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Austrian Constitutional Court: no state liability for alledgedly false application of the Package Travel Directive

The plaintiff (a lawyer) initially had sued a tour operator for mal-performance of a package travel contract. The claim had been dismissed by all instances as courts had held that the plaintiff had booked accomodation in a Dubai city hotel with half board and a shuttle service to the beach – and had exactly got […]

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Austria: first reference for ECJ preliminary ruling regarding rail passenger rights

The Austrian “Schienen-Control Kommission Wien” has filed a reference for preliminary ruling of the ECJ with regard to the following questions:Is Article 8(2) of, in conjunction with Annex II, Part II, to, Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations to

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German court regards ‘automatic’ inclusion of cancellation insurance to flight ticket price illegal

German Oberlandesgericht Jena recently held that it was an illegal trade practice to autmaticly include a cancellation insurance to the ticket price during the online booking process. Such practice would deceive the average consumer even if he had the option to avoid the inclusion of the insurance by unclicking the related tickbox. The deceptive practice

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Germany: the operator of a hotel review website has no obligation to verify user postings before publishing

In a recent decision the German Kammergericht Berlin held that the operator of a hotel review website has no obligation to verify user postings before publishing. A posting on a Swiss website had suggested that a certain hotel had a bed bug problem. Upon complaint of the hotelier, the operator of the website permanently deleted

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Austria: hotel operator not liable for injury of a guest who tried to repair a jamming glass door

The plaintiff who was a former share holder of a hotel company (the defendant) and also the former companion of the defendant’s director stayed in the defendant’s hotel as a guest, when the director asked him to do her the favour to look for a jamming glass door in the indoor pool area because she

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US DOT Fines Air Canada for Violating Price Advertising Rules

DOT Fines Air Canada for Violating Price Advertising RulesDOT 100-11The U.S. Department of Transportation (DOT) today fined Air Canada $50,000 for violating the Department’s rules prohibiting deceptive price advertising in air travel.“When passengers buy an airline ticket, they have a right to know how much they will have to pay,” said U.S. Transportation Secretary Ray

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USA: class action suit against YTB reinstated

The United States Court of Appeals for the Seventh Circuit in Illinois reinstated a class action lawsuit against YTB International, which offers booking websites and travel agent training. The class action is seeking $5 million in damages for more than 100 plaintiffs nationwide against Illinois-based YTB, also known as YourTravelBiz.com. The suit alleges that while

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