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USA: Delta fined for non-compliance with Air Travelers with Disabilities Rules

The U.S. Department of Transportation (DOT) imposed a civil penalty of USD 2 million on Delta Air Lines for violating rules protecting air travelers with disabilities. The DOT’s investigation had revealed many violations of the requirement to provide assistance getting on and off the airplane as well as frequent failures to provide an adequate written […]

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Germany: no liability for copyright infringements by hotel guests through WLAN conncetion

A hotel owner who provides his guests with internet access through a customarily secure and encrypted WLAN connection has no liabilty if the guests or third persons use the internet connection for copyright infringements, a German court recently decided: there is no obligation to examination on behalf of the hotel owner. (LG Frankfurt/Main 18.08.2010, 2-6

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European Court of Justice: opinion on penalizing airport noise

In his opinion delivered on Feb. 17, 2011, Advocate General Pedro Cruz Villalon expressed his view that EU rules on maximum noise levels and operating restrictions do not prevent member states from imposing their own penalties if airlines make too much noise, as measured on the ground. He saw his challenge in finding a delicate

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USA: third attempt to introduce Air Passenger Bill of Rights

Rep. Congressman Mike Thompson, D-California, announced to introduce an “Air Passenger Bill of Rights of 2011” which would require all airlines to provide water, food, working toilets, ventilation and the option for passengers to deplane if there is an extended delay. The bill would not be limited to domestic flights but also apply to all

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Germany: yet another reference for preliminary ruling with regard to Reg. 261/2004

Amtsgericht Köln referred the following questions to the ECJ for preliminary ruling (summarized translation)Is the compensation according to Art. 7 to be regarded a non-compensatory compensation in the meaning of Art 29 of the Montral convention?If so: how has a compensation granted accoding to the Sturgeon decsison for reaching the final destination not earlier than

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Hotel must pay R$ 280,000,00 to man who lost his wife in crash (Brazil)

A man who lost his wife in fatal accident at the hotel where they spent their honeymoon will receive R$ 280,000,00 in damages for material and moral damages. The value was increased by the Fourth Chamber of the Superior Court of Justice (STJ).According to the documents, the woman died after falling from a height of

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USA: claims in Adam Air litigation dismissed under “forum non convenines” doctrine

Flight DHI 574 of Adam SkyConnection Airlines (“Adam Air”) crashed off the coast of Indonesia in 2007. Adam Air ceased operation in 2008. The representatives of 52 of the 102 decedents filed three cases which were consolidated in a multidistrict litigation (MDL) before the US District Court for Northern District of Illinois.The court applied the

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ECJ: Advocate General gives opinion on advertising entry-level prices for travel and tourist services

Swedish travel company “Ving Sverige” had advertised New York trips in newspaper ads, indicating an entry level price only. In his opinion of Feb. 3, 2011, Advocate General Paolo Mengozzi held that indication of an entry-level price would only fulfil the information requirements of Art. 7 of the Unfair Commercial Practices Directive (2005/29/EC) if indication

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Consumer Protection from Unfair Trading Regulations 2008

The law governing false or misleading statements which may be made in respect of travel arrangements, holidays, accommodation, facilities, prices etc. in the UK was long contained in the Trade Descriptions Act 1968 and the Consumer Protection Act 1987 Most of the provisions of these two Acts have now bee replaced by these Regulations which

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