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Proposal for a new EU Air Passengers’ Rights Regulation

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
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EU: New legislation on Alternative and Online Dispute Resolution

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 ...
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Russia to become member of the Montreal Convention

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 ...
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Russia to implement smoking ban

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 ...
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France: Court decides on notice requirements according to French Tourism Code

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 ...
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European Court of Justice: compensation for flight delay not conditional upon delay at departure

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 ...
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Canada: passenger claim against government over implementation of safety management systems dismissed

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 ...
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CJEU: no limitation of the air carriers’ obligation to provide care to passengers in case of volcanic eruption

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 ...
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Austrian Supreme Court decides on air carrier liability for checked baggage and exclusivity of the Montreal liability regime

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 ...
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UNWTO: International tourist arrivals grew by 4% in 2012 and are expected to continue to grow in 2013

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 ...
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Canada: unruly passenger ban upheld by Transportation Agency

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 ...
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Germany: appelate court dimisses frequent flyer’s claim against Lufthansa

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 ...
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Austria: tour operator not allowed to use consumers’ pictures for travel brochures

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 ...
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Boeing Dreamliners grounded by several aviation authorities around the world

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 ...
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Austrian Supreme Court: airline and airport not liable for delay caused by snow on runways

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 ...
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Canada: new Air Price Advertising Rules

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 ...
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USA: DOT collected USD 3.6 M in fines for air passenger rule violations in 2012

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 ...
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German Supreme Court: consumer entitled to cancel cruise to the Caribbean because of ash cloud preventing him to fly

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 ...
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USA: airlines to challenge DOT advertising rule before U. S. Supreme Court

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 ...
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California: Attorney General files Law Suit against Delta Airlines over mobile app

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 ...
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IFTTA Law Review 3-2012 available online

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.
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USA: DOT fines Vision Airlines for charter violations

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 ...
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EU-Commission updates Airline Blacklist

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 ...
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USA: Federal Trade Commission requires hotels to disclose all mandatory surcharges

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 ...
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USA: DOT fines Travelzoo for violation of Code-Share Disclosure Rules

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 ...
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Canada: class action over expiring loyalty program points

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 ...
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U.S.-DOT: new rules for charter operators

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 ...
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ECJ clarifies time limit for court actions under EU Air Passenger Rights Regulation

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 ...
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ECJ: Rail passengers must be given information on main connecting services, whichever railway undertaking operates them

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 ...
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ECJ decides on airlines’ liability for checked baggage pursuant to the Montreal Convention

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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