Wednesday, December 30, 2009
ARTA E-NEWS FOR December 29, 2009 www.artaonline.com
Wednesday, December 23, 2009
Source: marketwatch.com, find article here>>.
Tuesday, December 22, 2009
Source: eTurboNews; find article here>>.
Under a new rule the U.S. Department of Transportation will limit airline tarmac delays to three hours after which U.S. airlines must allow passengers to deplane. Airlines also must provide adequate food and water for passengers within two hours of a plane being delayed on a tarmac and maintain operable lavatories and must provide medical attention when necessary. .
The new rule will become effective in April and applies to domestic flights only. The rule may be obtained on the Internet at www.regulations.gov, docket DOT-OST-2007-0022.Source: DOT press release; find full text here>>.
Monday, December 21, 2009
German Supreme Court: No exclusive "forum rei sitae" in dispute over membership in timesharing association
Upon further appeal of plaintiff, BGH held that membership in a timesharing association was not closely enough connected to the use of real estate property to constitute exclusive jurisdiction of the courts of the Member State in which the property is situated as provided by Art. 22 of the Brussels I Regulation (44/2001/EC): the member's rights and obligations would go beyond the mere right to use of some real estate property. Membership in teh association therefore could not be compared with a tenancy contract. Supreme Court assigned the court of second instance with further proceedings and decision.
Source: BGH press release re case VII ZR 119/08, available in German here>>.
However, before scheduled date of Supreme Court's decison the claim was settled!
Source: BGH press release re cases Xa ZR 72/09 and 86/09; text available in German here>>.
Friday, December 18, 2009
The UK High Court has blocked a 12-day Christmas walkout by British Airways cabin crew after ruling that the strike ballot was illegal. The high court granted BA's request for an injunction against the strike after around 900 cabin crew were balloted despite taking voluntary redundancy. Mrs Justice Cox ruled that the balloting error breached the 1992 Trade Union Act.
The decision means nearly a million BA passengers can complete their journeys as planned over Christmas unless there are wildcat walkouts by the 12,700 cabin crew who supported industrial action.
Source: eTurboNews; find article here>>.
Thursday, December 17, 2009
Source: The Guardian; find article here>>.
“Live the Deal” follows the pattern established in the UN led Copenhagen Seal the Deal campaign by its single minded focus, its simplicity and its broad based engagement goals. It will seek to encourage the sector directly and through representative organizations.
Source: UNWTO press release; find full text here>>.
Monday, December 07, 2009
Source: ForImmediateRelease.net; find article here>>.
ITB World Travel Trends Report 2009 available for download as pdf here>>.
Wednesday, December 02, 2009
Source: Travel Weekly; find article here>>.
The fare stayed on the market only for one day, but that was enough time for hundreds of tickets to be purchased. Three days later, BA unilaterally canceled all those tickets because a mistake had been made.
The U.S. Department of Transportation (DOT) said it conducted a full investigation over the cause, magnitude and consequences of this incident and determined that BA's unilateral cancellation had caused financial harm to a large number of consumers.
The Department ruled that British Airways should compensate affected consumers - which BA agreed to do - but refused to force British Airways to restore the canceled tickets.
Sources: The Washington Times; DOT press release 183-09
Monday, November 30, 2009
At home he looked up the website of the Austrian Ministry of Foreign Aiffairs and found the information that to enter into Morocco for tourist purposes and a period not exceeding three month, Austrian citizens didn't need visa but were required a passport valid throughout their stay. In a guidebook he read that children either needed their own passport or had to be registered in a parent's passport.
At the airport he was told that his son would need his own passport and registration in the mother's passport (without foto) was not sufficient. F. decided to book a 'last minute' package tour to Mallorca. To show goodwill the tour organiser refunded 50 % of the travel price without accepting responsibility.
Back home F. assigned his claim to Austrian Federal Chamber of Labour which filed a law suit against the tour organiser.
Both first instance and second instance (Commercial Court Vienna) dismissed the claim: it was common knowledge that travelling to another country usually requires a passport. From the website of the Ministry of Foreign Aiffairs F. had learned about the requirements but ignored same. He therefore was responsible for contributory neglicence of 50 %. As the tour organiser had refunded 50 % there was no further claim.
Upon appeal of the Federal Chamber of Labour, Austrian Supreme Court held that tour organiser and travel agent had failed to fulfill their information duties: The advice given at the booking confimation was insufficient as the brochure was not handed out and the request to look at a certain website of the Ministry of Foreign Aiffairs or ask an embassy would impose a responsibility on the consumer which information duties of the tour organiser and the travel agent are aimed to avoid. There was no contributory negligence if F. had misunderstood the information given at the website of the Ministry of Foreign Aiffairs. Judgement was therefore given in favour of the claimant.
Supreme Court Judgement 6 Ob 142/09i of Sep.18, 2009 available in German here>>.
Friday, November 27, 2009
Motion for a Resolution by European Parliament
Mathieu Grosch, Artur Zasada on behalf of the PPE Group
Saïd El Khadraoui on behalf of the S&D Group
Dirk Sterckx on behalf of the ALDE Group
Michael Cramer, Frieda Brepoels on behalf of the Verts/ALE Group
European Parliament resolution on passenger compensation in the event of airline bankruptcy
The European Parliament, – having regard to the oral question of 15 October 2009 to the Commission on passenger
compensation in the event of airline bankruptcy (O-0089/09 – B7-0210/2009),
– having regard to Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours,
– having regard to Regulation (EC) No 2027/97 of the European Parliament and of the Council of 9 October 1997 on air carrier liability in the event of accidents,
– having regard to Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators,
– having regard to Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91,
– having regard to Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community,
– having regard to Rule 115(5) of its Rules of Procedure,
A. whereas Council Directive 90/314/EEC regulates aspects of the package holiday business and provides for appropriate compensation and repatriation of consumers in the event of the bankruptcy of package holiday firms,
B. whereasRegulation(EC)No2027/97establishesthenatureofaircarriers'liabilityinthe event of accidents and compensation arrangements for passengers,
C. whereasRegulation(EC)No785/2004laysdowntheinsurancerequirementsaircarriers and aircraft operators must meet,
D. whereas Regulation (EC) No 261/2004 provides for compensation for and assistance to passengers who are denied boarding or whose flights are subject to cancellation or long delay,
E. whereasRegulation(EC)No1008/2008establishesstringentfinancialrulesforaircraft operators,
PE428.771v01-00 2/3 RE\796786EN.doc
F. whereastherehasbeensubstantialgrowthinthelastdecadeinthenumberofrelatively small low-cost carriers flying to recognised holiday destinations and the number of passengers they carry,
G. whereas there have been 77 bankruptcies in the aviation sector in the last nine years, resulting in some instances in many thousands of passengers being stranded at their destinations and unable to use the return portion of their flight ticket,
1. Notes that the Commission has undertaken wide-ranging consultation of stakeholders on the question of airline bankruptcy;
2. Recalls that the Commission undertook a major study of the difficulties surrounding airline bankruptcy and its impact on passengers and forwarded its findings to Parliament in February 2009;
3. Notes the findings of that study and the range of options which it examines;
4. Recalls in this regard that there are a number of options which the Commission could pursue to strengthen the position of passengers of bankrupt airlines, including compulsory insurance for airlines, a voluntary insurance arrangement for passengers which airlines would be required to propose, and the establishment of a guarantee fund;
5. Calls on the Commission to examine the possibility of a legislative proposal and submit it, if it considers it appropriate, by 1 July 2010 which has as its specific objective the provision of compensation for passengers of airlines which go bankrupt and establishes financial and administrative arrangements, including the principle of mutual responsibility for passengers of all airlines flying in the same direction with available seats, which would ensure repatriation for passengers who are stranded at non-home airports in the event of airline bankruptcy; asks the Commission to propose, when reviewing Travel Package Directive 90/314/EC, an extension for repatriation or rerouting for the passengers concerned;
6. Calls on the Commission to consider the possibility of extending such measures to airlines which have ceased operations and caused passengers similar inconvenience to that caused by airlines which go into bankruptcy;
7. Calls on the Commission to investigate the quick release of impounded aircraft by national regulatory bodies so that those aircraft can be used to bring stranded people home;
8. Instructs its President to forward this resolution to the Council, the Commission and the parliaments and governments of the Member States.
Meglena Kuneva, the leaving commissioner for Consumer Policy held a press conference regarding the "Revision of the Package Travel Directive" (see below)
Along the way: The new designated commissioner for Consumer Policy is John Dalli (MT) and for Transport (and as VicePresident) Siim Kallas (EE)
Press conference speaking points
Brussels, 26 November 2009
Ladies and gentleman,
It is my great pleasure today to announce that we intend to review the current EU rules on package travel to give millions of consumers better protection if their holiday goes wrong.
Why do we feel that the current rules need a makeover?
First of all, our current EU law on package travel - the Package Travel Directive - was written almost 20 years ago, in 1990.
Back in those days, millions of European holidaymakers picked their package holiday from a glossy brochure and booked at a travel agent on the local high street.
The Package Travel insisted on:
- clear information in brochures,
- gave people the right to assistance if they had difficulties on the spot,
- gave them protection for substandard services,
- And it put in place insolvency protection if the tour operator or airline went bust.
But the 1990 Package Travel Directive is no longer suited for today’s travel market.
Increasingly large volumes of bookings are made by consumers putting together their own packages, often online.
Today, 56% of EU citizens organise their holidays themselves, so the number of those opting for a traditional pre-arranged package has fallen dramatically.
Just to give you one example, in 1997, 98 % of passengers travelling from the UK on leisure flights were protected by the Directive, now less than 50% are protected.
Fewer and fewer people are getting the holiday protection they deserve. That is NOT good enough. There are 3 main areas I want to focus on in this review:
1. The first, is the central issue of the Scope of the Directive.
Simply put, which of new kinds of package holidays should be covered by EU protection?
Most pressingly, we need to look at adapting the rules to take account of the "next generation" of "dynamic packages". This is where consumers make up their own package choosing two or more services, for example a flight and a hotel, either from one supplier – like Expedia or Opodo. Or from different suppliers that are commercially linked.
In the past 2 years, almost 1 in 4 EU citizens have booked these new "dynamic packages." In some countries, like Sweden and Ireland, the figure is as high as 40%!
My starting point is that we should look to extend the protection in the current directive as far as possible to cover all the new kinds of ‘dynamic packages.’ That way, we can provide more legal certainty for businesses and tough protection for consumers.
Of course we are looking forward to getting detailed feedback from industry and all stakeholders before taking final decisions on this issue.
Package Travel Label
Speaking of legal certainty, I want to draw your attention particularly, to the new ‘Travel Protection Label’ which we are considering introducing. The idea is to have a logo which makes it absolutely clear for consumers and businesses which holidays are covered by this Package Holiday Protection. I hope that this initiative will gain widespread support during the consultation.
2. Legal Responsibility
The second big issue we need to get right in this consultation is the issue of legal responsibility.
Simply put, who is responsible for what when things go wrong? Is it the carrier, is it the travel agent, is it the tour operator?
Today the old distinctions between carriers, tour operators and travel agents are often blurred. It is often not all that clear who is actually responsible for making sure that everything that is the holiday contract which the consumer signs has been properly carried out.
We urgently need to clarify these legal responsibilities.
3. Insolvency Finally, I want to come to the critical issue of protection for consumers in the
case of insolvency – in particular, what do when airlines go bust.
I know that many of you, like me, will have watched with great concern the TV pictures, as Sky Europe, XL, Future, Zoom and other airlines went bankrupt in recent months and years.
Thousands of airline passengers were stranded in airports across Europe, with worthless tickets, unable to get home. Like me, I am sure many of you watched with dismay and thought, how can this be legal? How can this be right?
Bankruptcy has become an increasing concern for European consumers. The rise of airline insolvencies has grown substantially. Between November 2005 and September 2008 alone, 29 airlines went bust.
In far too many cases European consumers found themselves "left out in the cold" unprotected and with no way of getting home.
Now is the right time to the ask the tough questions about the need to extend basic protection against airline bankruptcy to consumers across the board, including to stand alone airline tickets.
Ladies and gentlemen,
I Iook forward with great interest to getting feedback from industry, consumer organisations and the public on this consultation.
Armed with that feedback, I am confident we can get the right solutions and deliver: more low cost holidays; more competition; and more value for money and choice for consumers.
Thank you, now I am happy to take any questions you might have.
Friday, November 20, 2009
The lawsuit claims that Delta used stolen email to harm FlyersRights.org by derailing the group’s efforts to push through legislation aimed at limiting airplane tarmac delays to three hours.
Source: Travel Weekly; find article here>>.
Thursday, November 19, 2009
A rejected passenger lodged an age discrimination complaint with the Australian Human Rights Commission which Carnival responded by asking for an exemption from its so-called under-21 policy of the Age Discrimination Act.
The commission, however, rejected the exemption application as such exemption would undermine the law's aim of eliminating age discrimination in the provision of goods and services.
Source: msnbc; find article here>>.
1. Articles 2(l), 5 and 6 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that a flight which is delayed, irrespective of the duration of the delay, even if it is long, cannot be regarded as cancelled where the flight is operated in accordance with the air carrier’s original planning.
2. Articles 5, 6 and 7 of Regulation No 261/2004 must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier. Such a delay does not, however, entitle passengers to compensation if the air carrier can prove that the long delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of the air carrier.
3. Article 5(3) of Regulation No 261/2004 must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation or delay of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control.
Obviously the court wanted to avoid the consequences of declaring substantial provisions of the Regulation void, as had been suggested by Advocate General Sharpston. Even if the result may be regarded satisfying, the interpretation by the court seems a bit like squaring the circle.
Judgement available for download here>>.
Wednesday, November 18, 2009
In the course of two actions brought against that law by the Italian President of the Council of Ministers, the Italian Constitutional Court made its first reference to the Court of Justice for a preliminary ruling.
In his judgment in Case C-169/08 the Court considered that the difference between residents and non-residents constituted a restriction on freedom of movement since there was no objective difference in their situations which could justify the difference in treatment as between the various categories of taxpayer.
The fact that taxpayers in Sardinia contribute, through income tax, to the activities of the region, even those for the protection of the environment, was irrelevant since the tax on stopovers was not of the same nature and did not pursue the same objectives as the other taxes paid by Sardinian taxpayers.
According to the Court, it is common ground that the tax concerns trade between Member States (since it applies to services provided in connection with stopovers by aircraft and recreational craft and concerns intra-Community trade) and it may distort competition (since it grants an economic advantage to operators established in Sardinia). In addition, the regional tax law which grants certain undertakings exclusion from the obligation to pay the tax in question involves a renunciation by the region of tax revenue which it would normally have received. Lastly, the tax confers a selective fiscal advantage only on enterprises established on the territory of the region, as compared with undertakings which do not have their tax domicile there, since those two categories of undertaking are in a comparable factual and legal situation when they receive stopover services in Sardinia.
Source: ECJ press release 101/09 of Nov. 17, 2009
Monday, November 16, 2009
They sued for refund of the full package price, compensation for loss of holiday enjoyment and some minor damages: the tour operator had been at fault because of failing to warn them from the upcoming hurricane. The tour operator argued the general hazard of hurricanes in the Carribean was a fact of general knowledge and hurricane Wilma had only developed after they had arrived.
Supreme Court upheld the decision of the court of appeal that plantiff was entitled to a partly refund of the package price (except for the first three days) as well as to compensation for loss of holiday enjoyment and further damages. Even though the general hazard of hurricanes in the Carribean indeed was a fact of general knowledge and the development of hurricane Wilam and its track not foreseeable at the time of booking nor at the time of departure, the tour operator should have informed about the duration of the hurricane season when hurricanes are more likely.
Although it was only ascertained that plaintiff had booked for fair weather, Supreme Court concluded that it was likely that he would have booked another destination if properly informed. Even though plaintiff and his fiancé neither would have enjoyed the particular package tour if information had been given they probably would have enjoyed another one of equal shape which therefore also constiuted loss of holiday enjoyment.
Supreme Court again opposed a conceptional formula to detetermine immaterial damages. Courts rather had to assess these damages due to the cicumstances of each individual case.
Judgement 4 Ob 130/09k of Sep. 29, 2009 is not published yet.
Germany: German courts have jurisdiction over airlines in other member states in regard to unfair terms
However, whereas with regard to such infringement of consumer interests, the law of that state applies in which due to the statement of claim collective consumer interestes have been affected, validity of such General Conditions of Contract was subject to the law governing the contract.
BGH decision Xa ZR 19/08 of July 9, 2009 available for download in German here>>.
Tuesday, November 10, 2009
Source: Attorney General Bill McCollum News Release of Nov. 3, 2009
Friday, November 06, 2009
In a statement released Nov. 3rd, the American Resort Development Association (ARDA) welcomed the move to seek an emergency injunction: Although there were many reputable companies that provided resale services, the largely unregulated secondary market also included some that used unscrupulous tactics to take advantage of owners who may wish to sell their timeshares.
Sources: Attorney General Bill McCollum News Release, ARDA press release.
Thursday, November 05, 2009
Austrian Supreme Court: compensation for loss of holiday enjoyment does not depend on certain percentage of price reduction granted for malperformance
The new decision now emphasizes the different purposes of compensation for loss of holiday enjoyment on the one hand and price reduction for malperformance on the other hand and favours a position that compensation for loss of holiday enjoyment was only excluded in bagatelle cases. A treshold of entitlement to 50 percent price reduction would limit compensation for loss of holiday enjoyment to cases of massive annoyance which would not be in line with art. 5 of the European Package Travel Directive.
Full text of OGH decision 6 Ob 231/08a of Sep. 18, 2009 available in German here>>.
ECJ Case 136/09 - Organismos Sillogikis Diakhirisis Dimiourgon Theatrikon kai Optikoakoustikon Ergon v. Divani Acropolis Hotel and Tourism AE;
reference published in Official Journal of the European Union of 20.06.2009.
A separate police investigation into the 2007 jetliner crash that killed 199 people blamed government and airline officials and recommended charges against 10 people — a case that is still tied up in courts.Source: eTurboNews; full article by Bradley Brooks available here>>.
Source: dailymail.co.uk; find article here>>.
The study covered 281 flights, 24 leading European airlines, as well as 34 major European airports.
The results of the investigation will feed into the industry agreement currently being elaborated following the EU enforcement sweep on airline ticket selling websites (see IP/09/783).
Source: Press release by Commissioner Kuneva; report on airline charges available here>>.
Source: Travel Weekly; find article here>>.
Friday, October 30, 2009
Organized with the support of the University of the Balearic Island, in Spain, the event will be focused on the regulation of hospitality, in Portugal and Spain.
The event counts with presentations by some of the most known lecturers of Portugal and Spain, namely Professors:
José Ángel Torres Lana, María Nélida Tur Faúndez, Antonia Paniza Fullana and María Belén Ferrer Tapia, from the University of the Balearic Islands, Spain;
Verónica San Julián, from the University of Navarre, Spain;
Virgílio Machado, João Almeida Vidal and Afonso Ribeiro Café, from the University of the Algarve, Spain;
Manuel David Masseno, from the Polytechnic of Beja.
SIDETUR - the IberoAmerican Society for Tourism Law is supporting this Seminar.
Tuesday, October 20, 2009
Source: eTurboNews; find article here>>.
Friday, October 16, 2009
European Union: European Consumer Consultive Group publishes opinion on Commission Proposal for a Directive on Consumer Rights
Interestingly, ECCG does not believe the minimum harmonisation approach of the current directives has genuinely created barriers to cross-border trade and feels that other reasons such as differences in language, tax regimes, the lack of redress systems are much more relevant in this context.
The ECCG regrets that the proposal:
- does not provide for a high level of consumer protection, but rather requires Member States to reduce well-established consumer protection levels, including in some cases, to levels below those provided in the current directives. In addition, ECCG is concerned that Member States will be prevented from increasing these levels in future;
- includes only a few laudable improvements such as a common 14 days cooling-off period and the regime for the passing of risks;
- fails to introduce the promised clarifications and coherence of the consumer acquis, not least because it is limited to just four directives only;
- is unclear on a series of key issues such as the relationship with national
- general contract law and other relevant EU legislation;
- fails to respond adequately to the challenges of modern markets and new technologies and in fact may prevent national developments to address these concerns – especially those related to digital content.
Thursday, October 15, 2009
Source: telegraph.co.uk; find article here>>.
FlyersRights.org sued Delta and an FAA contractor on Tuesday, alleging that the companies conspired to derail the group’s efforts to persuade Congress to enact a passenger rights bill that would limit tarmac delays to three hours.
The lawsuit, filed in U.S. District Court in Houston, alleges that Delta and the contractor, Metron Aviation of Dulles, Va., used "hacked" emails in an attempt to discredit the group and to fire a Metron employee who had been passingFAA data on delays to FlyersRights.org.Source: Travel Weekly; find article here>>.
Tuesday, October 13, 2009
Supreme Court decision available for download in German here>>.
Monday, October 12, 2009
Source: DOT Office of Public affairs; read message here>>; DOT Guidelines on Reimbursement of Passenger Expenses incurred as a result of lost, damaged or delayed baggage available for download in pdf here>>.
Sunday, October 11, 2009
Tuesday, September 22, 2009
The association argues that the head tax by far exceeds the expenses of services and facilities provided to cruise ships, and in some cases the money is going to fund projects that do not directly benefit cruise-ship passengers.
Source: The Seattle Times; find article here>>.
Friday, September 18, 2009
Thursday, September 17, 2009
Source: USA Today; find article here>>.
Wednesday, September 16, 2009
Source: SkyNews; find article here>>.
Source: IATA press release 37 of Sep. 15, 2009
Monday, September 14, 2009
The Airline Passengers Bill of Rights would require airlines during lengthy delays to provide food, drinking water, clean restrooms and comfortable cabin conditions; airports to develop federally approved contingency plans for long delays; and DOT to establish a consumer complaint hotline.
Source: Management Travel; find article here>>.
Hundreds of thousands of Shia Muslims, particularly from Iran, visit the city of Najaf, which hosts the tomb of Ali bin Abi Talib, cousin and son-in-law of the Prophet Muhammad. Though religious tourism brings millions of dollars of revenue every year, local merchants have complained that Iranian companies have monopolised the industry.
Source: eTurboNews; find article here>>.
Source: EU press release IP/09/1306 of Sept. 11, 2009
Wednesday, September 09, 2009
Source: examiner.com; find article here>>.
Wednesday, September 02, 2009
Monday, August 31, 2009
The new law would also provide for regional tourist offices to be opened to facilitate a greater spread of tourism activities across the country. The cabinet also gave the thumbs up for a new comprehensive tourism policy, which will, when passed, guide the sector over the next decade and beyond.
Source: eTurboNews; find article here>>.
According to the memorandum, the tax on net and additional hotel room rent will apply to New York hotel rooms booked on or after Sept. 1. Hotel room resellers must complete and file a "certificate of registration" with the finance department by Sept. 3.
Source: Travel Weekly; find article here>>.
Since the government announced the plan in 2007, huge protest marches have been held, more than a sixth of the population of around 180,000 people has signed a petition calling for the changeover to be reversed, and a court is expected to rule on its legality later this week.
Source: AFP; read article here>>.
Friday, August 28, 2009
Source: The New York Times; find article here>>.
Thursday, August 27, 2009
The anonymous Internet protest is receiving wide publicity in the US media, including the New York Times, Bloomberg, CNN and Forbes magazine. ETOA, the European Tour Operators Association, has announced to closely monitor the campaign and advises against any tourism boycott of Scotland.
Source: ETOA Briefing of Aug. 26, 2009; find full text here>>.
Friday, August 21, 2009
Back home in Austria he sued for compensation for loss of holiday enjoyment and some minor expenses he had had becuase of the flight delay.
Upon defendant's appeal Regional Court (Landesgericht Innsbruck) in judgement 2 R 170/09b of June 19, 2009 for the most part dismissed the claim: plaintiff had not mentioned his disease when booking the package tour and same had not been offered as being specifically suitable for mentally ill persons. The depressive mood therfore could not be regarded an adequate consequence of the flight delay. Plaintiff also had failed to explain why he needed specific care.
Due to the country's National Tourism Authority (NTA), a total of 349,837 foreign tourists visited Bangladesh in 2008, about 21 percent more than in 2007.
The lack of security and poor infrastructure were largely blamed for lower tourist arrivals in the country's remote tourism spots. It is the purpose of the new police unit to change that.
Source: www.xinuanet.com; find article here>>.
Thursday, August 20, 2009
The claim was dismissed by all levels of jurisdiction: Supreme Court (OGH) confirmed the view of the lower instances that it was not the excessive term of contract itself that had to be regarded void but the lack of a right to terminate the contract after expiration of a reasonable term. Even if notice of termination can be given long time in advance, the legal consequences of termination will only become effective at the time of termination. Thus there was no claim to the declare the contract void "pro futuro" and no due claim for refund.
OGH judgement 8 Ob 147/08p of April 4, 2009 available in German here>>.
Tuesday, August 18, 2009
Austrian Supreme Court (OGH) held that such dirt particles had to be regarded an "immission" due to sec. 364 par 2 Civil Code (ABGB) and constituted a claim for compensation, irrespective of fault. There was a sufficient causal connection even if hotel guests had acted carelessly.
Judgement 2 Ob 216/08s of March 25, 2009 avialable for download in German here>>.