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German Supreme Court decides on airline tariff: a non-refundable ticket remains non-refundable

The plaintiffs had booked tickets for a Lufthansa flight from Hamburg via Frankfurt to Miami and back from Los Angeles via Frankfurt to Hamburg. The ticket price was EUR 2.766,32 and according to the tariff, the ticket was non-refundable (except applicable taxes only). Because of a disease, the plaintiffs cancelled their tickets and claimed back …

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Book Review: The New Package Travel Directive

Editors: V. Franceschelli, Professor, University of Milan Bicocca ; F. Morandi, Professor, University of Sardinia; C. Torres, Professor Adjunct, Estoril Higher Institute for Tourism and Hotel Studies [ESHTE]. Publisher: ESHTE/INATEL, Portugal, 2017. 596 pages. Reviewer: Hermes Navarro del Valle, Chief of Tourism Investment; Costa Rica Tourism Board, San José, Costa Rica; Member of United Nations …

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German Supreme Court (BGH) decides on air carrier liability for passenger fall on boarding bridge

The claimant was about to embark for his flight from Düsseldorf to Hamburg on Feb. 9, 2013, when he slipped on the boarding bridge because of a wet floor caused by condensation. As a result he suffered from a fracture of his patella. He filed a claim for damages against the defendant air carrier. The …

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Austria: Constitutional Court upholds ban on ‘best price’ clauses for online hotel booking portals

Effecitve by January 1, 2017, an amendment to the Austrian Unfair Competition Act (UWG) introduced a ban on ‘best price’ clauses for hotel booking portals. These clauses were qualified as an agressive business practice. According to such clauses, a hotel operator who wanted to sell rooms through online portals had to accept not to offer …

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U.S. Court: mental anguish compensable under Montreal Convention if it results from an accident that also caused bodily injury

Plaintiff Jane Doe and her eleven-year-old daughter flew aboard Etihad Airways from Abu Dhabi to Chicago. When she stuck her hand into the seat pocket in front of her, she was unexpectedly pricked by a hypodermic needle that lay hidden within. The needle drew blood from her finger. Doe was prescribed medication for possible exposure …

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CJEU: airline crew members can sue their employer at their “home base”

Ryanair and Crew link are companies established in Ireland. Ryanair is active in the international passenger air transport sector. Crewlink is specialised in the recruitment and training of cabin crew for airlines. Between 2009 and 2011, employees of Portuguese, Spanish and Belgian nationality were hired by Ryanair or by Crewlink, then assigned to Ryanair, as …

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Austrian Supreme Court: sporting operator not liable for banana boat accident

In August 2013, the plaintiff who spent his holidays at an Austrian lake booked a “banana boat ride” operated by the defendant. Before mounting the “banana”, the participants were instructed that the banana was likely to capsize and they should cling on tight. During the ride which was operated in an accurate manner and at …

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Irish High Court decides against hill-walker injured in fall on boardwalk on mountain slope

The hill-walker fell on a dry day when one foot struck the lip of a hole in a wooden ex-railway sleeper laid as part of a boardwalk in a mountain area of scenic and habitat importance. This caused her to fall forward and her right knee hit raised u-nails hammered into the sleeper and deliberately …

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New Book Review – Turističko pravo/Tourism Law

Authors: Prof. Dr. Dragan Vujisić, Faculty of Law, University of Kragujevac and Doc. Dr. Andrej Mićović, Faculty of Hotel Management and Tourism in Vrnjačka Banja, University of Kragujevac Reviewer: Snežana Miladinović, Ph.D., Full-time Professor, Faculty of Law, University of Montenegro The textbook Tourism Law, written in Serbian by Prof. Dr. Dragan Vujisić and Doc. Dr. …

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