TRAVEL LAW
PROGRAM
Representing
Today's Traveler and the Hospitality Industry
In this
two-hour comprehensive overview of this growing practice area, the nation’s
leading Travel Law attorney, Alexander Anolik address the key issues which
lawyers are likely to encounter in their representation of traveler as well as
hospitality industry client.
Materials
include standard Consumer Notice Document and key excerpts from
“Traveler's
Rights: Your Legal Guide to
Fair
Treatment and Full Value, 2nd edition”
PART I.
0:00: What is
Travel Law? Travel and Tourism is the largest service industry in
most countries. Rule 240:
Traveler's Rights Bumped Passengers. Agencies.
8:40
Consumer Rules, General Legal Issues and Travel Law Cases - Plaintiff's
Bar
Types of Cases, Nature of Travel Law Practice, Common Issues which Arise
14:30 Air
Bumping and Overbooking Cases: Jurisdiction Issues, Damages and Rights.
Passenger Bill of Rights.
Rule 240: What airlines will do for passengers.
20:04
Homeland Security Legislation: Advise clients: "Relax." Avoid crimes.
21:47:Luggage/Baggage: Where Does It Go?
Client rights? Difficult to
sue. Pets?
Contracts of carriage vs. Negligence. Negligence required to avoid $9.07
per
pound rule.
26:18
Rental Cars: No laws which
limit exposure: No punitives. Breach
of contract
only. Duty to mitigate
damages.
30:29
Lodging: (Reservations, Overbooked Rooms and Charges).
33:10 Travel
Agents, Consolidators and Websites: Internet Legislation: Passive vs.
Interactive sites: Solicitation Plus Legislation.
Europe: Strict Liability for Tour
Operators.
37:00
Standards and Practices on Motor Coaches.
38:40
Jurisdiction on the Internet: Split of authority on internet commerce.
Communication (Interactive site) may be the key to securing hometown
jurisdiction. If none, more
difficult.
43:10 Selling
in California: Registration of Sellers is Required. (CST) California
Seller of Travel. Risks of Failure to register lawsuits. Restitution Fund
(TCRC).
47:15 False,
Deceptive and Misleading Advertising: Puffing vs. Deceptive advertising.
May be actionable under State Consumer Protection Laws.
Negligent
Misrepresentation: How to
advise travel agents on proper language.
53:17 No ADA
for airlines. Dept. of
Transportation (DOT) has its own laws. State rules.
54:42 Travel
Clubs
56:28
Homeland Security: Laptops, iPods, Cell phones: Chips can be removed and
downloaded. No evidence of
wrongdoing is needed.
PART II.
Liability of
Agents, Tour Operators, Travel Providers and Hotels: How to Determine Damages:
Yield Management Provisions.
Counterfeit and stolen tickets.
Warsaw
Convention and Hague Treaty limitations.
11:12
Documentation for Travel: (Tour operators and hotels: Travel Insurance:
Consumer Disclosure Notices how to draft agreements: "pink and greens").
Travel Insurance: Terms and conditions to consider on policy: Swine flu
quarantine, terrorism, "cancellation for any reason."
How to represent travel
agents (terms to exclude: social unrest, mechanical integrity, climatic
conditions,
delays, diseases). With
Consumer Disclosure Notices, add terms to back of invoice
as part of contract, consumer disclosure notice or release. Include quid
pro quo on
release.
Q&A
32:38 Rule
240: Overbooking scenarios.
"Priority boarding." Negotiating compensation.
35:20 ALL
Sellers of Travel: Requirement of registration, e.g., alumni associations,
Chambers of Commerce, supermarket promotions.
41:20
Internet Travel Transaction: "There is no Passenger Rights Bill."
43:40 Class
Action Suits: To certify, need similarity, commonality.
Work best where
damages are similar and minimal, e.g. viruses on ships, price fixing.
50:43
Federal Consumer Protection Laws and Airfares: Full-fare advertising;
price
must include all taxes. $27,500 per day fine. Applies to print, radio and
online ads.
57:45
Sweepstakes Rules: Randomly selected, as compared to contests.
No
purchase necessary in sweepstakes, otherwise, a lottery, which is
prohibited.
59:30
Conclusion: "We need additional travel attorneys to protect consumers and
advise
businesses.
CCE is a State Bar of California MCLE approved provider.