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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 & […]

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CJEU: no distance contract required for consumer forum pursuant to Brussels I Regulation

Upon reference of the Austrian Supreme Court (OGH), the CJEU has held in its judgement of Sep. 6, 2012 in Case C-190/11 (Mühlleitner) that the consumer’s possibility of bringing proceedings before the courts of his Member State against a trader domiciled in another Member State is not subject to the condition that the contract was

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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

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UK: airlines to include debit card surcharges in headline prices

Following enforcement action of the U.K. Office of Fair Trading (OFT), 12 airlines have agreed to include debit card surcharges in the headline price rather than surprise consumers at the end of the booking process. Any surcharges for paying by credit card will be easy to find when booking online. Aer Lingus, BMI Baby, Eastern

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German Court challenges EU Regulation on security standards for passports and travel documents

In the case concerned, the claimant had filed for a new passport but refused to provide his finger prints. The city of Bochum has therefore denied the issuance of the passport and the claimant filed a law suit against the city of Bochum before the Administrative Court Gelsenkirchen.The court has doubts whetherthe European Union had

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Denmark: passengers of a cancelled flight entitled to rerouting at the earliest opportunity

The passengers had 4 return tickets for CPH – Accra/Ghana via AMS with KLM. The tickets were bought through a local travel agent. Original departure 19/12. On the 18/12 the flight was cancelled due to weather conditions in AMS. The passengers were rerouted to a departure 21/12. In the morning on the 21/12, that flight

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Germany: lugagge to be carried on a later flight is no legitimate reason to deny boarding

The plaintiff and his companions had booked a holiday package to Curacao. The flight MUC-AMS-CUR was to be operated by the defendant. The passengers’ luggage was checked through from MUC to CUR. The flight MUC-AMS arrived in AMS with a delay of 20 mins. Nevertheless, the passengers were able to reach the gate for the

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Canada: Transportation Agency decides in flight cancellation and overbooking cases

In five separate decisions of June 28, 2012, the Canadian Transportation Agency ruled on the reasonableness of international tariff provisions of Air Canada, WestJet and Air Transat, and domestic tariff provisions of Air Canada and WestJet relating to the overbooking, cancellation, delay and rerouting of flights.The Agency held that passengers should be able to fully

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Netherlands: new reference for ECJ preliminary ruling regarding air passenger rights

The Dutch Rechtbank Amsterdam has referred the following questions to the Court of Justice of the European Union:Should Articles 7 and 16 of the Regulation (EC) 261/2004, together with the principle of Union loyalty, be interpreted in such a way that those Articles (in conjunction with national law) create for an administrative authority like the

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