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 UK: Age Discrimination
By John Downes |
Employment Equality (Age) Regulations 2006These Regulations prohibit unreasonable discrimination against employees, jobseekers or trainees on grounds of age unless that discrimination can be objectively justified. Similar provisions were introduced for Northern Ireland. The Regulations have the same framework as other anti-discrimination legislative measures i.e. provisions on direct and indirect discrimination, ...
Read More UK: Civil Aviation. Bonding
By John Downes |
Civil Aviation Act 2006This empowered the Secretary of State to require the Civil Aviation Authority (CAA) to provide advice and assistance with respect to the health of people on board aircraft.It also made alterations to the Air Travel Organisers' Licensing (ATOL)system. The Secretary of State may, by regulations, require ATOL ...
Read More UK: Supreme Court of the United Kingdom
By John Downes |
Constitutional Reform Act 2005This Act created the Supreme Court of the United Kingdom and abolished the appellate function of the House of Lords. It also established the Judicial Appointments Commission for the appointment of judges and members of certain tribunals in England and Wales. It provides a disciplinary framework for ...
Read More England: Package Holiday Case
By John Downes |
Evans v Kosmar Villa Holidays PLC [2006] EWHC 3417 (QBD)E, a 17 year old, dived into the shallow end of a pool in the early hours of the morning. He fractured his cervical vertebrae rendering him tetraplegic. The resort premises were exclusively contracted for K's use. K argued that its ...
Read More UK: Railways Act
By John Downes |
Railways Act 2005This wound up the Strategic Rail Authority, transferring most of its functions to the Department of Transport and some to the Scottish Government and to the Welsh Assembly Administration. Safety provisions in relation to the railways were transferred from the Health and Safety Commission and Executive to the ...
Read More England: Package Holiday Case
By John Downes |
Lambert v Travelsphere [2005] CLYB 957L had booked a package tour in January 2003 which included flights to Beijing, a tour of China and a three day stopover in Hong Kong on the way back. In March that year the World Health Organization issued a warning about SARS for those ...
Read More Scotland: Carriage By Road
By John Downes |
Cheeseman v International Travel Services Ltd. [2008] Rep. LR 66C booked a coach holiday excursion with X. The excursion was organised by X through sub-contractor V, which supplied the coach. C tripped on board the coach and sustained a fractured ankle. The cause was a defect in the carpet. C ...
Read More UK. Airline Catering Staff. Working Time Regulations
By John Downes |
Gallagher v Alpha Catering Services Ltd (Trading as Alpha Flight Services) [2005] ICR 673Catering services employees were required to spend “downtime” at airports while waiting for aircraft to be serviced. The place that they were required to wait in only had basic facilities such as a toilet. They might be ...
Read More Northern Ireland: Taxis
By John Downes |
Taxis Act (Northern Ireland) 2008The aim is to create a more effective and equitable regulatory framework that would promote road and personal safety, improve accessibility and facilitate fair competition in the taxi industry. The Department of the Environment is responsible for licensing taxi operators and taxi drivers. It lays down ...
Read More UK. Car Hire. Distance Selling
By John Downes |
Easycar (UK) Ltd. V OFT (C 336/03) [2005] All ER (EC) 835E provided car hire services in the UK and other Member States. Customers could book the services on the Internet. E's terms and conditions only permitted cancellations by consumers in very exceptional circumstances. The Office of Fair Trading brought ...
Read More Northern Ireland: Hotel – Discrimination Against “Travelling People”
By John Downes |
McDonagh v Thom (Trading as Royal Hotel Dungannon) [2007] NICA 3M was a member of the Irish travelling community (these are itinerant people, similar to the Romany people but of Irish extraction). They had pre-booked functions at the hotel for January, April and September. During the function in January there ...
Read More England: Agency Law
By John Downes |
Moran v First Choice Holidays & Flights Ltd. [2005] EWHC 2478C was injured when she fell off a quod bike being driven by her husband. The quad bike was provided as part of an excursion purchased at the resort in the Dominican Republic. The husband had failed to control the ...
Read More 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 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 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 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 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 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 ...
Read More USA and Europe sign new Open Skies Agreement
By Michael Wukoschitz |
The U.S. and Europe have signed an agreement expanding the 2007 U.S.-EU Open-Skies Accord. The new agreement also affirms that the terms of the 2007 accord will remain in place indefinitely. It deepens U.S.-EU cooperation in aviation security, safety, competition and ease of travel, and provides greater protections for U.S. ...
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