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CJEU: inclusion of flight cancellation insurance as a default setting unlawful when selling air tickets over the internet

A German consumer-protection association has taken proceedings against ebookers.com before the German courts with a view to requiring that company to refrain from automatically including cancellation insurance with the air fare:ebookers.com Deutschland operates an online portal by which it sells air travel. When a customer selects a specific flight during the booking process, the costs […]

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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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Austria: regulation on proper rail passenger behaviour

A new regulation by the Federal Ministry for Transport, Innovation and Technology provides detailed rules on the behaviour of railway passengers and other users of railway premises. It inter alia interdicts to carry along dangerous animals or items (like weapons), to throw things from the train and to enter restricted areas.The full text of Regulation

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Austria: Appelate court decides on “fly all or pay up” clauses

In their General Conditions of Carriage, Lufthansa and Austrian Airlines had incorporated clauses which provided that a passenger who doesn’t use all the flight coupons of his ticket or doesn’t use them in the original order can be required to pay up to the tariff applicable at the time of booking for the actual routing

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Spain: Court of Appeal of Barcelona regards Ryanair’s boarding pass printing policy lawful

On October 5, 2011 the Court of Appeal of Barcelona delivered a judgment in a case concerning Ryanair’s policy with regard to printing boarding passes: the claimant had been charged EUR 40 by Ryanair because he had appeared at the airport without a printed bording pass. He sued for reimbursement of this “fine” and requested

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USA: Transportation Secretary queried on EU Emissions Trading System

At a June 6 hearing of the Senate Commerce Committee, Transportation Secretary Ray LaHood was questioned about whether the Administration would support legislation to prohibit American airlines from participating in the European Union’s Emissions Trading System. Secretary LaHood, while saying that he wasn’t prepared to take a position on the legislation, did say that he

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ECJ Advocate General delivers opinion on rail passenger rights

In his opinion delivered on June 7, 2012, ECJ Advocate General Jääskinen came to the conclusion thatArticle8(2) of, in conjunction with Annex II, Part II, to, Regulation (EC) No1371/2007 on rail passengers’ rights and obligations is to be interpreted as meaning that information on main connecting services must include, in addition to scheduled departure times,

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Swedish Court asks ECJ for peliminary ruling regarding Montreal Convention and Reg. 261/2004

On March 29, 2012, the Swedish Högsta domstolen has referred the following questions to the ECJ for preliminary ruling:Does the carrier’s liability for damage caused by delay under Article 19 of the Montreal Convention also include cases where the passengers’ arrival at the destination is delayed as a result of non-operation of a flight? Does

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