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 Austria: bonus miles earned through business trips are subject to income tax
By Michael Wukoschitz |
In a recently published judgement, Austrian Admnistrative Court (VwGH) decided that bonus miles of a frequent flyer programme earned by an employee on business trips are a taxable benefit arising from the employer-employee relationship, if used for the employee's private purposes: even if only individual persons are eligable to participate ...
Read More USA and Switzerland sign enhanced Open Skies Transport Agreement
By Michael Wukoschitz |
Officials of the United States and Switzerland have signed an enhanced Open Skies Air Transport Agreement, replacing the previous agreement signed in 1995. The new agreement entered into force upon signature. The new agreement includes all of the essential elements of Open Skies and adds the right for airlines of ...
Read More USA: DOT extends ADA protections to maritime passengers
By Michael Wukoschitz |
As the 20th anniversary of the Americans with Disabilities Act approaches -- July 26 -- the Department of Transportation announced the first federal rule to specifically provide ADA protections to people with disabilities who travel on boats and ships. The rule covers vessels, like public ferry systems, operated by public ...
Read More European Court of Justice: no obligation to reimburse patient for costs of unscheduled hospital care during a temporary stay in another Member State
By Michael Wukoschitz |
Following a complaint from a person insured under the Spanish national health system who had had to be admitted to hospital unexpectedly during a stay in France and who, on his return to Spain, was refused reimbursement of the portion of the hospital costs which, in accordance with French legislation, ...
Read More Brazil: ANAC extends the rights of air passengers.
By Maria Goretti |
The ANAC – National Civil Aviation Agency, tied to the Ministry of Defence, has enacted the Resolution 141 which enters into force on June 13th. It broadens the rights of passenger flights delayed, cancelled or in case of breach (preventing the need for boarding aircraft or exchange overbooking). The main ...
Read More USA: Senate approves cruise safety bill
By Michael Wukoschitz |
The Senate voted unanimously Thursday to require the cruise industry to be more transparent in reporting cruise ship crime and comply with new cabin security and surveillance measures. The House must approve some legislative changes the Senate made to the bill, before it goes to the president for his signature.Source: ...
Read More Australia: advertising campaign to accompany tough new laws on sex tourism
By Michael Wukoschitz |
The Australian government has promised to fight the sexual exploitation of children wherever it occurs. Adverts have been placed in national newspapers that warn offenders they can be prosecuted in Australia even if their crimes are committed elsewhere. The measures include jail terms of up to 25 years for Australians ...
Read More US Supreme Court: amendment of complaint admissible in case of identifiable mistake in choosing defendant
By Michael Wukoschitz |
Wanda Krupski of Michael Wukoschitzgan tripped over a camera cable and broke her leg while on a cruise ship. Her passenger ticket, which was issued by Costa CruiseLines,identified respondent Costa Crociere S. p. A. as the carrier; required an injured party to submit to the carrier or its agent written ...
Read More European Court of Justice: Directive on unfair terms in consumer contracts allows stricter consumer protection rules by member states
By Michael Wukoschitz |
The Tribunal Supremo (Spanish Supreme Court) asked the Court of Justice, in essence, whether the Directive on unfair terms in consumer contracts precludes a Member State from providing in its legal system, for the benefit of consumers, for an assessment as to the unfairness of contractual terms which relate to ...
Read More Saudi Arabia: International Conference for Urban Heritage in the Islamic Countries
By Michael Wukoschitz |
The first International Conference for Urban Heritage in the Islamic Countries, which was held in Riyadh during the period from May 23-28, 2010, has concluded its events with a number of recommendations, which were focused on the importance of preservation of the urban heritage of the Islamic countries and to ...
Read More USA: DOT Proposes Additional Consumer Protections for Air Travelers
By Michael Wukoschitz |
U.S. Transportation Secretary Ray LaHood today proposed new consumer protections for air travelers, building on the Department of Transportation's recent rule banning carriers from subjecting passengers to long tarmac delays and other deceptive practices. Specifically, the new proposed rule would: increase compensation for passengers involuntarily bumped from flights allow passengers ...
Read More UK: law suit over flight bans caused by volcanic ash?
By Michael Wukoschitz |
EasyJet reportedly is planning to bring a class action lawsuit to win compensation for flight bans imposed by Europe's air safety authorities. Most of Europe's airspace was closed for nearly a week from April 15 after a huge ash cloud from the eruption of Eyjafjallajökull stranded millions of passengers and ...
Read More USA: DOT fines AirTran and Delta for price advertising rule violations
By Michael Wukoschitz |
The U.S. Department of Transportation (DOT) assessed civil penalties against AirTran Airways and Delta Air Lines for violating rules that require airline price advertisements to disclose the full price consumers must pay for air transportation. The action against AirTran resulted from it advertising a fare that was not available, the ...
Read More Germany: who can claim compensation for loss of holiday enjoyment?
By Michael Wukoschitz |
Plaintiff had booked a Danube cruise arrangement with defendant for himself and his wife. As defendant cancelled the cruise, plaintiff claimed for compensation for loss of holiday enjoyment. Defendant payed a compensation half of the packacke price for one person to plaintiff but refused to pay any compensation in regard ...
Read More Germany: Ryanair must not charge extra fees for credit card payments
By Michael Wukoschitz |
Upon law suit of Federal Consumer Asscoiation (Bundesverband der Verbraucherzentralen), German Supreme Court (BGH) in judgement Xa ZR 68/09 of May 20, 2010 decided that Ryanair may exclude chash payment but, however, must not charge extra fees for card payment. BGH held that to receive payments of the customers was ...
Read More Italy: Ryanair fined for failing to assist passengers in volcanic ash crisis
By Michael Wukoschitz |
Italy has fined Irish low-cost airline Ryanair 3 millon EUR for failing to help passengers after cancelling their flights during the volcanic ash crisis. Italy's civil aviation authority said it knew of 178 cases of passengers who did not receive mandatory assistance, such as food, between 17 and 22 April. ...
Read More UK: injunction against BA strikes overturned
By Michael Wukoschitz |
A court of appeals overturned an injunction against strikes planned by British Airways' cabin crew, and walkouts will occur unless the two sides reach an agreement. A first block of strike dates (May 18 to 22) was stopped by the injunction, but a walkout is likely to happen during the ...
Read More European Court of Justice: Advocate General gives opinion on jurisdiction based on website advertising
By Michael Wukoschitz |
Advocate General Trstenjak today delivered her opinion in joint cases C-585/08 (Pammer v. Reederei Schlüter) and C-144/09 (Hotel Alpenhof v. Heller). Both cases concern the issue whether the fact that a website of the party with whom a consumer has concluded a contract can be consulted on the internet was ...
Read More USA: Airline loses pet dog
By Michael Wukoschitz |
A Canadian couple has turned to the internet for help in finding their pet dog Paco, lost by Delta Airlines, after he was checked in for a flight from Mexico City to Detroit. Delta at first said that the dog remained in its cage at Mexico City airport. But then ...
Read More Google to compete against travel agencies?
By Michael Wukoschitz |
Google is moving into the area of the travel agency by adding live hotel rates to its popular maps service in order to appeal to business travellers using Google to research their trip. Research from Travelport says that 54% of British business travellers use the internet to research their trips. ...
Read More European Court of Justice: liability limit of Montreal Convention includes both material and non-material damage
By Michael Wukoschitz |
The Montral Convention provides that the liability of a carrier in the case of destruction, loss, damage or delay of baggage is limited to the sum of 1000 Special Drawing Rights (SDR) for each passenger (a sum equivalent to approximately €1134.71)3, unless a passenger has made, at the time when ...
Read More European Union: Consumer Centres act together to help ash crisis passengers
By Michael Wukoschitz |
On 4 May 2010, the Network of European Consumer Centres (ECC-Net), supported by the European Commission and operating in all EU Member States (as well as Iceland and Norway), published a practical complaint package, which is designed to help consumers affected by recent flight disruptions to exercise their consumer rights ...
Read More Australia: Federal Court rules agains Qantas in fuel surcharge case
By Michael Wukoschitz |
Australian Federal Court today ruled the fuel surcharge the airline charges passengers is not a tax, but simply part of the fare. Qantas will therefore be made to repay years of disputed commission fees to travel agents of tens of millions of dollars at least.The court upheld an appeal by ...
Read More U.S. Travel Association Calls for End to Arizona Travel Boycott
By Michael Wukoschitz |
Roger Dow, president and CEO of the U.S. Travel Association, today called for an end of all Arizona travel boycotts and urged Washington policymakers to do what their constituents have repeatedly asked them to do and address the complex issue of immigration. “We call for an end to counterproductive Arizona ...
Read More Kenya: unlicensed Mara lodges closed
By Michael Wukoschitz |
Kenyan government has shut down a number of safari lodges and camps in the wider Masai Mara area which were operating without licenses. More investigations are also underway into properties under construction to establish that they, too, have all relevant licenses, including clearance from National Environment Management Authority (NEMA) and ...
Read More Germany: reference for preliminary ruling of the ECJ in regard to travel agency taxation
By Michael Wukoschitz |
German Federal Financial Court (Bundesfinanzhof) filed a reference for preliminary ruling on whether the 'special scheme for travel agents' in Article 26 of Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes also applies to the sale by a travel agent of opera ...
Read More English Contract Law Case
By John Downes |
Maggs (Trading as BM Builders) v Mark [2006] EWCA Civ. 1058The general rule in English Law is that where there is a written contract the court should not look at the subsequent conduct of the parties in order to construe the terms. However, where the contract is partly written and ...
Read More English Case: Unfair Contract Terms
By John Downes |
Baybut v Eccle Riggs County Parks Ltd., The Times, 13 November 2006 The court held that it was highly unlikely that the Unfair Terms in Consumer Contracts Regulations 1999 were ever intended to apply to implied terms. They apply only to express terms, whether oral, written, electronic etc.
Read More English Air Law Case: Denied Boarding Regulations
By John Downes |
Parker v TUI UK Ltd (Trading as Austravel) 30 October 2006 P had booked a flight from Heathrow to Sydney with TUI trading as Thomsonfly. P claimed that she had been informed by them that she was booked on a scheduled flight with Qantas. On later discovering that she was ...
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