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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 ...
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CJEU decides on forum in air passenger rigths cases

In Rehder v Ari Baltic (C-204/08) the Court of Justice of the Europena Union had decided that in the case of air transport of passengers from one Member State to another Member State, carried out on the basis of a contract with only one airline, which is the operating carrier, ...
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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 ...
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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 ...
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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 ...
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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 ...
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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, ...
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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 ...
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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 ...
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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. ...
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Book Review in English and Spanish

Author: Julio Facal, Manual de Derecho Hotelero, AHRU [Asociación de Hoteles y Restaurantes de Uruguay] RUMBO editorial [info@ahru.com.uy; jfacal@yelpofacal.com], Montevideo, 2016 [2017 second edition, in process];120pp, US $20. Reviewer:Diego R. Gonzalez. Buenos Aires,. (diegon@me.com). President of Worldwide Airport Lawyers Association – WALA. www.wala.aero With this book Julio Facal has immerse ...
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CJEU decides on disclosure of air ticket price components and cancellation fees

A German Consumer Association (Bundesverband der Verbraucherzentralen und Verbraucherverbände) made a test booking on Air Berlin's website and found that the taxes, charges and fees applicable to the ticket were indicated as being only 1 Euro or 3 Euro while the real taxes, charges and fees must have been much ...
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Irish Court of Appeal finds airport authority not liable in negligence for passenger fall on moving escalator.

The 64 year old woman who had never been on an escalator before fell on the moving escalator which was taking her up from the check-in area to the departure area. The escalator was found to have been installed and operating normally in compliance with recommended standards and did not ...
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Australia: hotel occupier liable for fall at raised timber platform in the lobby

Shortly before midday on 19 June 2009 the plaintiff tripped over the corner of a raised timber platform in the lobby area of the Manly Pacific Hotel. As a result he suffered injuries to his neck, right shoulder and back. That relatively dark timber platform was a permanent structure in ...
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USA: 9th Circuit Court of Appeal upholds block on “Travel Ban”

In a unanimous, per curiam ruling, a three-judge panel largely upheld the block on President Trump's revised Travel Ban keeping people from six majority-Muslim nations from entering the United States for 90 days. The judges pointed out that although the Immigration and Nationality Act (“INA”) gives the President broad powers ...
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Irish High Court denies compensation to hotel guest who fell out of bedroom window

The High Court held that a hotel guest who had opened his bedroom window to smoke illegally and who fell out of the window [rather than jumping out as had been alleged after a row with his girlfriend] lost his claim for compensation. This despite the defendant being held to ...
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Brazilian courts to apply Montreal Convention, finally?

According to an article published on "Lexology", on May 25, 2017 the Brazilian Supreme Federal Tribunal has passed a judgement which acknowledges the application of the Montreal Convention in international air transport cases. Although Brazil is party to the Warsaw and the Montreal Convention which both provide for their exclusivity, ...
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CJEU Advocate General: Uber can be required to obtain the necessary licences under national law

In 2014 the Asociación Profesional Elite Taxi (‘Elite Taxi'), a professional organisation representing taxi drivers in the city of Barcelona, brought an action before Commercial Court No 3 in Barcelona asking the court, inter alia, to impose penalties on the Spanish company Uber Systems Spain SL (‘Uber Spain'), a company ...
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Germany: no free termination of package contract because of voided passports

The plaintiff had booked a holiday package to the U.S. organized by the defendant. She was supposed to travel to the U.S. together with her husband and her daughter on May 19, 2013. In January 2013 she applied for new passports for her daughter and herself which were issued and ...
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IFTTA Law Review 1-2017 now online

The IFTTA Law Review 1-2017 contains a Message of the President by Marc McDonald, an article on hotel liabilty in personals injury cases by Arie Odinocki, George Nathanael and Hilary Wise and a report on the 6th IFTTA North America Conference by Doug Crozier. It is now available as pdf ...
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CJEU clarifies burden of proof for timely information on flight cancellation

In case of cancellation of a flight, according to Article 5 of Regulation (EC) No 261/2004 the carrier shall be exempt from the obligation to pay compensation if the passengers were informed of the cancellation at least two weeks before the scheduled time of departure. In a judgement of May ...
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CJEU: bird strikes qualify as “extraordinary circumstances”

In a highly anticipated judgement, the CJEU held today that a collision between an aircraft and a bird, as well as any damage caused by that collision, are not intrinsically linked to the operating system of the aircraft, with the result that such a collision is not by its nature ...
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CJEU asked to decide on price quotation for air tickets – which currency?

Article 23 of Reg. (EC) No 1008/2008 provides that with regard to air fares and air rates available to the general public, the final price to be paid shall at all times be indicated and shall include the applicable air fare or air rate as well as all applicable taxes, ...
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German Supreme Court decides on copyright in cruise line logo

AIDA cruise ships are characterized by a distinctive logo consisting of a blue wave, an eye and a pair of red lips on the bow.The artist who created the logo has confered the exclusive right of use to the cruise company. The defendant who offers shore leave trips in Egypt ...
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Russia to become Member of the Montreal Convention

Federal Law No. 52-FZ, published on April 4, 2017 will make Russia part of the Convention for the Unification of Certain Rules for International Carriage by Air 1999 (Montreal Convention). The relevant amendments to the Russian Air Code are made by a separate Bill No. 28636-7. As successor of the ...
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Government draft for the implementation of the new EU Package Travel Directive in Austria

On Feb. 28, 2017 the Austrian Federal Ministy of Justice has published its draft for the implementation of the EU Package Travel Directive 2015/2302. Instead of the current provsions related to package travel in the Consumer Protection Act, there will be a separate Package Travel Act (Pauschalreisegesetz - PRG). This ...
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Austrian Supreme Court decides on KLM’s “Flying Blue” bonus programme term

In a recent decision the Austrian Supreme Court (OGH) upheld a judgement of the appelate court (Oberlandesgericht Wien) regarding a term of KLM's "Flying Blue" bonus programme. According to the decision, a standardized contract term providing that any premium miles shall expire with the lapse of 20 month from their ...
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CJEU decides on communication of broadcasts by TV sets installed in hotel

Upon request for preliminary ruling lodged by the Commercial Court Vienna, the CJEU held that the communication of television and radio broadcasts by means of TV sets installed in hotel rooms does not constitute a communication made in a place accessible to the public against payment of an entrance fee. ...
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Germany: tour organiser has to reimburse package price after car accident caused by third party

The plaintiffs had booked a package to Turkey including air transport, hotel accomodation and a bus transfer from the airport to the hotel. During this transfer a ghost driver's car hit the transfer bus and the passengers were severely injured. Instead of the hotel they were taken to hospital and ...
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IFTTA Law Review 3-2016 available for members

The IFTTA Law Review 3-2016 is now availble in the members area. It contains an article by Graciale Güidi on "sharing economy" and tourist accomodation services as well as a summary of the 27th IFTTA World Conference in Tel-Aviv by Klaus Tonner. Enjoy reading!
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