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European Court of Human Rights: few hours’ detention of airline passenger for airport security checks not excessive

In its decision in the case of Gahramanov v. Azerbaijan (application no. 26291/06) the European Court of Human Rights (ECHR) has, by six votes to one, declared the application inadmissible. The decision is final.The case concerned an airline passenger who complained in particular that his detention by the State Border ...
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Conference on latest developments in European Travel Law at ERA in Trier, Dec. 5-6, 2013

The Academy of European Law (ERA) will be holding a conference on the latest developments in European Travel Law in Trier (Germany) on Dec. 5-6, 2013. The objective of this conference is to analyse the existing legislative framework in the field of travel law at EU level and proposals for ...
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CJEU: Including fingerprints in passports is lawful

Mr Schwarz applied to the Stadt Bochum (city of Bochum, Germany) for a passport, but refused at that time to have his fingerprints taken. After the city rejected his application, Mr Schwarz brought an action before the Verwaltungsgericht Gelsenkirchen (Administrative Court, Gelsenkirchen, Germany) in which he requested that the city ...
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USA: DOT fines United Airlines USD 1.1 million for lengthy tarmac delays

The U. S. Department of Transportation (DOT) on Oct. 25, 2013, fined United Airlines USD 1.1 million for lengthy tarmac delays that took place at Chicago-O'Hare International Airport on July 13, 2012. The airline was ordered to cease and desist from future violations of the tarmac-delay rule. This is the ...
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USA: Appelate court decides on angry passenger’s Facebook and Twitter posts about an airline employee

An operations agent employed by Southwest Airlines brought an action against a passenger for posting allegedly false and defamatory statements on Twitter and Facebook regarding actions taken by agent when passenger attempted to board a flight. The plaintiff alledged that the defendant knowingly and intentionally, or in the alternative, with ...
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European Court of Human Rights affirms internet news portal’s liability for offensive online comments of its readers about a ferry company

In January 2006, Delfi AS, a public limited company registered in Estonia and owner of one of the largest internet news sites in the country, published an article on its webpage about a ferry company. It discussed the company's decision to change the route its ferries took to certain islands. ...
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Master program in International Tourism Management and Analysis (ITMA)

The University of Olbia, Sardiania, Italy (Polo Universitario di Olbia)is organizing aMaster program inInternational Tourism Management and Analysis (ITMA), starting fromNovember 2013,completely delivered in English.The expiration date for application is October 21, 2013.Please draw your attention to the fact thatthree scholarship are still available.For further information, please contact <master@uniolbia.it> or ...
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France: Court of Appeal affirms fine for price fixing in the leisure and tourism sector

In a decision of June 6, 2013, the Paris Court of Appeal upheld a decision of the French Competition Authority fining the Géfil trade association and ten consulting firms in the leisure, culture and tourism engineering sector a total amount of EUR 660.700 for having issued instructions to use “fair ...
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UK: Court of Appeal clarifies “accident” according to Article 17 of the Montreal Convention

The plaintiff had a history of some gynaecological issues and she had been prone to recurrent symptoms suggestive of urinary infection, ie. cystitis. She had treated herself and had bought "over the counter" medication to take if she had an episode of it. She had packed this medication in her ...
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Australia: hotel not liable for security guard

The appellant was a patron at the respondent Hotel on the night of 4 July 2008. The manager on duty that night formed the view the appellant was intoxicated, and after speaking with the Hotel's licensee, instructed a security guard to remove her from the premises. He did so by ...
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USA: DOT fines Virgin America for failing to make safety videos accessible to passengers with hearing impairments

The U.S. Department of Transportation (DOT) fined Virgin America USD 150,000 for failing to make its in-flight safety video accessible to passengers with hearing impairments. The airline also was ordered to cease and desist from further violations.An investigation by DOT's Aviation Enforcement Office found that since October 2007, when the ...
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ECJ: Delayed rail passsengers are entitled to a partial price refund – even in cases of force majeure

The Regulation (EC) No 1371/2007 on rail passengers' rights and obligations provides that the liability of railway undertakings in the case of delay is governed by the Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail, subject to the applicable provisions of the regulation.In accordance ...
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ECJ: the special VAT scheme for travel agents is not limited to sales of travel services to travellers

The European Commission brought a series of infringement proceedings against eight Member States for failure to comply with their obligations under the directive 2006/112/EC on the common system of value added tax. The actions relate to the special scheme for travel agents.The Commission considered that the special scheme for travel ...
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German Supreme Court: “bird strike” constitutes “extraordinary cicumstances”

In judgements issued yesterday in two parallel cases, the German Supreme Court (BGH) has held that a bird strike constitutes extraordinary circumstances and thus exempts the air carrier from the obligation to pay compensation to the passengers in case of a cancellation or a long delay if the air carrier ...
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Germany: Supreme Court reconfirms compensation for missed connecting flight

In a recent judgment, the German Supreme Court (BGH) reconfirmed that passengers who miss their connecting flight due to a delay of the feeder are entitled to claim for compensation if they reach their final destination 3 hrs or more after their scheduled arrival. The plaintiffs had booked a flight ...
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Canada: CTA orders Air Canada and Porter Airlines to revise domestic tariff provisions

In two separate decisions of Aug. 29, 2013, the Canadian Transportation Agency (CTA) ordered Air Canada and Porter Airlines to revise certain domestic tariffprovisions. A tariff is the contract between the carrier and the passenger which contains an air carrier's terms and conditions of carriage. Tariff provisions are enforceable by ...
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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 ...
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UK: Virgin Atlantic looses dispute over flat bed airline seat patent

Virgin Atlantic Airways Ltd sought to recover damages exceeding £49,000,000 for the infringement of its flat bed airline seat patent. However, the Technical Board of Appeal ("TBA") of the European Patent Office ("EPO") found that in the form in which the patent was originally granted the relevant claims were invalid ...
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Canada: CTA decides on overbooking – and finds European compensation system unreasonable

On December 12, 2011, Gábor Lukács filed a complaint with the Canadian Transportation Agency (CTA) alleging that Air Canada's practice of overselling domestic flights and certain domestic tariff provisions governing denied boarding compensation appearing in Air Canada's Tariff are unreasonable. He requested the CTA to:direct Air Canada to cease and ...
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Committee on Transport and Tourism of the European Parliament publishes Draft Report on the Commission’s proposal for a new Air Passenger Rights Regulation

On August 26, 2013, the Committee on Transport and Tourism of the European Parliament has published a Draft Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event ...
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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 ...
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U.S. Court: American citizens have a constitutionally protected right to travel by air

The American Civil Liberties Union (ACLU) launched the case before a U.S. District Court in Oregon on behalf of 13 plaintiffs who are on the U.S. government's secretive no-fly list. The plaintiffs, who include four U.S. military veterans, have never been told why they are on the list or given ...
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USA: DOT fines ticket agents for code-share disclosure violations

The U.S. Department of Transportation (DOT) fined three ticket agents for violating the Department's rules on disclosure of code-share flights. DOT's Aviation Enforcement Office made telephone calls to a number of agents during January and February of 2013 and inquired about booking certain flights. During these calls, the reservations agents ...
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U.S. travel industry worried about anti-gay law in Russia

According to a report published in "Travel Weekly", the travel industry in the U.S. struggled to decide how to handle Russia's recently enacted anti-gay law, which could potentially put clients traveling to Russia at risk of arrest. The law prohibits the “propaganda of nontraditional sexual relations among minors" but is ...
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Egypt: tourism minister sends message to travel industry via YouTube

The Egypt Tourist Authority released a YouTube video of Egyptian Tourism Minister Hisham Zaazou asking the travel industry to help lobby their governments to ease travel advisories and to assist Egypt's tourism recovery, which has been crippled by the country's ongoing political violence and unrest.Source: Travel Weekly; find article here>>.
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USA: DOT releases guidance for Internet flight-search tools

According to an article published in "Travel Pulse", the U.S. Department of Transportation (DOT) has released a guidance document for travel agencies that operate Internet flight-search tools on how these agencies should disclose the carriers they do not market in their search results. In particular, DOT will consider it an ...
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UK: OFT consults on proposed hotel booking commitments

The UK Office of Fair Trading (OFT) opened a consultation on commitmentsproposed 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).The three businesses ...
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German court requests ECJ preliminary ruling with regard to passport data

The German Verwaltungsgerichtshof Baden-Württemberg has filed a reference for preliminary ruling to the ECJ regarding interpretation of Regulation (EC) No 2252/2004 on standards for security features and biometrics in passports and travel documents issued by Member States. The reference includes the following questions:In accordance with the annex to Regulation (EC) ...
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IFTTA Law Review 2-2013 available online

The latest edition of the IFTTA Law review containing a message of the president and articles by Gianluca Rossoni on the impact of the EU Consumer Rights Directive on tourism and by Maria Goretti Sanches Lima on package travel in the EU and Brazil is now available online in the ...
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Canada: Federal Court of Appeal decides on exclusivity of Montreal Convention liabiliy rules

Pursusant to the Official Languages Act, Canadians have the right to communicate with federal institutions in either of the two official languages English and French. Air Canada is subject to this act and therefore must provide services in both official languages.Mr and Mrs Thibodeau - passengers on round-trip flights leaving ...
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