England: Sexual Orientation Discrimination
By John Downes |
English v Thomas Sanderson Blinds Ltd. [2008] EWCA Civ. 1421E, a married man, had a contract of services with T for 9 years. He claimed that he had been subjected to homophobic banter over the years. It arose because a colleague had discovered that he had attended a private boarding ...
Read More UK. Airline – Religious Discrimination
By John Downes |
Eweida v BA PLC [2009] ICR 303BA's uniform policy prohibited the visible wearing of jewellery or personal items unless the wearing of the item was scripturally mandated and could not be concealed under the uniform. Even in the case of this exception, permission from management was required. E, a practising ...
Read More England: Article 17 of the Montreal Convention
By John Downes |
Barclay v British Airways PLC [2008] 1 Lloyds Rep. 661B was flying from Phoenix to Heathrow. She slipped on a plastic strip embedded in the floor of the aircraft as she was making her way along a row of seats to her own seat. She claimed under the provisions of ...
Read More Scotland. Montreal Convention Damages
By John Downes |
O'Carroll v Ryanair 2009 SCLR 125O, a married couple, successfully claimed against Ryanair in the Sheriff Court for a 48 hour delay in delivery of their luggage. The sheriff awarded £215 in compensation for out of pocket expenses and £535 for stress and inconvenience. R appealed on grounds that the ...
Read More England: Hot Air Balloon – Carriage By Air
By John Downes |
Laroche v Spirit of Adventure (UK) Ltd [2008] EWCA Civ. 12The court held that there was no logical reason to hold that a hot air balloon was not an aircraft for the purposes of the Carriage by Air Acts, which implements the Montreal Convention in the UK. A hot air ...
Read More England and Wales. Protection of the Environment
By John Downes |
The Conservation of Habitats and Species Regulations 2010The EC Habitats Directive was implemented in the UK by a series of Habitats Regulations. The Directive aims to protect biodiversity by conservation of natural habitats and species of wild flora and fauna. The aim of the 2010 Regulations is to consolidate more ...
Read More Scotland: Contract Law
By John Downes |
DFR Properties Ltd. v Glen House Properties 2007 SC 74.The Court of Session held that a term can only be implied to be part of a contract insofar as it is not inconsistent with the express terms.
Read More Reform of Scottish Arbitration Law
By John Downes |
Arbitration (Scotland) Act 2010The aim of the Act was to “set the scene for a renaissance of Scottish arbitration” and to provide a “modern, impartial and efficient arbitration regime”. It codifies existing Scots legislation and Case Law on arbitration.The New York Convention on Recognition and Enforcement of Arbitration Awards 1958 ...
Read More England: Occupiers’ Liability Act
By John Downes |
Tysall Ltd v Snowdrome, 28 July 2006.T was injured on S's premises whilst tobogganing. T set off sequentially with four others from the top of the slope. 50 metres down the slope there was a bend where one had to change direction and perform a 90 degree left hand turn. ...
Read More UK. Disabled Persons Rights to Access Aircraft
By John Downes |
Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007These set out offences and penalties for non-compliance with EC Regulation 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air. The CAA is responsible for enforcement. Complaints are ...
Read More England: Travel Agent’s Duty of Care
By John Downes |
Crosby v Fleetwood Travel [2007] CLYB 2127C booked an all-inclusive package holiday for himself and his family at Sharm El Sheikh. The day before departure there had been a terrorist attack but C was nonetheless told by the tour operator to go to the airport the next day. On arrival ...
Read More England and Wales: Tort Law Reform
By John Downes |
Compensation Act 2006This Act applies to England and Wales only. The aim, amongst other things, was to allay the common misperceptions that might lead to a disproportionate fear of litigation. Such fears were leading to the cancellation or withdrawal of otherwise normal activities. It applies to the Occupiers' Liability Acts ...
Read More England: Hotel Contract
By John Downes |
Bedford v TUI UK Ltd. (Trading as Austravel) 12 October 2006.B booked a trip that included stays at various cities in the Far East and Australia, including a 5 night stay at a 4 star hotel in Sydney. The total cost was £4203. At the time of booking it was ...
Read More Welsh Government
By John Downes |
Government of Wales Act 2006The Government of Wales Act 1998 did not establish the Welsh Administration as a separate entity from the National Assembly for Wales. This changes that by creating the Welsh Assembly Government as a separate entity from the National Assembly. The Government is accountable to the National ...
Read More Package Holiday Case
By John Downes |
Bellinger v TUI UK Ltd. [2007] CLYB 2125B made a telephone booking for a package holiday which included half-board provision at a hotel. The brochure indicated that this included breakfast plus lunch or dinner and that a supplement was payable. There was no reference to the number of courses served ...
Read More UK: Equality Act
By John Downes |
Equality Act 2006This Act established the Commission for Equality and Human Rights (CEHR) and sets out its purpose, functions and powers. It takes over the functions and powers of the Commission for Racial Equality, Equal Opportunities Commission and the Disability Rights Commission. It is responsible for promoting equality and combating ...
Read More Alaska Cruise Association lawsuit terminated
By Michael Wukoschitz |
Attorney General Dan Sullivan announced last Thursday that the Alaska Cruise Association (ACA) has officially terminated its lawsuit against the state's excise tax on cruise ship passengers.A stipulation filed with the U.S. District Court for Alaska dismisses with prejudice the lawsuit that was filed against the state last September. In ...
Read More European Union: airline blacklist updated
By Michael Wukoschitz |
The European Commission has updated the list of airlines banned in the European Union to include one carrier from Surinam and to expand the operating restrictions on Iran Air. In addition, two carriers from Indonesia have been removed from the list of banned airlines.Source: EU Press Release IP/10/892 of July ...
Read More European General Court: prohibition of Ryanair’s takeover of Aer Lingus valid
By Michael Wukoschitz |
Following the privatisation of Aer Lingus by the Irish Government in 2006, Ryanair acquired a shareholding of 19.16 % in the share capital of that company. On 23 October 2006, Ryanair launched a public bid for the entire share capital of Aer Lingus and notified the Commission a week later ...
Read More USA and Barbados Reach Open-Skies Aviation Agreement
By Michael Wukoschitz |
The United States and Barbados have reached an Open-Skies Agreement that will liberalize U.S.-Barbados air services for airlines of both countries. Barbados will become the 99th U.S. Open-Skies partner. Upon signature of the agreement, airlines from both countries will be allowed to select routes, destinations and prices for both passenger ...
Read More Argentina: New Ministry of Tourism
By Michael Wukoschitz |
Argentinean President, H.E. Cristina Fernández de Kirchner, announced the move to separate the Ministry of Tourism from the existing Ministry of Industry and Tourism and named Carlos Enrique Meyer, previously Secretary of State for Tourism, as Minister of Tourism.UNWTO welcomes that several countries have recently placed tourism higher on their ...
Read More Europe: Commission launches campaign to inform passengers about their rights
By Michael Wukoschitz |
A Europe-wide publicity campaign in 23 languages launched by the European Commission is meant to provide passengers with easier access to information about their rights when travelling by rail or air. As part of the "Your Passenger Rights At Hand" campaign a website has been launched. Here people are able ...
Read More European Commission: New strategy for stimulating tourism in Europe
By Michael Wukoschitz |
The commission's tourism development plan features 21 proposals, many aimed at attracting more visitors to Europe from fast-developing countries like China, Russia and Brazil. But it also spells out ways to increase travel within the EU, including greater coordination of school holidays to lengthen the holiday season.The commission is proposing ...
Read More Israeli tour guides permitted to return to Bethlehem
By Michael Wukoschitz |
According to an agreement between the Israel Ministry of Tourism and tourism officials in the Palestinian Authority, Israeli tour guides and tour operators have been permitted to return to Bethlehem for the first time in nearly a decade. Prior to this agreement, Israeli guides were not allowed to work in ...
Read More USA: Cruise Line Vessel Security and Safety Act passes the House
By Michael Wukoschitz |
The Cruise Line Vessel Security and Safety Act of 2009 passed the House on Wednesday evening; the Senate has already unanimously approved the bill. The approved legislation is a significant victory for cruise passengers' rights and is now being sent to President Barack Obama for his signature.The bill requires the ...
Read More UNWTO Reports International Tourist Arrivals Up 7 Percent
By Michael Wukoschitz |
International tourist arrivals grew by 7 percent in the first four months of 2010 according to the latest issue of the UNWTO World Tourism Barometer. This growth confirms the recovery trend beginning in the last quarter of 2009 and comes despite the challenging conditions of recent months. While April's results ...
Read More USA: law suit against government bodies over “No Fly List”
By Michael Wukoschitz |
The American Civil Liberties Union (ACLU) filed a first-of-its-kind lawsuit on behalf of 10 US citizens and lawful residents who are prohibited from flying to or from the United States or over US airspace because they are on the government's "No Fly List" against the US Department of Justice, the ...
Read More Germany: ban of external guided tours at “documenta” exhibition justified
By Michael Wukoschitz |
"Documenta" is one of the most important exhibitions of modern and contemporary art which takes place in Kassel, Germany every five years. In a judgement of May 4, 2010, OLG Frankfurt (Case 11 U 70/09) decided that the managing company of the event is allowed to ban external suppliers, in ...
Read More USA: airline food unsafe?
By Michael Wukoschitz |
Food and Drug Administration (FDA) reports found that many meals served to passengers on major airlines are prepared in unsanitary and unsafe conditions. The FDA reports say many facilities store food at improper temperatures, use unclean equipment and employ workers who practice poor hygiene. At some, there were cockroaches, flies, ...
Read More IATA criticizes European Union’s response to Volcano crisis
By Michael Wukoschitz |
The International Air Transport Association (IATA) criticized the European Union's response to the eruption of the Iceland volcano in April, saying that it cost the European economy 5 billion euros. Giovanni Bisignani, IATA's Director General and CEO during a meeting of EU Transport Ministers also said Europe must review its ...
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