11/6/2008 Legal News - Contract with a Travel Agency or a Travel Intermediary Apr 2008 |
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Cass. (1st Ch.) AR C.05.0378.F, 26 May 2006 (Eagle Travel / V.B.F., D.V.A) [View] In this particular case there has been a contract between a travel intermediary and a customer. Art. 23 of the law of 16 February 1994, regarding the formation of a contract with a travel agency or the contract with a travel intermediary, asks for a contract. Art. 9 of the same law asks for an order form. In this particular case there is no written contract nor an order form. The travel intermediary only wrote a receipt for the deposit the traveler made. The Court of Appeal decided on 8 March 2005 that this particular articles of the law ask to fulfill special formalities for the formation of a contract to protect the traveler. Furthermore, if these conditions are not fulfilled this will be punished with the nullity of the contract and repayment of the deposit. The Court noted that there has been no written contract and therefore decides the nullity of the contract and repayment. Cassation decides that this decision is not legally justified since to fulfill articles 9 and 23, such special formalities are not needed. As the travel intermediary proclaims, there is no written consent needed for the validity of the contract. A written consent (as for example asked in art. 9) would only intervene as evidence. As such the law of 16 February 1994 does not ask for any formality for the formation of a contract between a traveler and a travel intermediary. |
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11/6/2008 Legal News - EU Parliament - New Directive on Time Share May 2008 |
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EU Parliament: New Directive on Time Share More deals covered by consumer protection rules
Time share deals, which allow buyers to occupy holiday accommodation for specific periods in alternation with others, have won millions of takers worldwide since the 1970s. They are often sold as a cost-effective alternative to renting, hotels or a second residence. According to data from the Organization for Timeshare in Europe (OTE), in 2001 there were 1.452 million holiday centres in 25 European countries, 1.4 million families using this kind of accommodation and 200,000 Europeans employed in this sector, with sales totaling € 2.3 billion per year. Since 1994, an EU directive has helped to harmonize time-share rules across the EU, but litigation between operators and holidaymakers is still frequent, notably about conditions and quality of service. Furthermore, new holiday products and services, similar to time share but not covered by the directive, have emerged. These include new types of holiday clubs giving holidaymakers reductions in the cost of their stays if they take out a subscription. Some of these new contracts clearly circumvent consumer protection rules. The revised draft directive, which supplements the general rules introduced by the recent directive on unfair commercial practices, will cover both time-share packages and new products that so far have escaped any legislation. Consumers will be better protected by rules that clearly state their rights, and will find it easier to go to court. Honest operators will no longer have to face unfair competition from fraudsters. |
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11/6/2008 Legal News - German Court Decision - Denied Boarding May 2008 |
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| In a recent decision of 11 March 2008, a German Civil Supreme Court held that in case of flight cancellation or denied boarding, a passenger cannot claim for compensation against the tour organizer under EU Regulation 261/2004. Compensation claims granted by this Regulation were solely directed against the operating air carrier. BGH saw no reason for doubt in so far and therefore no necessity for preliminary ruling by the European Court of Justice. |
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11/6/2008 Legal News - Leisure Sector - Electronic invoices June 2008 |
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| Hotel, Travel & Leisure sector – electronic invoicing available The Ministry of finance has issued an explanatory note on the invoicing by electronics means. Just to remember, since the Belgian law of 1st January 2004, it is possible to issue electronic invoices. In June 2008, the obligation to retain invoices for 10 years, under accounting rules, will be decreased to 7 years. Indeed the main challenge for companies is that their computer software system should prohibit them to modify the invoices when issued in order that the accounting evidences remain unchanged during the whole period of 7 years. (AFER 16/2008-www.fisconet.fgov.be) |
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11/6/2008 Legal News - President of the Court of First Instance EU - Case Aer Lingus March 2008 |
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| President of the Court of First Instance EU - Case Aer Lingus [view]. |
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11/6/2008 Legal News - Protection of Air Passengers - FTO June 2008 |
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| Many Silverjet customers face applying as unsecured creditors to the airline’s administrator, while others who booked flights as part of a package, will be protected. Following a long discussion, in April this year the £1 per passenger Air Travel Organisors’ Licensing Protection Contribution arrangements began as a financial contribution used to pay for repatriation costs and refunds from the Air Travel Trust Fund for customers of any failed tour operator. The FTO argued strongly that the opportunity should be seized to widen the scheme to include customers of airlines, but regrettably this was rejected by the UK Government following strong lobbying by some airlines. (Source IFTTA and FTO website) |
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11/6/2008 Legal News - Travel Organizer or Intermediary - Vendor - Conditions May 2008 |
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Court of Appeal Liege, 28 November 2006 [view] This particular case concerned someone who organized two journeys for a group of people on a voluntary basis. His intervention was not sufficient to talk about a ‘professional activity’ or a ‘commercial practice’ in the sense of Art. 1 of the law of 14 July 1991, regarding the commercial practices. As such he is not a ‘vendor’ in the sense of the law of 1991 and consequently he cannot be seen as a travel agency or travel intermediary. The Court decided that to be recognized as a ‘travel agency’ or a ‘travel intermediary’ in the sense of the law of 16 February 1994, (regarding the formation of a contract with a travel agency or the contract with a travel intermediary) and to be submitted to this law and the law of 21 April of 1965 (regarding the position of travel agencies), you first have to establish the quality of ‘vendor’ in the sense of the law of 14 July 1991. |
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5/5/2008 Business News - Missing Airline Baggage up 25 pct in 2007 Apr 2008 |
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| Missing Airline Baggage up 25 pct in 2007 [view]. |
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5/5/2008 Business News - Open Air Market USA-EU March 2008 |
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| Open Air Market USA-EU [view]. |
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5/5/2008 Business News - Tokyo Hotel Offers a High-Tech Embrace March 2008 |
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| Tokyo Hotel Offers a High-Tech Embrace March 2008 [view]. |
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18/3/2008 Business News - Hotel and Leisure Sector Update Jan 2008 |
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This update provides a sector-based overview of hotels and leisure news.¨[view]. |
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18/3/2008 Business news - Hotel Expansion in Ukraine Jan 2008 |
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| Marriott is planning to open hotels in every city in Ukraine that will be hosting a match during the Euro Cup football championship in 2012. |
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18/3/2008 Business news - Hotel Nights - European Trends Feb 2008 |
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Nights spent in hotels rose by 3.1% in 2007 in EUROPEAN UNION. [view]. |
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18/3/2008 Business news - Hotels Expansion in Romania Jan 2008 |
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| New hotels scheduled to open this year 2008 in ROMANIA. [view]. |
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14/2/2008 Legal News - Air transport: Commission takes note of today´s Court judgment in the Olympic file |
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The Court of Justice today confirmed that Greece has failed to comply with a Commission decision adopted in 2005 finding that it had granted illegal and incompatible aid to Olympic Airways Services and Olympic Airlines, and asking for such aid to be recovered Vice-President Jacques Barrot, Commissioner in charge of transport, said in a statement: 'I take note of this ruling, which follows several rulings by the European Courts and decisions by the Commission in this dossier. It confirms the urgent need for a viable and legally sound solution to this file. This is in the interest of the European aviation sector, of Greek consumers and tax-payers, but also of the employees of Olympic Airways Services and Olympic Airlines and is indispensable in order to preserve a continuity of service to remote areas in Greece. Should it be the case that swift compliance is not achieved, I would have no choice but to propose to the College to file a new action with the Court of Justice, asking for the imposition of fines and periodic penalty payments.” [view] |
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5/10/2007 Business News - Promoting sustainable tourism practices in Central and Eastern Europe |
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| The UN World Tourism Organisation has recently called from promoting sustainable tourism practices in Central and Eastern Europe and gave various guidelines to policy matters.[View] |
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5/10/2007 The EU fifth European Tourism Forum |
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| The EU fifth European Tourism Forum took place in Cyprus in november 2006.
The focus was on new technologies, instruments innovative partnerships and new market trends. The final summary report confirms the approach taken by the Commission to develop a renewed EU tourism policy¨[View] |
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5/10/2007 Tourism Law Book by Cedric Guyot |
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| Cedric has the pleasure to announce the recent publication of his book
"Tourism Law", the English version of his former book "Le Droit du
Tourisme"(Larcier, 2004)[view], as well as the publication soon of a chronicle:
"Chronique de Jurisprudence européenne en Droit du Tourisme")[view].
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