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CJEU: a flight during which an unscheduled stopover took place cannot be regarded as cancelled

On Oct. 5, 2016 the Court of Justice of the European Union (CJEU) provided another clarification regarding the interpretation of Reg. (EC) No. 261/2004. The case involved an Bulgarian Air Charter flight from Burgas (Bulgaria) to Dresden (Germany). The flight departed as scheduled but made an unscheduled stopover in Prague ...
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IFTTA Law Review 2-2016 available online

The IFTTA Law Review 2-2016 is now available online within the members area. It includes a report on the IFTTA North America Conference 2016 by Doug Crozier and an article on the Chinese influence on Tourism in Cuba by John H. Thomas. Enjoy reading!
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German Supreme Court: transfer of package booking can be made subject to payment of higher ticket price

According to Article 4 para 3 of the Package Travel Directive 1990/314, a consumer who is prevented from proceeding with the package may transfer his booking to another person who satisfies all the conditions applicable to the package but he remains jointly and severally liable to the organiser for the ...
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CJEU Advocate General: bird strikes do not constitute ‘extraordinary circumstances’

In an opinion delivered on July 28, 2016, CJEU Advocate General Bot has concluded that bird strikes do not fall within the extraordinary circumstances defence currently available to air carriers according to Article 5 para 3 of Reg. (EC) 261/2004. In the Advocate General's opinion, such incidents are inherent in ...
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CJEU clarifies remdies for downgrading in air travel

In a recently published judgement, the European Court of Justice has clarfied the rules applying to downgrading of air passagners according to Reg. (EC) No 261/2004. The court held that where a passenger is downgraded on a flight, the price to be taken into account in determining the reimbursement for ...
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EU Commission adopts proposals to simplify and improve passenger ship safety rules

The European Commission has adopted a number of legislative proposals to simplify and improve the common rules on safety of ships carrying passengers in EU waters. The update is a response to lessons learnt, including from accidents, and technological developments. It will, among others, allow immediate access of competent authorities ...
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U.S.A.: DOT fines airlines for not adequately responding to complaints of disabled passengers

The U.S. Department of Transportation (DOT) today fined Air France, Lufthansa, and British Airways for not adequately responding to complaints filed by passengers with disabilities. Air France and Lufthansa were each fined USD 200,000 and British Airways was fined USD 150,000. The airlines were also ordered to cease and desist ...
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EU: Commission refers Germany to Court over VAT rules for travel agents

The European Commission has decided to refer Germany to the Court of Justice of the European Union for its failure to properly apply the special value added tax (VAT) scheme for travel agents, as provided for in the VAT Directive (Council Directive 2006/112/EC). The scheme aims to simplify and amend ...
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IFTTA Law Review 1-2016 online

The latest edition of the IFTTA Law review is now available online in the members area. It contains an editorial on the new European Package Travel Direcdtive, an article by Rebekah Tanti-Dougall on disruptive air passengers and an article by Uta Stenzel on the German model of consumer conciliation in ...
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Germany: air carriers allowed to demand immediate payment of the full fare upon booking

The German Civil Supreme Court (BGH) decided that it cannot be regarded an unfair term if an air carrier demands immediate payment of the full ticket fare upon booking. Even though air transport contracts were regarded as service contracts, the general rules on service contracts would only to a small ...
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CJEU decides on admissiblity of capping discounts in online travel bookings

Eturas is the holder of exclusive rights to, and administrator of, the E-TURAS system, a common online travel booking system in Lithuania. It allows travel agencies which have acquired by contract an operating licence from Eturas to offer travel bookings for sale on their websites, through a uniform presentation method ...
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CJEU: employers can claim for damages under Montreal for their empolyees’ flight delays

Upon request of the Lietuvos Aukščiausiasis Teismas (Supreme Court of Lithuania) in proceedings between Air Baltic Corporation AS (‘Air Baltic') and Lietuvos Respublikos specialiųjų tyrimų tarnyba (Special Investigation Service of the Republic of Lithuania - ‘the Investigation Service'), the Court of Justice of the European Union has provided an interpretation ...
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German Supreme court decides on tour organiser liabilty for local excursion

The plaintiffs had booked a package holiday to Bulgaria with the defendant. Upon arrival, they recieved a weclome folder which contained a sheet titled "Your Excursions", carrying the defendant's logo and promoting varoius events and excursions. In the bottom line it said that the excursions were organised by a local ...
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Austrian Supreme Court: railway company not liable for stolen luggage

The plaintiff traveled by train with the Austrian national railway company ÖBB. She carried a large travel bag which she put on the floor of the aisle. The conductor orderd her to place her bag to the baggage compartment of the wagon which could not be observed from her seat. ...
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IFTTA Law Review 3-2015 available for download

The IFTTA Law Review 3-2015 is now available for download in the members area. It contains articles by Ernst Führich on the European Air Passenger Rights Regulation and by Ivo Mravicic ont the contractual relation between hotels and tour operators as well as a recent judgement of the CJEU with ...
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CJEU Advocate General: National Enforcement Body must not take enforcement measures to pursue claims of individual air passengers

Upon reference for preliminary ruling lodged by the Dutch Raad van State (State Council), the Advocate General of the CJEU has delivered an opinion according to which Article 16 of the Air Passenger Rights Regulation 261/2004 only entrusts the National Enforcement Bodies (NEBs) with the task to secure general compliance ...
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Argentina: new law requires airlines to provide gluten-free meals

According to a new Argentinian law (27,196), airlines are amongst institutions which must offer at least one gluten-free food choice. The law declares early detection, diagnosis and treatment of coeliac disease and access to gluten-free food a matter of national interest.Source: Article by Elizabeth Mireya Freidenberg, published on http://www.internationallawoffice.com
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Travel Directive 2015/2302/EU published

The new Directive on package travel and linked travel arrangements has been published in the Offical Journal of the European Uniontoday.Tthe Travel Directive has the number 2015/2302/EUOJ 2015 L 326/1According to Article 28 it has to be implemented by the member states by Jan 1, 2018 and to be applied ...
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USA: DOT reminds airlines on their obligations regarding damaged baggage

Following a routine airport inspection at 16 airports nationwide in a two week period in September 2015, the U.S. Department of Transportation issued a notice reminding airlines that they are required to compensate passengers for damage to wheels, straps, zippers, handles, and other protruding parts of checked baggage beyond normal ...
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European Parliament adopts new Travel Directive

European Parliament has just adopted the new Travel Directive thereby the legislative procedure is completed!
24+6 months for implementation after publication in the OJhttp://www.europarl.europa.eu/news/en/news-room/content/20151022IPR98799/html/MEPs-adapt-package-travel-rules-to-the-digital-age* The text of the new Travel Directive can be found here (final version adopted by Council:9173/3/15 REV 3)http://data.consilium.europa.eu/doc/document/ST-9173-2015-REV-3/en/pdf
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German Supreme Court: mandatory tips on cruise ships have to be included in final the price of the arrangement

The defendants , a cruise operator and its German representative, had advertised cruises in a German railway journal. The indicated price "from EUR 799 per person" had a footnote which said that in addition, cruise passengers at the end of the cruise are committed to pay a tip of EUR ...
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IFTTA Law Review 2-2015 online

The latest edition of the IFTTA Law Review is now available online in the members area of the website. It contains an article by Stefan Koch on Ship emmissions and International Maritime Law as well as reports on this year's IFTTA North America Conference and the 8th IFTTA Europe Workshop. ...
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Air carriers to stack passengers in aircrafts?

According to a report published on telegraph.co.uk, aircraft manufacturer Airbus has designed a mezzanine level for planes which would stack passengers above others. However, it is questionable, that the invention will ever make it past the design stage. To read the article which also contains sketches of the mezzanine level ...
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Nevada: Seller of travel registration law repealed following six-year suspension

Nevada Governor Brian Sandovalsigned a billon June 10, 2015 repealing a law, that for decades, required all travel agencies doing businesswith Nevada consumers to register, maintain trust accounts and support a consumer recovery fund. Prior to the repeal, the Nevada legislature instituted three suspensions of the seller-of-travel law (NRS 598.305 ...
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Australia: New South Wales Supreme Court decides on jurisdiction in hotel liablility case

The plaintiff was injured during a family holiday in Bangkok in June 2013. She was a guest at the Mandarin Oriental Hotel, and was participating in a Thai cookery class conducted by the Hotel when the floorboards on which she was standing gave way, causing her to injure her shoulder.The ...
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Germany: operator of a hotel review website not liable for insulting postings

The plaintiff, a hotel company, sued the operator of a hotel review website over a posting which alledged that in the plaintiff's hotel the guests got "only bed bugs for the EUR 37,50 paid per night". The defendant's website offers the opportunity to post hotel reviews and rate hotels. A ...
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Thailand: new International Carriage by Air Act

Thailand which is not a party of the Montreal Convention yet has adopted a new International Carriage by Air Act to come into force on May 14, 2015. The Act will apply to domestic and international carriage by air and will replace the application of the Thai Civil and Commercial ...
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IFTTA Law Review 1-2015 available online

The IFTTA Law Review 1-2015 has been uploaded to the members' area of the IFTTA website. It contains articles on the European Passenger Rights Regulations (Tobias Eberharter), the Israeli experience with the cancellation of airline commissions to travel agents (Dov Kolani) and the issue of forseeable hazards in the toursim ...
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Austria: Supreme Court decides on tour organizer liability for accident at local excursion

The plaintiff had booked a package to the Dominican Republic with the defandant. Defendant's terms and conditions provided that with regard to third party services (such as local excursions), the defendant was only liable for proper intermediation but not for the proper performance of the services themselves. Defendant's local representative ...
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Germany: two new Supreme Court decisions on air passenger rights

On March 17, 2015 the German Supreme Court (BGH) has passed two judgements with regard to Regulation (EC) 216/2004.The first judgement relates to an infant flying free of charge with the parents. As the flight was delayed for more than 6 hrs at arrival a law suit was filed for ...
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