation of the aircraft. The return flight to Frankfurt was also delayed more than 3 hrs because of a breakdown of the radar system in the Greek airspace which, again, delayed the arrival of the aircraft from a previous circulation.

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More references for CJEU prelimiary ruling on Air Passenger Rights Regulation lodged by German courts

With regard to Reg. EC No 261/2004 (" Air Passenger Rights Regulation") the follwowing issues have recently been referred to the CJEU by German courts:

1. Reference of Feb. 4, 2014 by Landgericht Hannover  (C-79/14 - TUIfly):

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European Commission: Member States still need to strengthen enforcement of air passenger rights

The European Commission has published today a review of passenger rights' complaint handling and enforcement in the European air transport sector between 2010 and 2012. The review shows that complaints to national authorities for compensation and assistance have returned to lower levels since the exceptional year 2010 (ash cloud crisis, snow disruptions). Also, airlines get sanctioned in only 1% of the cases as most of the complaints are settled without having to resort to such measures in order to ensure enforcement.

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