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German Supreme Court: no compensation for flight cancellation caused by strike

In two cases the passengers' LH flights from Miami to Germany were cancelled because of a strike of the pilots which followed a call for strike by a pilots' association. In first instance, the courts granted compensation pursuant to Reg. 261/2004. In second instance, the Landgericht Köln dismissed LH's appeal ...
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EU Economic and Social Committee publishes opinion on passenger rights in all transport modes

On July 31, 2012 the European Economic and Social Committee (EESC) published its opinion on the "Communication from the Commission to the European Parliament and the Council — A European vision for passengers: communication on passenger rights in all transport modes". The EESC broadly endorses the EU's policy guaranteeing all ...
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Egypt: new tourism minister appointed

Following the election of Egyptian President Mohammed Morsi in June, the Egyptian government has appointed a new tourism minister, Mohamed Hisham Abbas Zaazou who had served as the first assistant to Egypt's minister of tourism since 2008, has worked in both the private and public tourism sectors for the past ...
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USA: DOT fines companies for violating Consumer Protection and Price Advertising Rules

The U.S. Department of Transportation (DOT) fined online travel agent Travelocity $180,000 for violating the Department's rule on full-fare advertising by failing to include fuel surcharges and other fees in advertised airfares and ordered it to cease and desist from further violations. The Department's Aviation Enforcement Office found that Travelocity's ...
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IFTTA Law Review 2-2012 available online

The newest edition of the IFTTA Law Review is availbale within the members' section of this website. It focusses on air passenger rights, namley the EU Regulation 261/2004 and the Montreal Convention. Print copies are available as supplement to the Journal "Reiserecht aktuell" published by Sellier European Law Publishers, Germany.
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UK: Bad Taste Tweets Not Criminal

Pau Chambers, from Corby, England was due to fly from the local airport in January, 2010 when it began to snow heavily. He tweeted "Crap! Robin Hood Airport is closed. You've got a week and a bit to get your shit together, otherwise I am blowing the airport sky high!!". ...
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UK and Unfair Contract Terms Reforms

The Scottish Law Commission and the Law Commission for England and Wales have opened a consultation on proposals to protect consumers from unfair terms hidden in small print. This addresses 2 key areas; firstly, the price and main subject matter exemption under the Unfair Terms in Consumer Contracts Regulations 1999, ...
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EU Commission publishes consumer tips for visitors to the 2012 Olympic Games

The European Commission has put together a webpage with key consumer tips on how to plan a successful, stress-free trip to the Olympics – and avoid consumer hassle with travel, accommodation or shopping. This page offers essential, hands-on information and links to services that can help visitors in case of ...
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USA: Airlines lose appeal against DOT fare rules

The U.S. Court of Appeals in Washington has upheld the Transportation Department's full-fare advertising and fare refund rules that had been challenged by Allegiant, Spirit and Southwest. The rules that require airlines and travel sellers to quote full prices with all taxes and mandatory fees includedwent into effect last year. ...
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UK: British Airways to check passengers on Google?

According to an article by Margaret Tofalides from Manches LLP, published on lexology.com, British Airways is planning to use information from the internet to create dossiers on passengers. The programme would search Google images in order to find pictures of passengers so that they can be identified by the BA ...
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CJEU: inclusion of flight cancellation insurance as a default setting unlawful when selling air tickets over the internet

A German consumer-protection association has taken proceedings against ebookers.com before the German courts with a view to requiring that company to refrain from automatically including cancellation insurance with the air fare:ebookers.com Deutschland operates an online portal by which it sells air travel. When a customer selects a specific flight during ...
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USA: new law to require airlines to seat families together?

Rep. Jerrold Nadler (D-N.Y.) is introducing legislation that would prevent families from being separated because of airline fees for priority seats like aisles and windows. The bill, which has been dubbed the Families Flying Together Act of 2012, would direct the Department of Transportation to enforce the family seating requirement.Source: ...
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Austria: regulation on proper rail passenger behaviour

A new regulation by the Federal Ministry for Transport, Innovation and Technology provides detailed rules on the behaviour of railway passengers and other users of railway premises. It inter alia interdicts to carry along dangerous animals or items (like weapons), to throw things from the train and to enter restricted ...
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Austria: Appelate court decides on “fly all or pay up” clauses

In their General Conditions of Carriage, Lufthansa and Austrian Airlines had incorporated clauses which provided that a passenger who doesn't use all the flight coupons of his ticket or doesn't use them in the original order can be required to pay up to the tariff applicable at the time of ...
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Spain: Court of Appeal of Barcelona regards Ryanair’s boarding pass printing policy lawful

On October 5, 2011 the Court of Appeal of Barcelona delivered a judgment in a case concerning Ryanair's policy with regard to printing boarding passes: the claimant had been charged EUR 40 by Ryanair because he had appeared at the airport without a printed bording pass. He sued for reimbursement ...
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USA: Transportation Secretary queried on EU Emissions Trading System

At a June 6 hearing of the Senate Commerce Committee, Transportation Secretary Ray LaHood was questioned about whether the Administration would support legislation to prohibit American airlines from participating in the European Union's Emissions Trading System. Secretary LaHood, while saying that he wasn't prepared to take a position on the ...
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ECJ Advocate General delivers opinion on rail passenger rights

In his opinion delivered on June 7, 2012, ECJ Advocate General Jääskinen came to the conclusion thatArticle8(2) of, in conjunction with Annex II, Part II, to, Regulation (EC) No1371/2007 on rail passengers' rights and obligations is to be interpreted as meaning that information on main connecting services must include, in ...
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Civil Juries to Receive Guidance on Damages in Scotland

The Court of Session (the Supreme Civil Court in Scotland) has declared that better guidance as to the appropriate level of damages should in future be given to juries in civil damages cases. A five judge bench under the retiring Lord President, Lord Hamilton, made the ruling in allowing two ...
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Swedish Court asks ECJ for peliminary ruling regarding Montreal Convention and Reg. 261/2004

On March 29, 2012, the Swedish Högsta domstolen has referred the following questions to the ECJ for preliminary ruling:Does the carrier's liability for damage caused by delay under Article 19 of the Montreal Convention also include cases where the passengers' arrival at the destination is delayed as a result of ...
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Austria: Appelate court reverses judgement in missed connecting flight case

In the case which I had referred to in Rostock as "Frozen Antarctica Dreams" and which regarded a couple who had missed their Antarctica cruise following of a delayed departure of their feeder flight to Frankfurt caused by snow covered runways at the Vienna airport had sued the carrier and ...
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ECJ Advocate General: distance contract not preconditional for consumer forum

With regard to a reference for preliminary ruling filed by the Austrian Civil Supreme Court, ECJ Advocate General Cruz Villalón in his opinion delivered on May 24, 2012 suggested that Article 15 of the Brussels I Regulation should not be interpreted as requiring a distance contract between the consumer and ...
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Austria: new legislation related to travel and tourism

The Austrian legislator has recently passed the follwoing acts related to travel and tourism:amendment of the law regadring the hygiene of bathing waters requiring public information close to the water and access of the authorities for that purpose (BGBl I 42/2012);law concerning airport fees in international air travel, implementing Reg. ...
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European Commission launches new European Consumer Agenda

The European Commission has adopted its strategic vision for EU consumer policy for the years to come which aims to maximise consumer participation and trust in the market. Built around four main objectives theEuropean Consumer Agendaaims to increase confidence by: reinforcing consumer safety; enhancing knowledge; stepping up enforcement and securing ...
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ECJ Advocate General proposes the Court to confirm its “Sturgeon”-Judgement

On May 15, 2012, ECJ Advocate General Bot has delivered his opinion in two pending cases where the national courts sought a review of the "Sturgeon"-Judgement. In this judgement, the Court of Justice had ruled that passengers whose flights are delayed may be treated, so far as the right to ...
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EU Commission to hold another stakeholders’ conference on the PTD revision

The European Commission will hold a half-day stakeholders' conference on the revision of the Package Travel Directive (90/314/EEC) on 05 June 2012. The conference will take place at Charlemagne, room Jenk –– Rue de la Loi 170 – 1049 Brussels. It will primarily aim at hearing and collecting stakeholders' views ...
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Germany: Fiscal Court decides over VAT on hotel vouchers

In a decsion of Sep. 8, 2011, the German Federal Fiscal Court (BFH) decided that the sale of hotel vouchers qualifies as a procurement of hotel accommodation rendered in exchange for an advance payment of the customer, which service has to be taxed in the month in which the sale ...
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Germany: Supreme Court to hear cases on airline personnel strikes as “extraordinary circumstances”

On June 5, 2012, the German Civil Supreme Court (BGH) will hear two cases involving flight cancellations due to airline personnel strikes. In one case the appelate court (LG Köln) had held that the operating carrier may not refer to a strike of its own personnel as an "extraordinary circumstance", ...
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IHRB roundtable on Tourism Industry and Human Rights in London

The Institute for Human Rights and Business and Tourism Concern are convening a multi-stakeholder roundtable to explore the challenges and human rights responsibilities faced by the Tourism Industry. The event will take place in London on May 29, 2012.The event will explore what corporate human rights due diligence means for ...
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UK: Hotel owner fined in fire safety trial

A hotel owner has paid the price for ignoring fire safety laws and been hit with a £210,000 fine following a successful prosecution by London Fire Brigade. The case was a landmark hearing for the UK fire and rescue service, believed to be the first time that a jury – ...
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