News

U.S. Supreme Court: Frequent flier claim preempted by Airline Deregulation Act

Northwest terminated Rabbi S. Binyomin Ginsberg’s membership in its frequent flyer program, apparently based on a provision in the fre­quent flyer agreement that gave Northwest sole discretion to deter­mine whether a participant had abused the program. Rabbi Ginsberg filed a suit, asserting, that Northwest had breached its contract by revoking his membership status without valid […]

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German Supreme Court (BGH) asks CJEU for preliminary ruling in air ticket pricing case

According to Article 23(1) of Regulation (EC) No1008/2008 on common rules for the operation of air services in the Community, air fares and air rates available to the general public shall include the applicable conditions when offered or published in any form, including on the Internet, for air services from an airport located in the

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U.S. Court of Appeals: Montreal statute of limitations begins to run when aircraft arrives – even if the claim has not yet accrued

On December 26, 2008, Panansam Narayanan boarded a British Airways flight from Los Angeles, California, to Bangalore, India, with an intermediate stop in London, England. Mr. Narayanan, who suffered from terminal lung disease, was assured prior to boarding that should he need it, supplemental oxygen would be provided to him during the flight. During the

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CJEU: a Member State must not require an air carrier licensed in another Member State to obtain permission to enter its airspace

International Jet Management, an airline company with its seat in Austria, operated private flights from Moscow and Ankara to Germany without having the authorisation, required by the German legislation, to enter German airspace. In criminal proceedings against International Jet Management,the German Apellate Court (Oberlandesgericht Braunschweig) filed a request for preliminary ruling of the Court of

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Norway: heavy cruise lines to be banned from visiting Svalbard archipelago

Norway is about to implement a heavy fuel oil ban on parts of the Svalbard archipelago in 2015. Such ban would prohibit larger cruise vessels from entering the waters near the archipelago’s national parks. Future visits to the area therefore will consist mainly of smaller expedition vessels. The ban is similar to that which came

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Ontario: claim against Mexican hotel stayed for lack of jurisdiction

In the spring of 2006, the plaintiff, AngelaHaufler, was injured while on vacation in Mexico with her mother, a friend, and the friend’s mother. The injury occurred while she was participating in an all-terrain vehicle (“ATV”) excursion. She was immediately flown back to Canada for treatment.As a result of the injuries she sustained, AngelaHauflercommenced this

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European Union: Parliament votes to extend protection for package holiday travellers

The current EU rules on package holidays date back to 1990. Since then, the growth in cheap flights and internet sales has significantly changed the way travellers plan and buy holidays. However, many of these holidays customised on the internet are not covered by the current rules and travellers risk ending up in a legal

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Austrian Supreme Court: tour operator liable for floatplane boarding accident

The plaintiff had booked a package to the Maldives with the defendant. The package included a transfer by floatplane from Malé to the island where the hotel was situated. Accorsing to the Operating Manual of the carrier, it is necessary to moor the floatplane with three ropes. The crew is required to stand at each

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