In a recently published decision, the Austrian Supreme Court has held that although bad weather can be an indication for "extraordinary circumstances" but doesn't itself constitute such circumstances. The carrier has to prove that despite adverse weather conditions it took all reasonable measures to avoid a flight cancellation. Such measures ...

Commission Implementing Regulation (EU) No654/2013 of 10July 2013 amending Regulation (EU) No185/2010 in respect of EU aviation security validation checklists for third country entitiesCommission Implementing Regulation (EU) No657/2013 of 10July 2013 amending Implementing Regulation (EU) No1079/2012 laying down requirements for voice channels spacing for the single European skyCommission Implementing Regulation ...

In a recent reference for ECJ preliminary ruling, the German Supreme Court (BGH) has asked for an interpreation of article 12 of the Air Passenger Rights Regulation 261/2004. This article provides that the Regulation shall apply without prejudice to a passenger's rights to further compensation but that the compensation granted ...

The U.S. State Department has announced that it will treat visa applications of same-sex spouses in the same way that it treats applications of heterosexual spouses, effective immediately. Under the new rules, any marriage that has been performed in a jurisdiction that recognizes it as legal, will be treated as ...

With decision No. 7825/2013 of June 4, 2013, the Court of Milan has held that Ryanair's refusal to grant access to its database and booking procedures to an online travel agency was an abuse of its dominant market position. Ryanair's General Conditions for the use of its website interdicted any ...

Today the European Commission presented a proposal for a new Package Travel Directive repealing Directive 90/314/EEC:Proposal COM (2013) 512 (not yet in all languages but EN, FR, DE)Communication by the CommissionCOM (2013) 513 (not yet in all languages but EN, FR, DE)Press release IP/13/663 (not yet in all languages but ...

A German Regional Court, the "Landgericht Frankfurt am Main", has filed a reference for preliminary ruling to the European Court of Justice asking for interpretation of article 12 of Reg. 261/2004/EC as follows:Does a passenger have a right to full compensation in case of a lengthy flight delay even if ...

The U.S. Department of Transportation (DOT) assessed a civil penalty against Delta Air Lines for violating federal rules protecting passengers who are denied boarding against their will, or “bumped,” on oversold flights. DOT fined Delta USD 750,000 and ordered the airline to cease and desist from further violations.When an airline ...

The defendant runs a ticket office which sells theater and concert tickets through the internet. In the course of the online booking process, the website showed the total price of the respective ticket and the information "ticket price includes booking fee and VAT". Only the General Conditions of Contract contained ...

The municipality of Belo Horizonte, city located in the State of Minas Gerais, BRAZIL, issued on June 17th a pocket guide for tourists written in three languages, Portuguese, Spanish and English which is being distributed in airports as well as in consumer agencies of Belo Horizonte.The pocket guide contains a ...

In a recent judgement, the Austrian Supreme Court (OGH) has held that an insurance company which has issued an insurance policy covering cancellation fees of a traveller in case of illness or injury cannot deny payment based on gross negligence of the traveller if the letter was injured in a ...

The U.S. Department of Transportation (DOT) fined the ticket agent JTB USA, Inc., USD 60,000 for failing to adequately disclose to consumers when flights were being operated by a different airline than the one marketing their flight through a code-sharing agreement. DOT also ordered the company to cease and desist ...

Cruise Lines International Association (CLIA) is the world's largest cruise industry trade association with representation in North and South America, Europe, Asia and Australasia. CLIA represents the interests of cruise lines, travel agents, port authorities and destinations, and various industry business partners before regulatory and legislative policy makers. CLIA is ...

In December 2012, the California Attorney General filed a lawsuit against Delta Airlines alleging that Delta violated California's Online Privacy Protection Act by failing to post a privacy policy within its Fly Delta mobile app. On May 9, 2013 the California Superior Court dismissed the claim, holding that the state ...

A 14 days cruise "Summer in Greenland" was performed differently from what it had been sold: the route was different, several shore leaves were cancelled, the duration of other shore leaves was significantly reduced. Because of petrol of poor quality, the engine power was reduced and the visits to the ...

In its so called "Sturgeon" judgement (joined cases C-402/07 and C-432/07) the CJEU had extended the air carriers' obligation to pay compensation to passengers who reached their final destination only 3 hrs or more after the scheduled arrival time even if their flight wasn't cancelled but only delayed. Upon reference ...

The passengers were booked on an Iberia flight from Berlin via Madrid to San José (Costa Rica). The flight from BER to MAD was about 90 minutes delayed and the passengers therefore missed their connecting flight to SJO. They were rebooked to a flight one day later. Upon return they ...

The newest ediiton of the IFTTA Law review, containing information on the EU commissions proposal for a revised Air Passenger Rights Regulation and a U.S. judgement on cruise liabilty and forum selection with a case note by Klaus Tonner, is now available within the Members' area of the website. Log ...

A new guidance launched by the Civil Aviation Authority (CAA) and the Office of Fair Trading (OFT), is aimed at airlines, price comparison websites, travel agents and tour operators, and is designed to make sure the travel industry is fully aware of its responsibilities under existing consumer legislation. The document ...

In another motion for preliminary ruling regarding Regulation 261/2004 (EC) on Air Passenger Rights, a German court seeks further clarification of the right of a passenger to receive compensation in case of a long delay.The plaintiff was booked on a flight from Palma de Mallorca to Munich on Oct. 10, ...

According to a report by China.org.cn, the Standing Committee of the 12th National People's Congress adopted a law on tourism in an effort to protect the rights of tourists and clear the way for the industry's sustainable development. Reportedly, the new law outlines measures to address key problems -- unfair ...

In a recent judgment, the Swiss Federal Court (Bundesgericht) had to decide whether the charter of a yacht including the crew would qualify as a travel package. The Court pointed out that providing a crew only was a supplementary element such as providing a pilot in air transportation. Further the ...

A class action has been filed against the Metropolitan Museum of Art (MMA) alledging the MMA would deceive and defraud the public into paying a fee to enter the MMA, even though dmission was legally required to be free of charge most days of the week. A similar complaint had ...

The defendant advertised holiday homes at Germany's Baltic coast in the internet where he indicated prices per week. However, only at the very end of the advertisment additional costs of a "final cleaning" were mentioned. The court (Schleswig-Holsteinsches OLG) held that the advertisment was contrary to German pricing law which ...

Following a complaint from two Alitalia passengers whose flights were canceled, the Department's Aviation Enforcement Office investigated the carrier's refusal to pay cash compensation to the passengers. The U.S. Department of Transportation (DOT) now fined Alitalia USD 125,000 for providing inaccurate information on its website regarding its policy on compensation ...

In their first discussion of the proposal on Tuesday, transport committee MEPs welcomed the proposal to update air passengers' rights tabled by the Commission on 13 March but insisted that it include rules on hand luggage and solutions for passengers stranded if an airline goes bankrupt. Commission Vice-President Siim Kallas ...

Effective April 1, 2013, the United Kingdom will implement a new Air Passenger Duty (APD) chargeable on passengers being transported from a U.K. airport on a qualifying aircraft. The calculation of the APD is determined by the number of chargeable passengers, their destination and their travel class.

An appeals court on Tuesday revived a lawsuit against United Airlines that was brought by a woman who claimed she was not promptly provided a wheelchair in an airport when she asked for one. The opinion, from the 9th Circuit Court of Appeals in San Francisco, said federal law did ...

The EU Regulation 1371/2007 on rail passengers' rights and obligations provides that a passenger who is facing a delay of one hour or more may request a partial refund of the ticket price from the railway company. This compensation is a minimum of 25% of the ticket price for delays ...

The European Commission surprisingly presented today new measures to strengthen air passenger rights including a revisionof theAir Passenger's Rights Regulation 261/2004/EC takeing into account thesharing od the economic burden.The Commission e.g presents a list of exraordonary circumstances, which may release the specific Airline to pay compensation. on the other hand ...