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UK: High Court seeks ECJ clarification of passenger rights

The UK High Court suspended U.K. courts from hearing any more compensation cases for delays against airlines. It has ordered the suspension while it asks the European Court of Justice to review the November 2009 ruling (joint cases C-402/07 – Sturgeon v. Condor and C-432/07 Böck, Lepuschitz v. Air France) extending the claim for compensation […]

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UK: law suit over unverified TripAdvisor reviews?

KwikChex, a U.K. reputation-management company is soliciting plaintiffs and financial support within the travel industry for a class action against TripAdvisor, alleging that the travel-review site’s unverified reviews can be false, defamatory and libelous. KwikChex claims “tens of thousands” of businesses have been negatively affected by TripAdvisor’s user-generated reviews. It has not disclosed how many

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Sweden: reference for ECJ preliminary ruling with regard to advertising entry-level prices for travel and tourist services

Ving Sverige AB, a Swedish travel company advertised New York trips in newspaper ads, indicating an entry level price only. The Swedish consumer ombudsman (Konsumentombudsmannen) sued for unfair competition as he regarded it necessary to indicate a specific price whereas advertising an enty-level price only was misleading.The Swedish court (Marknadsdomstolen) referred the follwoing questions to

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Austria: Supreme Court decides on loss of holiday enjoyment again

Two youngsters booked a holiday package to Greece, mainly for the purpose of “having party”. They therefore chose a beach hotel close to several bars, discos and other entertainment places. The tour operator, however, accomodated them in a different hotel, about 12 km away. They therefore had to take a bus or taxi to reach

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Australia: agents win final fuel case battle against Qantas

The High Court of Australia has dismissed an application by Qantas to challenge a Federal Court ruling in May that it owes commissions to travel agents because of failing to include fuel surcharges when calculating the commission paid to agents on international ticket sales.As a result of the High Court decision the case now goes

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UK: online advertisements will come under the regulation of the Advertising Standards Authority

From next year, the rules in the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the CAP Code) will apply in full to marketing communications online, including the rules relating to misleading advertising, social responsibility and the protection of children. The remit will apply to all sectors and all businesses and organisations regardless

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California: no private right to sue under state tip law

The Supreme Court of California has ruled in Lu v. Hawaiian Gardens Casino, Inc., No. S171442 (Aug. 9, 2010) that the California law prohibiting employers from taking or sharing in tips left for employees by customers does not give private litigants a right to sue their employers directly for an alleged misappropriation of tips. The

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USA: Civil Liberties Groups suing DHS over laptop seizure at borders

The American Civil Liberties Union (ACLU), the New York Civil Liberties Union and the National Association of Criminal Defense Lawyers (NACDL) filed a lawsuit challenging the Department of Homeland Security’s (DHS) policy permitting border agents to search, copy and detain travelers’ electronic devices at the border without reasonable suspicion. DHS asserts the right to look

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