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German court: tour organizer not entitled to a general cancellation fee of 90 percent of the package price in case of no-show

According to the General Conditions of Contract of a German tour organizer, consumers had to pay a cancellation fee of 90 percent of the full package price if they didn't show up at departure. The cancellation fee applied regardless of the character of the package (air package, round trip, hotel ...
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UK: Competion and Markets Authority action on seconary ticketing website shows results

A Competition and Markets Authority (CMA) action has resulted in 4 of the largest UK secondary ticket platforms for music, sports and theare tickets – GET ME IN!, Seatwave, StubHub and viagogo – giving undertakings to build upon their existing practices and give improved information to buyers about the tickets ...
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CJEU: computerised booking systems must, from the outset, indicate the final price of each flight ticket

The German Federal Union of Consumer Organisations and Associations was challenging before the German courts the way in which air fares were presented in Air Berlin's computerised booking system, as configured in November 2008: Once the date and airports of departure and arrival had been selected, the booking system displayed ...
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IFTTA Law Review 3-2014 online

The IFTTA Law Review 3-2014 is now available online. It contains the second part of IFTTA's Submission to the UNWTO on the Draft Convention on the Protection of Tourists and Tourism Service Providers and an article by Andras Salamon on "New Interpretation of the Travel Contract in the current Civil ...
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California: Procedural change exempts additional Sellers of Travel from trust & surety bond requirements

Earlier this year, the California Attorney General's Office introduced a Form 750 affidavit which effectively expands a trust/surety bond exemption for Sellers of Travel. The California Seller of Travel statute (Cal. Bus. & Prof. Code § 17550 et seq)comes with no accompanying adminstrative regulations and no public announcement was made ...
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Singapore: new regulation on tourist guides

According to the Singapore Tourism Board Act which came into force Oct. 7, 2014, tourist guides have to be licenced by the Singapore Tourism Board. Licenced tourist guides receive a tourist guide badge. Actiing as a tourist guide without a valid licence is regarded an offence with a penalty of ...
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German Supreme Court regards Lufthansa’s frequent flyer terms and conditions lawful

The Plaintiff was a participant of Lufthansa's frequent flyer programme ("Miles & More") terms and conditions of which state that air tickets aquired under the programme must not be transferred to any third persons unless this person had a tight personal relationship to the participant. Nevertheless, the plaintiff booked air ...
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USA: new DOT web page on Passenger Cruise Ship Information

To assist cruise ship passengers, the U.S. Department of Transportation has set up a web page sharing information and resources provided byother Federal agencies. The information covers "Consumer Assistance", "Vessel Safety", "Cruise Line Incident Reporting Statistics" and "Criminal Activity Prevention and Response Guide (Security Guide)". The new web page is ...
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Canada: denied boarding claim dismissed by Ontario Superior Court of Justice

The plaintiff booked a seven-day trip to Jamaica with WestJet. On September 18, 2011he was given a boarding pass for the outward flight when he presented his Canadian citizenship card at the airport. After a week in Jamica, he presented himself for boarding for the return flight but was denied ...
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CJEU on surcharge for checked-in baggage (Thursday)

The CJEU has just decided this morning, that "The price in respect of carriage of checked-in baggage is not an unavoidable and foreseeable item in the fare for air travel, but may be an optional price supplement" on the basis of the Air Services Regulation 1008/2008/EC.Case C-487/12 (Vueling/Instituto Galego de ...
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CJEU: passport cancelled – visa lives on

On 8 October 2010, an Indian citizen travelled from Moscow to Riga with Air Baltic. At the border control at Riga airport, he presented a valid Indian passport without a visa and a cancelled Indian passport to which a valid uniform visa issued by Italy was affixed. The Indian citizen ...
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CJEU provides another clarification of the Air Passenger Rights Regulation (EC) 216/2004

In its judgement of today, the Court of the European Union (CJEU) held that the ‘arrival time', which is used to determine the length of the delay to which passengers on a flight have been subject, corresponds to the time at which at least one of the doors of the ...
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IFTTA Law Review 2-2014 available online

The IFTTA Law Review 2-2014 is now available online. It contains an article by Maria Goretti Sanches Lima on The Brazilian World Cup Statute and Part 1 of IFTTA's Submission to the UNWTO on the Draft Convention on the Protection of Tourists and Tourism Service Providers. The journal can be ...
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ABTA Launches Manifesto

Following on from ABTA's Travel Matters' conference, the association has now launched its manifesto for the industry with its eye on the next election. Top of the agenda is ABTA's push for a decrease in the airport duty tax to give a boost to the industry. There was no commitment ...
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USA: TSA announces tighter security measures at certain airports

The Department of Homeland Security (DHS) directed the Transportation Security Administration (TSA) to implement enhanced security measures in the coming days at certain overseas airports with direct flights to the United States. All electronic devices are screened by security officers. During the security examination, officers may also ask that owners ...
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USA: court finds ‘No Fly List’ unconstitutional

A federal judge in Orgeon struck down as unconstitutional the government's procedures for people on the No Fly List to challenge their inclusion. The decision came in an American Civil Liberties Union (ACLU) lawsuit brought on behalf of 13 Americans who found themselves on the list without any notice, reasons, ...
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Travel firms urged make costs more transparent for travellers

Travel companies need to ensure their customers have consented to all additional payments added to the price of their holiday, to ensure compliance with the new Consumer Contracts Regulations, which came into force in the UK on 13 June 2014.Travel companies, however, may not be aware that their customers won't ...
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Travel firms urged make costs more transparent for travellers

Travel companies need to ensure their customers have consented to all additional payments added to the price of their holiday, to ensure compliance with the new Consumer Contracts Regulations, which came into force in the UK on 13 June 2014.Travel companies, however, may not be aware that their customers won't ...
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Travel firms urged make costs more transparent for travellers

Travel companies need to ensure their customers have consented to all additional payments added to the price of their holiday, to ensure compliance with the new Consumer Contracts Regulations, which came into force in the UK on 13 June 2014.Travel companies, however, may not be aware that their customers won't ...
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ABTA Travel Matters Conference

ABTA TRAVEL MATTERS CONFERENCE Tax on tourism is hampering growth in the industry and a new runway is needed in the South East. The theme of ABTA's annual Travel Matters conference held on 18th June 2014 was ‘Targeting Growth, 2015 and beyond'. The conference boasted an impressive panel including the ...
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US Department of Transportation Rule on Web Accessibility for Large Travel Firms Takes Effect

I published a blog on a new US Department of Transportation rule which requires certain travel companies to implement procedures aimed at ensuring that people with disabilities receive equal access to airfare information quoted online. Click here to view the articlehttp://zimtravellaw.com/travel-blog
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US Department of Transportation Rule on Web Accessibility for Large Travel Firms Takes Effect

I published a blog on a new US Department of Transportation rule which requires certain travel companies to implement procedures aimed at ensuring that people with disabilities receive equal access to airfare information quoted online. Click here to view the articlehttp://zimtravellaw.com/travel-blog
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German Supreme Court: general strike or breakdown of the radar system qualify as “extraordinary circumstances”

The German Supreme Court (BGH) recently decided two cases related to flight delays.In the first case, the plaintiff's flight from Frankfurt/Main to Menorca was delayed more than 3 hrs because of a general strike in Greece which affected the previous circulation of the aircraft. The return flight to Frankfurt was ...
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High Court ruling in Huzar v Jet2.com Limited is a ‘blow’ for the industry

The UK travel industry will be bracing itself for potentially the largest financial threat of all time, following the High Court ruling today in the case of Ron Huzar Vs Jet2.com Limited. The airline Jet2, has lost its appeal against a County Court Ruling, which held it was liable to ...
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More references for CJEU prelimiary ruling on Air Passenger Rights Regulation lodged by German courts

With regard to Reg. EC No 261/2004 (" Air Passenger Rights Regulation") the follwowing issues have recently been referred to the CJEU by German courts:1. Reference of Feb. 4, 2014 by Landgericht Hannover (C-79/14 - TUIfly):Is Article7 of Regulation EC No261/2004 of the European Parliament and of the Council to ...
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European Commission: Member States still need to strengthen enforcement of air passenger rights

The European Commission has published today a review of passenger rights' complaint handling and enforcement in the European air transport sector between 2010 and 2012. The review shows that complaints to national authorities for compensation and assistance have returned to lower levels since the exceptional year 2010 (ash cloud crisis, ...
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ICAO: Tokyo Convention amended by new Protocol

On 4 April 2014, an International Civil Aviation Organisation (ICAO) conference in Montreal adopted a Protocol to amend theConvention on Offences and Certain Other Acts Committed On Board Aircraft 1963(Tokyo Convention). The Protocol will come into force when 22 member states ratify the instrument. The Protocol expands the jurisdiction over ...
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German Court: air carrier liable for allergic reaction to hot towel

In a recent judgement the Oberlandesgericht Frankfurt am Main held that an air carrier was liable for a passenger's allergic reaction to the hot towels distributed during the flight. In October 2010, the plaintiff traveled on a fligth from India to Germany. She told one of the flight attendants that ...
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U.S. Supreme Court: Frequent flier claim preempted by Airline Deregulation Act

Northwest terminated Rabbi S. Binyomin Ginsberg's membership in its frequent flyer program, apparently based on a provision in the fre­quent flyer agreement that gave Northwest sole discretion to deter­mine whether a participant had abused the program. Rabbi Ginsberg filed a suit, asserting, that Northwest had breached its contract by revoking ...
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Waiver & Release Agreements Barred in Virginia but Still Very Useful for Travel Companies

Since the 19th Century, Virginia courts have maintained that waiver and release agreements for personal injuries violate public policy and are, therefore, prohibited in the Commonwealth. In my new blog article published this morning, I discuss seven reasons why it still makes good sense for Virginia-based travel businesses to continue ...
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