Consumer Protection

Michael Wukoschitz's picture

USA: Airlines lose appeal against DOT fare rules

The U.S. Court of Appeals in Washington has upheld the Transportation Department’s full-fare advertising and fare refund rules that had been challenged by Allegiant, Spirit and Southwest. The rules that require airlines and travel sellers to quote full prices with all taxes and mandatory fees includedwent into effect last year. The airlines had challenged that provision on the grounds that there is nothing “inherently” deceptive about showing taxes separately, as is commonly done in most other industries.

Michael Wukoschitz's picture

UK and Unfair Contract Terms Reforms

The Scottish Law Commission and the Law Commission for England and Wales have opened a consultation on proposals to protect consumers from unfair terms hidden in small print.

Michael Wukoschitz's picture

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:

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ECJ Advocate General: distance contract not preconditional for consumer forum

With regard to a reference for preliminary ruling filed by the Austrian Civil Supreme Court, ECJ Advocate General Cruz Villalón in his opinion delivered on May 24, 2012 suggested that Article 15 of the Brussels I Regulation should not be interpreted as requiring a distance contract between the consumer and the entrepreneur.

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European Commission launches new European Consumer Agenda

The European Commission has adopted its strategic vision for EU consumer policy for the years to come which aims to maximise consumer participation and trust in the market.

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USA: DOT fines ticket agent and Qantas for advertising violations

The U.S. Department of Transportation (DOT) fined ticket agent Unister USA, also known as Flights24.com, USD 30,000 for violating the Department’s rules on fare advertising and disclosure of code-share flights.

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European Court of Justice: insolvency protection also applies in case of a package organiser’s fraudulent conduct

The Landgericht Hamburg (Regional Court, Hamburg, Germany) had asked the ECJ whether the protection of consumers pursuant to article 7 of the Package Travel Directive (PTD) also applied where the insolvency was attributable to fraudulent conduct on the part of the travel organiser. The Landgericht Hamburg must rule on the action brought by Mr Blödel-Pawlik against HanseMerkur Reiseversicherung AG, a German insurance company, concerning its refusal to refund the cost of package travel which did not take place because of the insolvency of the travel organiser, Rhein Reisen GmbH.

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USA: New York law firms file class action against Costa

As reported by "Travel Weekly", New York-based personal-injury law firm Proner and Proner said it joined forces with Codacons, the Italian consumer-protection organization, in filing a class action against Costa Cruises. A second New York law firm, Napoli Bern Ripka Shkolnik, also will represent passengers in the class action.

Proner said that the suit will seek at least USD 160,000 for each passenger who was aboard the ship at the time of the Jan. 13 disaster near the Italian island of Giglio.

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European Union: new Directive on Consumer Rights published in Official Journal

The new Directive 2011/83/EU of the European Parliament and the Council of Oct. 25, 2011, on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council has been published in today's edition of the Official Journal of the European Union.

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European Consumer Centre Network launches Air Passengers Rights Report 2011

On October 28th 2011, the European Consumer Centres Network (ECC-Net) launched the report “Air Passengers Rights Report 2011 – in the aftermath of the Volcanic Ash Crisis”. The report focuses on several aspects regarding air passengers’ rights in the EU today, in particular during 2010.

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