Hotels

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Austrian Supreme Court: hotelier liable for legionella disease

In April 2003, the plaintiff stayed at the defendant's hotel. When using the shower she caught a legionella infection which led into a pneumonia. The reason for the contamination of the bathing water was an insufficient circulation speed which made the water cool down to a temperature that stimulated the reprduction of legionella bacteria. Up to (at least) March 2003, the hotelier had engaged a plumber to take care of the maintenance of the water pipe system.

Michael Wukoschitz's picture

IFTTA Law Review 3-2013 now available online

The IFTTA Law Review 3-2013 is now available in the members area of the IFTTA website. It includes an article by Paul Edelman on "The Athens Convention as applied in the United States and abroad to cruise line accident litigation", a report on IFTTA's 24th Conference in Prague by Klaus Tonner as well as court cases dealing with international iurisdiction in regard to hotel liability (USA) and air carrier liability according to the Montreal Convention (UK).

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UK: Court of Appeal decides in broken glass door case

The case relates to an accident suffered by the plaintiff when on holiday in Barbados in September 2008. She had gone onto the balcony of her hotel room to read a book, closing
behind her the sliding glass balcony doors. When the telephone in her room rang a short time later, she got up from her chair and made to go back to the room, but she walked into

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USA: “dirtiest hotel in America” not defamatory

In 2011, TripAdvisor rated Grand Resort Hotel and Convention Center in Pigeon Forge, Tennessee number one on its list of the “Dirtiest Hotels in America.” Grand Resort’s sole proprietor filed suit against TripAdvisor, alleging claims of defamation, false-light invasion of privacy, tortious interference with prospective business relationships and trade libel/injurious falsehood.  The district court granted TripAdvisor’s motion to dismiss, finding the list to be protected opinion and therefore not capable of being defamatory. The U.S.

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USA: New Jersey judge dismisses hotel waitresses' gender discrimination claim

A group of 22 waitresses of the Borgata Hotel and Casino in Atlantic City filed a law suit for gender discrimination. The hotel explicitly hires cocktail waitresses based on appearance and requires them to meet and maintain certain weight standards and wear short dresses while male servers are not held to the same standards. However, a New Jersey judge dismissed these claims and concluded that the plaintiffs knew what they were getting themselves into, and that the hotel had been clear about the fact that personal appearance was a key component of the job.

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UK: OFT consults on proposed hotel booking commitments

The UK Office of Fair Trading (OFT) opened a consultation on commitments proposed by Booking.com B.V. (Booking.com), Expedia Inc (Expedia) and InterContinental Hotels Group plc (IHG), designed to address its competition concerns in relation to the online offering of room only hotel accommodation bookings by Online Travel Agents (OTAs).

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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 commuter platforms.

Source: Travel Weekly

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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 charge for amenities such as newspapers, use of onsite exercise or pool facilities, or internet access, sometimes referred to as ‘resort fees'.

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Austrian Supreme Court: domain "hotel.eu" registered in bad faith

Shortly before the start of the registration for ".eu" domains, the plaintiff who was not active in the accomodation business had registered a mixed figurative and verbal trademark "HOTEL" which was only admitted because of the distinctive graphic design. Apart from that, the plaintiff had registered 30 to 40 generic tradmarks in Austria and acquired 180 domains consitsting of generic terms. In ADR proceedings pursuant to Article 22 of Reg. (EC) No 874/2004 the ADR panel held that the domain registration had been made in bad faith and therefore was speculative and abusive.

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USA: defamation lawsuit against TripAdvisor dismissed

TripAdvisor.com provides information on various hotels, resorts and restaurants worldwide. Visitors to TripAdvisor's website can review these businesses by responding to surveys or post comments about their personal experiences. Based on these reviews, TripAdvisor compiles and publishes rankings, categorizing the businesses listed. In 2011 a ranking of "dirtiest hotels" identified the Grand Resort Hotel & Convention Center in Pigeon Forge, Tennessee, as the "dirtiest hotel in America".

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