Airline black list?

Following the recent aircraft crashes EU-Commission is considering to publish a black list of those airlines which lost their flight permission into one of the member states in the internet . According to British newspaper "The Guardian", traffic commissioner Jacques Barrot would prefer to activate the website as early as October 2005, but final decision may take until the end of the year.

(Originally posted by Michael Wukoschitz)

EU-Parliament voted against transfer of flight passenger data to Canda

The vote was meant as a protest against the fact that EU-Council and Commission are still refusing to grant the Parliament any right of codetermination in security issues. A similiar data transfer agreement with the U.S. has been challenged by the Parliament before the European Court of Justice.The judgement is expected by the end of the year.

(Originally posted by Michael Wukoschitz)

No tour operator liability for an accident

No tour operator liability for an accident of a two year old boy who slipped through the banisters of the hotel stairs: in a recent decision Austria's Supreme Court confirmed judgements of lower instance courts who both had dismissed a claim for compensation for pain and suffering based on the allegation that the tour operator had not provided sufficient security for children. Supreme court held that an advertisement emphasising favorable family rates would not justify increased expectations in regard to child security. Contractual safeguard obligations must not be overdrawn. Constructional condition of the accomodation basically only had to comply with local standards. Regular inspections of this compliance and necessary adjustments to possibly increased local security standards would exempt tour operator from liability (OGH 07.06.2005, 5 Ob 108/05a).

(Originally posted by Michael Wukoschitz)

Passengers' Rights Survey

A recently published survey carried out by the EU Commission showed that almost four out of ten citizens are not aware that they conclude a conctract with a transport company when purchasing a ticket and a majority doesn't know about the rights and obligations contained in such contract. The most used means of transport, namely local urban transport and inter-city rail transport have a more negative image whereas air transport has a posive image among most Europeans. However, despite the recent reinforcement of air passengers' rights in the EU, only one third of the citizens are aware of these rights (Special Eurobaromater 228 / Wave 63.2).

(Originally posted by Michael Wukoschitz)

Brisbane World's best Airport

IATA has chosen Brisbane Airport as world's best airport and bestowed the "Eagle Award". The airport is expecting 15 million passengers this year.

(Originally posted by Michael Wukoschitz)

Visitors Delayed

According to documents recently released, some visitors to the U.S. were delayed by immigration officers because the fingerprints in their passports were mismatched or smudged. However, Homeland Security Department pointed out that only a tiny fraction of visitors was affected by such problems.

(Originally posted by Michael Wukoschitz)

Liability for an accident at a water slide

Liability for an accident at a water slide was repudiated by Austria's Supreme Court (OGH): a swimming baths offering a water slide was not obliged to provide permanent supervision by its staff or video cameras. A stoplight system regulating access to the slide and sliding instructions displayed directly at the entrance of the slide were sufficent security measures. Safeguard obligations of a swimming baths must not be overdrawn. The claim for compensation filed by a boy who was hurt at an accident which occured when a group of other boys were blocking the lower part of the water slide was therefore dismissed (OGH 23.11.2004, 10 Ob 26/04b).

(Originally posted by Michael Wukoschitz)

Seaquake alert via text message

A German company has developed a system to forewarn tourists against seaquakes via text message to their cell phones. The system is based on data provided by international seismological institutes.

(Originally posted by Michael Wukoschitz)

Machine-readable passport required

From 26. June 2005 all foreign travellers to USA who don't need visa must produce machine-readable passports, otherwise they may be rejected by immigration officers.

(Originally posted by Michael Wukoschitz)

No right of withdrawal from car hire contracts

Interpreting Art. 3(2) of the European Directive 97/7/EC on the protection of consumers in respect of distance contracts, European Court of Justice in a recent preliminary judgement (easyCar UK Ltd v. Office of Fair Trading) held that the exemption made in regard to "provison of transport services" includes contracts for the provision of car hire services. Consumers therefore have no unrestricted right of withdrawal within a specific period after conclusion of contract, even if same was concluded as a "distance contract" via the internet (ECJ 2005-03-10, C-336/03)

(Originally posted by Michael Wukoschitz)

New Travel and Tourism Law Blog

Since last week, is On-line "Lex Turistica" http://lexturistica.blogspot.com/ a Travel and Tourism Law Blog built by Portuguese Speaking Professors, from both Portugal and Brazil As far as we know it's the first Travel and Tourism Law Blog ever. All contributions are welcome!

IFTTA Argentina (Regional Organization)

Next April 7th. will take place in Buenos Aires the first meeting to establish IFTTA Argentina, a regional organization. In these meeting it will be elected the Board of Directors and will considerate the IFTTA ARGENTINA BY-LAWS accord the IFTTA BY-LAWS original. After these date we will give you the Members elected and other news.

(Originally posted by Juan Carlos Fairstein)

Lufthansa: New Check-In Machines

By the end of March 2005 Lufthansa will indroduce new check-in machines which will allow to scan passengers' passports. Due to legal obligations the Airline has to collect passengers' passport data for each flight to USA, Canada, Korea or Mexico. Up to now these data have beeen collected manually. The new machines will be a further step towards self-service by passengers.

(Originally posted by Michael Wukoschitz)

Remarable Boost in Tourism

Due to figures published by WTO this February, Central American states have achived an remarkable increase of Tourism. Espescially Panama substantially invested in touristic infrastructure and advertisment for its historical sites, beaches and national parks. Thus in 2004 number of tourists increased by about 20%.

(Originally posted by Michael Wukoschitz)

Ticket lost - still entitled to carriage?

"No compensation will be granted if tickets were stolen or lost ." Such provision used in the general condiditons of contract of a German coach tour company was held ineffective by Germany's Supreme Court: the provision was inappropriate as it would frustrate purpose of contract when ticket got lost, even though a register of passengers allowed bus driver to verify passgenger's right to carriage.(Press release 17/2005 by BGH/German Supreme Court)

(Originally posted by Michael Wukoschitz)

Increasing The Cases In Which Damages Resulting From Food Poisoning Are Recovered

There is an incresing number of Spanish cases in which restaurants are found liable by the Courts because of serving unsafe food. When a person becomes ill after ingesting contaminated food, he/she can be compensated for the damage. In some cases victims also receive a compensation for mental distress, particularly when foodborne illness occurs in a wedding banquet (e.g SAP Asturias, 14-10-2004, Sección 7ª, AC 20042040; SAP Álava, 14-5-2004, Sección 2ª, JUR 2004279526; SAP Granada, 2-2-2004, Sección 4ª, JUR 2004102397; SAP Burgos, 8-7-2003, Sección 2ª, JUR 200446581; SAP Salamanca, 19-6-2002 Sección Única, JUR 2002193204; SAP Murcia, 4ª 2-11-2001, JUR 200240201; SAP Las Palmas, 9-7-2001, Sección 3ª, JUR 200229831; SAP Burgos, 29-3-2001, Sección 2ª, JUR 2001141464)

(Originally posted by Josep M. Bech Serrat)

Railway Compensation Scheme

Austrian Federal Railways have introduced a new compensation scheme for railway delays. According to this scheme any delay exceeding 1 hour will entitle passengers to a refund of 20% of the payed fare. If the delay should lead into arrival after midnight, passengers can also claim for refund of taxi or accomodation fees up to EUR 80. However, this scheme falls behind expectations as EU commission had demanded a refund of 50% for delays exceeding 1 hour or even 100% for delays exceeding 2 hours.

(Originally posted by Michael Wukoschitz)

Book on U.S. passport law

My book, Krueger on United States Passport Law (2nd ed. 1997 & supps. 1999-2004), is available. Stephen Krueger dailidvpalau@yahoo.com.tw

(Originally posted by Stephen Krueger)

Law Office of Can & Partner

Law Office, working on the private law and commercial law fields, with an international quality. Our main office is in Ýzmir, however we cooperate with the law offices in Ýstanbul and Alanya. Our office was founded in 1993 by the At. At Law Nevin Ersavaþ We give since 11 years our consultations on several branches and importances to national , international companies. We also represent clients needing our legally support.

(Originally posted by Nevin Can Ersavas)

National Security and Data Protection

Since 5 March 2003, an agreement between the European Commission and United States Customs gives the USA online access to passenger name record (PNR) data of all Europe-based airline carriers for flights that go to, from or through the USA. European privacy protection groups are deeply concerned as airline companies disclose Passenger Name Record data to United States authorities without obtaining passengers' explicit consent. They have launched a campaign encouraging passengers to send complaint letters to airlines and national data protection authorities to claim back privacy rights (http://www.edri.org/)

(Originally posted by Michael Wukoschitz)