Proposal for a new EU Air Passengers’ Rights Regulation
By Stephan Keiler |
and here is the brand new Proposal itself (fr, en, de only!): COM (2013) 130 finalEN:http://ec.europa.eu/commission_2010-2014/kallas/headlines/news/2013/03/doc/com(2013)130-proposal-for-regulation_en.pdfDE:http://ec.europa.eu/commission_2010-2014/kallas/headlines/news/2013/03/doc/com(2013)130-proposal-for-regulation_de.pdfFR:http://ec.europa.eu/commission_2010-2014/kallas/headlines/news/2013/03/doc/com(2013)130-proposal-for-regulation_fr.pdf
Read More EU: New legislation on Alternative and Online Dispute Resolution
By Michael Wukoschitz |
On 12 March 2013, the European Parliament voted to support the new legislation on Alternative Dispute Resolution and Online Dispute Resolution. The vote confirms the political agreement reached in December 2012 on the two legislative proposals put forward by the European Commission in 2011. The new legislation will now soon ...
Read More Russia to become member of the Montreal Convention
By Michael Wukoschitz |
On 12 February 2013, the Ministry of Transport of the Russian Federation published on its website the draft Federal Law on the Accession of the Russian Federation to the Convention for the Unification of Certain Rules for International Carriage by Air of 28 May 1999 ("Montreal Convention"). If this federal ...
Read More Russia to implement smoking ban
By Michael Wukoschitz |
Russia will ban smoking in some public places by June 1. Smoking will be prohibited in long-distance trains, aircraft and commuter transport, and less than 45 feet from the entrances to rail stations, metro stations and airports. In June 2014, smoking will be banned in hotels, cafes, restaurants and on ...
Read More France: Court decides on notice requirements according to French Tourism Code
By Michael Wukoschitz |
Article L.311-2 of the French Tourism Code requires any hotel operator wishing to carry out certain infrastructure and facilities improvements in his establishment to previously notify the lessor. The notice is required to include an execution plan and a cost estimate. Provided such notice is given, the lessor cannot claim ...
Read More European Court of Justice: compensation for flight delay not conditional upon delay at departure
By Michael Wukoschitz |
Mrs Folkerts held a reservation to fly from Bremen (Germany) to Asunción (Paraguay), via Paris (France) and São Paulo (Brazil). The departure of the flight from Bremen to Paris, operated by the company Air France, was delayed and the aircraft took off with a delay of approximately two and a ...
Read More Canada: passenger claim against government over implementation of safety management systems dismissed
By Michael Wukoschitz |
Following the crash of a King Air 100 in which he was injured as a passenger, James Ratt brought a claim against a number of parties including the Candadian Minister of Transport and the Government on the grounds that their implementation of the safety management systems within the regime created ...
Read More CJEU: no limitation of the air carriers’ obligation to provide care to passengers in case of volcanic eruption
By Michael Wukoschitz |
In the event of cancellation of a flight, the air carrier is obliged, under Reg. 261/2004/EC, to provide care to passengers as well as to provide compensation. As regards the obligation to provide care, the air carrier must provide free of charge, in light of the waiting time, refreshments, meals ...
Read More Austrian Supreme Court decides on air carrier liability for checked baggage and exclusivity of the Montreal liability regime
By Michael Wukoschitz |
The plaintiff's father was booked on a flight from Vienna to Istanbul, operated by the defendant. He intended to check two suitcases and keep a smaller bag as cabin luggage. Upon check-in the passenger was told that with regard to its size and weight the bag did not meet the ...
Read More UNWTO: International tourist arrivals grew by 4% in 2012 and are expected to continue to grow in 2013
By Michael Wukoschitz |
International tourist arrivals grew by 4% in 2012 to reach 1.035 billion, according to the latest UNWTO World Tourism Barometer. Emerging economies (+4.1%) regained the lead over advanced economies (+3.6%), with Asia and the Pacific showing the strongest results. Growth is expected to continue in 2013 only slightly below the ...
Read More Canada: unruly passenger ban upheld by Transportation Agency
By Michael Wukoschitz |
The claimant Guillaume Boutin filed a complaint with the Canadian Transportation Agency against Air Canada regarding a permanent travel ban imposed by Air Canada following an incident that occurred at the Cancun, Mexico airport just prior to Mr. Boutin's return flight to Montréal, Quebec, Canada, on February 29, 2012.Mr. Boutin ...
Read More Germany: appelate court dimisses frequent flyer’s claim against Lufthansa
By Michael Wukoschitz |
The plaintiff took part in Lufthansa's frequent flyer programme "Miles & More" and had collected about 900.000 bonus miles until Lufthansa changed the terms regarding redemption of bonus miles. According to the new terms, the number of bonus miles required to receive a business class or first class upgrade had ...
Read More Austria: tour operator not allowed to use consumers’ pictures for travel brochures
By Michael Wukoschitz |
The plaintiffs, a married couple, took part in a package trip to Scotland organised by the defendant. At the occasion of a visit to the old blacksmith's shop at Gretna Green, a pretended wedding cermony was enacted in which the plaintiffs played the bride and the groom. The bus driver ...
Read More Boeing Dreamliners grounded by several aviation authorities around the world
By Michael Wukoschitz |
As a result of an in-flight, Boeing 787 battery incident in Japan, the U.S. Federal Aviation Administration (FAA) has grounded Boeing 787 Dreamliners over safety concerns. Other regulators around the world have followed:All Nippon Airways and Japan Airlines initially voluntarily grounded their 787 aircrafts; meanwhile, the Japanese government issued a ...
Read More Austrian Supreme Court: airline and airport not liable for delay caused by snow on runways
By Michael Wukoschitz |
In a case reported earlier, the Austrian Civil Supreme Court has now deleivered the final judgment. The plaintiffs had missed their Antarctica cruise following a delayed departure of their feeder flight to Frankfurt caused by snow covered runways at the Vienna airport. They sued the carrier and the airport for ...
Read More Canada: new Air Price Advertising Rules
By Michael Wukoschitz |
In December 2011, the Government of Canada announced that the Canadian Transportation Agency would develop regulations requiring all-inclusive air price advertising. These regulations are now published on Part II of the Canada Gazette.The regulations support two key objectives: Enable consumers to easily determine the total advertised air price.The display of ...
Read More USA: DOT collected USD 3.6 M in fines for air passenger rule violations in 2012
By Michael Wukoschitz |
The U.S. Department of Transportation (DOT) said it levied USD 3.6 million in penalties for 2012 violations of the department's consumer-protection rules for air passengers. The total is up from USD 3.3 million in 2011. During 2012, the Department issued 49 consent orders for consumer rule violations, the most recent ...
Read More German Supreme Court: consumer entitled to cancel cruise to the Caribbean because of ash cloud preventing him to fly
By Michael Wukoschitz |
The plainitff had booked a cruise to the Caribbean and a flight ticket with defendant who acted as agent on behalf of the organiser and the airline. The flight was not part of the cruise package but booked separately. The cruise was scheduled to depart from Ft Lauderdale on 19 ...
Read More USA: airlines to challenge DOT advertising rule before U. S. Supreme Court
By Michael Wukoschitz |
Three airlines have challenged the Transportation Department's new price-advertising rule nefore the U.S. Supreme Court, claiming that the DOT is violating the First Amendment by prohibiting airlines from advertising base prices net of taxes and fees. The airlines also claim that the DOT has been violating the Airline Deregulation Act ...
Read More California: Attorney General files Law Suit against Delta Airlines over mobile app
By Michael Wukoschitz |
California Attorney General Kamala Harris has filed a complaintagainst Delta, alleging that Delta has failed to conspicuously post a privacy policy on its mobile application, in violation of California's Online Privacy Protection Act (“CalOPPA”). The California Online Privacy Protection Act requires commercial operators of websites and online services, including mobile ...
Read More IFTTA Law Review 3-2012 available online
By Michael Wukoschitz |
The IFTTA Law Review 3-2012 is now available within the members' area of the website. It contains an article by Stephan Keiler on the European Bus Passengers' Rights Regulation and several court cases.
Read More USA: DOT fines Vision Airlines for charter violations
By Michael Wukoschitz |
The U.S. Department of Transportation (DOT) assessed Vision Airlines a USD 50,000 penalty for violating rules that protect passengers when their public charter flights are suddenly canceled and ordered the carrier to cease and desist from further violations.Vision Airlines was one of several carriers operating flights for Direct Air, a ...
Read More EU-Commission updates Airline Blacklist
By Michael Wukoschitz |
On Dec. 4, 2012, the European Commission has adopted the 20th update of the European list of air carriers which are subject to an operating ban or operational restrictions within the European Union, better known as "the EU air safety list". Because of important safety concerns, air carriers certified in ...
Read More USA: Federal Trade Commission requires hotels to disclose all mandatory surcharges
By Michael Wukoschitz |
The Federal Trade Commission (FTC) has warned 22 hotel operators that their online reservation sites may violate the law by providing a deceptively low estimate of what consumers can expect to pay for their hotel rooms. According to the FTC letters, one common complaint consumers raised involved mandatory fees hotels ...
Read More USA: DOT fines Travelzoo for violation of Code-Share Disclosure Rules
By Michael Wukoschitz |
The U.S. Department of Transportation (DOT) has assessed a USD 50,000 penalty against the online ticket agent Travelzoo for failing to properly disclose to consumers when flights were being operated under a code-sharing arrangement, and ordered the company to cease and desist from future violations.DOT rules require airlines and ticket ...
Read More Canada: class action over expiring loyalty program points
By Michael Wukoschitz |
On March 6, 2012, the Quebec Superior Court authorized a class action against Groupe Aeroplan Inc. relating to its decision to implement expiry dates on its loyalty program points (“Miles”). Under the new Aeroplan Terms and Conditions, if there is no activity in a member's Aeroplan account within a 12-month ...
Read More U.S.-DOT: new rules for charter operators
By Michael Wukoschitz |
The Transportation Department has issued a guidance letter to tour operators and others in the public charter industry, imposing new requirements in the wake of the March collapse of Direct Air. According to the DOT, the company:contracted out its reservations process to a third party;signed charter contracts with charter airlines ...
Read More ECJ clarifies time limit for court actions under EU Air Passenger Rights Regulation
By Michael Wukoschitz |
The "EU Air Passenger Rights Regulation" (Reg, [EC] 261/2004) affords air passengers a right to compensation according to the distance and destination of their cancelled flight, unless the cancellation is caused by extraordinary circumstances. However, it does not specify any time-limit for bringing actions for compensation.Mr Cuadrench Moré purchased a ...
Read More ECJ: Rail passengers must be given information on main connecting services, whichever railway undertaking operates them
By Michael Wukoschitz |
The (privately owned) railway undertaking Westbahn Management GmbH operates passenger rail transport services on the Vienna-Salzburg line in Austria. State owned ÖBB-Infrastruktur AG is the railway infrastructure manager in Austria and manages the major part of the Austrian rail network, including the Vienna-Salzburg line. It has at its disposal real-time ...
Read More ECJ decides on airlines’ liability for checked baggage pursuant to the Montreal Convention
By Michael Wukoschitz |
The Montreal Convention provides that an air carrier must pay compensation to each passenger, limited to 1 000 Special Drawing Rights (‘SDRs') per passenger, in the event of the loss of his baggage during a flight operated by the carrier or while the baggage was in the carrier's charge. The ...
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