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UK: Aviation Law

Civil Aviation (Contribution to Air Travel Trust) Regulations 2007This Act requires all Air Travel Organiser Licence (ATOL) holders to contribute to the Air Travel Trust Fund. The amount that they are required to contribute is based upon the number of passengers included in bookings under their licence. The CAA is ...
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Scottish Hotel Law Case

Drake v Dow 2006 SCLR 456D stayed at a guesthouse. During the night his laptop was stolen from his room. His bedroom door did not have a lock. He claimed damages from the guesthouse owner under the praetorian edit nautae, caupones, stabularii. The Roman Law edict, which is part of ...
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Scottish Insurance Law Case

In Scots Law, a contract of insurance is considered a contract uberrimae fidei i.e. "of the utmost good faith" and those taking out insurance have a duty to disclose all material facts:Cuthbertson v Friends Provident Life Office 2006 SLT 567 C took out an insurance policy in 1994. It was ...
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EU updates aviation security rules

Regulation 300/2008 on aviation security applicable as of 29 April 2010 puts in place new rules to improve, streamline and simplify existing procedures. For example by: Eliminating duplication of security controls. For example, reducing costly duplication of checks in strictly controlled areas of EU airports, where there has already been ...
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Scottish Tourist Board

Tourist Boards (Scotland) Act 2006This Act abolishes the network tourist boards. It renames the Scottish Tourist Board as VisitScotland and increases the maximum membership of the Board from 6 to 11 members. It thereby amends the Development of Tourism Act 1969.
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English Hotel Case

Lewis v Six Continents PLC (formerly Bass PLC) [2005] EWCA Civ. 1805While staying at a hotel, L fell from the window of his second floor room. The accident occurred during the course of the night and L had no recall as to how it had happened. He suffered severe head ...
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IATA calls for Single European Sky

During the volcanic ash crisis more than 100,000 flights were grounded because individual countries made different decisions over whether or not to open up their airspace. A Single European Sky would put the skies under one regulatory body and act as a crisis management mechanism, which would eliminate confusion. It ...
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China lifts ban on tourists with STD, HIV and leprosy

Normal 0 21 Normal 0 21 Normal 0 21 As Shanghai prepares to host the world exposition, China has lifted a two-decade ban on travel to the country by people who carry the virus that causes AIDS or who have other sexually transmitted diseases or leprosy. The ban on travel ...
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German Supreme Court: flexible pricing in travel brochures admissible

A German association combatting unfair competition sued TUI for not publishing final prices in travel brochures. TUI had published prices with the reservation of a revision of EUR 50 up or down applying to each flight route. The association saw an infringement of pricing rules requiring indication of a binding ...
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German Supreme Court decides on cross-ticketing

German Supreme Court (BGH) in today's judgment Xa ZR 5/09 decided that airlines must not declare a ticket void if the flight coupons are not used in their correct order. Such provisions are widely used in general conditions of contract of several airlines to prevent passengers from booking flight segments ...
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Arizona: new immigration law detrimental to tourism?

Many officials in Arizona's tourism and hospitality industry fear that the state's new immigration law is anything but hospitable. Hotel owners, tour operators and convention executives say the law could discourage visitors and companies from meeting there at a time when one of the state's vital industries already is suffering. ...
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Austrian Supreme Court: no liability for usual conduct on ‘battleground’ breakfast buffet

Plantiff and defendant both stayed as guests in a health resort. Each morning breakfast buffet was quite crowded as patients' breakfast time was limited and many patients had to start their treatments early. One morning defendant was queuing up behind plaintiff and within the crowd suddenly her leg somehow got ...
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France: Burqa ban to apply to tourists too

France's government announced it would apply a proposed ban on face-covering Islamic veils to visiting tourists as well as residents, even as skepticism mounted over the legality of the plan. The draft bill will be presented to the cabinet next month. France's highest court has already warned the government that ...
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USA: exemptions from new tarmac-delay rules denied

The U.S. Department of Transportation has denied the requests of five airlines for a temporary exemption from a new rule limiting tarmac delays to three hours. The new rule goes into effect on April 29. Airlines face fines of up to $27,500 per passenger for planes that sit on the ...
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UNWTO: Event on Travel and Tourism under Challenging Circumstances

To be better prepared for crisis situations, the World Tourism Organization (UNWTO), with the joint collaboration of the Ministry of Tourism of Malaysia, is convening a review and preparation exercise for the region of Asia and the Pacific which is to take place in Kuala Lumpur, Malaysia on the 3-4 ...
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On the 20th Aniversary of the Package Tours Directive

Possibly, the Academic Event of the Year in the field of Travel and Tourism Law!Registration here:http://www.fe.ualg.pt/cidta/index.php
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Alaska: cut in cruise tax ratified

The Alaska State Legislature passed a bill that will reduce the state's cruise passenger head tax from $46 to $34.50, and end a lawsuit the industry filed to overturn the tax. The Alaska Cruise Association signed an agreement last week with the Alaska attorney general to drop the lawsuit if ...
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Bulgaria: reference for a preliminary ruling on PTD

Bulgarian "Varhoven Kasatsionen sad" filed a reference for preliminary ruling on the interpretation of the Package Travel Directive 90/314/EEC (PTD). The court wants to know whether the PTD is applicable to the present case (no details of the case available in ECJ publication). The further questions are:How is the term ...
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IATA: severe criticism on European response to Icelandic volcano eruption

The International Air Transport Association (IATA) sharply criticized European governments for their lack of leadership in handling airspace restrictions in light of the Icelandic volcano eruption, and urged a re-thinking of the decision-making process. IATA in particular criticized Europe's unique methodology of closing airspace based on theoretical modeling of the ...
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Air passengers’ rights

Reference for a preliminary ruling before the ECJ (Case C-83/10 Rodríguez ea/Air France) from the Juzgado de lo Mercantil de Pontevedra (Spain) regarding the questions,whether the term 'cancellation', defined in Art 2 lit l of Regulation 261/2004/EC has to be interpreted as meaning only the failure of the flight to ...
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UK: consultation on creating new consumer right

Altough Consumers are protected from traders' misrepresentations and unfair dealing by the Consumer Protection from Unfair Trading Regulations, which implement EU law, they cannot take direct action under these Regulations. The Law Commission and Scottish Law Commission are therefore reviewing whether or not consumers should be able to take direct ...
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European Union: Evaluation of Reg. 261/2004

European Commission has published a final report on the evaluation of Reg. 261/2004. Despite some significant improvements in the protection of passenger rights, the report identifies the following remaining problems:some carriers are still not consistently complying with the requirements of the Regulation or are interpreting the Regulation in a way ...
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Kentucky: suit against online travel companies dismissed

Warren County Circuit Court has dismissed a lawsuit filed by the city of Bowling Green against Hotels.com, Orbitz, Expedia and Travelocity claiming that the companies owed back occupancy taxes to the city. The judge agreed with the online travel companies contention that the taxes can be levied only on the ...
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Dubai: appeals court upheld prison sentence for tourist couple

A Dubai appeals court upheld a one-month prison sentence for a British couple convicted of kissing in a restaurant. The tourists landed in court upon complaint of an Emirati woman. Though they insisted the "kiss" was just a peck on the cheek, they were arrested in November and convicted of ...
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Qatar Airways announces new South American flights.

Qatar Airways announced that it will begin daily flights to Brazil and Argentina from June 24, marking the airline's first online operations to South America. With the airline's acquisition of two brand new Boeing 777-200 Long Range aircraft in the last three months, these will be deployed on the two ...
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European Union: updated airline blacklist bans airlines from Philippines and Sudan

To improve safety in Europe, the European Commission – in consultation with Member States' aviation safety authorities – has decided to ban airlines found to be unsafe from operating in European airspace. The 'blacklist' was established in 2006 and is updated annually.The latest update of March 30, 2010 imposes an ...
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USA: Supreme Court refuses to hear Frequent Flyer Depot case

American Airlines' frequent flyer program prohibits the purchase or sale of the program's mileage credit or award tickets and makes such mileage or tickets void if transferred for cash or other consideration. American sued Frequent Flyer Depot, and its owners for brokering AAdvantage mileage credit and award tickets. In September ...
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USA/Texas: limited airline liability for injury caused by other passenger

In Wright v. American Airlines, Inc. (N.D. Tex. Feb. 8, 2010), during the aircraft's climb flight, and while the “fasten seat belt” light was on, a passenger stood up to remove an item from an overhead compartment. An object fell down and struck another passenger on his head, injuring him. ...
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German Supreme Court: no compensation for flight cancellation due to bad weather condidtions

Plaintiff had booked a flight from XRY (Jerez, Spain) to HHN (Hahn, Germany) for himself and his wife for Oct. 25, 2007 with Ryan Air. Departure was scheduled 10:00 a.m.. Due to foggy conditions at XRY, the flight was cancelled. The aircraft landed in SVQ (Sevilla, Spain) and returned to ...
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English Holday Camp Case

Atkins v Butlin's Skyline Ltd., 27 May 2005A, a blind man, stayed at a holiday camp with his wife and daughter. He was injured in exiting a lift when the lift door closed, trapping his upper arm and shoulder. The lift had been inspected 9 months previously and the contractor ...
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