News

German Supreme Court: mandatory tips on cruise ships have to be included in final the price of the arrangement

The defendants , a cruise operator and its German representative, had advertised cruises in a German railway journal. The indicated price “from EUR 799 per person” had a footnote which said that in addition, cruise passengers at the end of the cruise are committed to pay a tip of EUR 7 per person for each …

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IFTTA Law Review 2-2015 online

The latest edition of the IFTTA Law Review is now available online in the members area of the website. It contains an article by Stefan Koch on Ship emmissions and International Maritime Law as well as reports on this year’s IFTTA North America Conference and the 8th IFTTA Europe Workshop. Enjoy reading!

Air carriers to stack passengers in aircrafts?

According to a report published on telegraph.co.uk, aircraft manufacturer Airbus has designed a mezzanine level for planes which would stack passengers above others. However, it is questionable, that the invention will ever make it past the design stage. To read the article which also contains sketches of the mezzanine level seating, see http://www.telegraph.co.uk/travel/travelnews/11914067/Airbus-designs-mezzanine-to-seat-plane-passengers-on-top-of-each-other.html

Nevada: Seller of travel registration law repealed following six-year suspension

Nevada Governor Brian Sandovalsigned a billon June 10, 2015 repealing a law, that for decades, required all travel agencies doing businesswith Nevada consumers to register, maintain trust accounts and support a consumer recovery fund. Prior to the repeal, the Nevada legislature instituted three suspensions of the seller-of-travel law (NRS 598.305 – 598.395) for two-year periods …

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Australia: New South Wales Supreme Court decides on jurisdiction in hotel liablility case

The plaintiff was injured during a family holiday in Bangkok in June 2013. She was a guest at the Mandarin Oriental Hotel, and was participating in a Thai cookery class conducted by the Hotel when the floorboards on which she was standing gave way, causing her to injure her shoulder.The defendant (hotel owner) sought an …

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Germany: operator of a hotel review website not liable for insulting postings

The plaintiff, a hotel company, sued the operator of a hotel review website over a posting which alledged that in the plaintiff’s hotel the guests got “only bed bugs for the EUR 37,50 paid per night”. The defendant’s website offers the opportunity to post hotel reviews and rate hotels. A special software is scanning the …

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IFTTA Law Review 1-2015 available online

The IFTTA Law Review 1-2015 has been uploaded to the members’ area of the IFTTA website. It contains articles on the European Passenger Rights Regulations (Tobias Eberharter), the Israeli experience with the cancellation of airline commissions to travel agents (Dov Kolani) and the issue of forseeable hazards in the toursim legislative framework (Jacqueline Tanti Dougall). …

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Austria: Supreme Court decides on tour organizer liability for accident at local excursion

The plaintiff had booked a package to the Dominican Republic with the defandant. Defendant’s terms and conditions provided that with regard to third party services (such as local excursions), the defendant was only liable for proper intermediation but not for the proper performance of the services themselves. Defendant’s local representative in the Dominican Republic distributed …

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Germany: two new Supreme Court decisions on air passenger rights

On March 17, 2015 the German Supreme Court (BGH) has passed two judgements with regard to Regulation (EC) 216/2004.The first judgement relates to an infant flying free of charge with the parents. As the flight was delayed for more than 6 hrs at arrival a law suit was filed for compensation pursuant to Reg. 261/2004. …

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