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Travel Law
Incisive Media, Pages: 1,000
Chapter 1.
Introduction to Travel Law
- 1.01 In General
- 1.02 The Nature of the Travel Industry
- 1.03 The Nature of Travel Law
[1] Common Travel Problems Involving Carriers
[2] Common Travel Problems Involving Hotels
[3] Common Travel Problems Involving Resort Time-Share Developers and Promoters
[4] Common Travel Problems Involving Tour Operators, Travel Agents and Informal Travel Promoters
[5] Common Travel Problems Involving Depository and Escrow Banks
[6] Common Travel Problems Involving Insurance and Surety Companies
- 1.04 Special Considerations in Litigation Involving Foreign Travel Suppliers
[1] Jurisdiction
[2] Forum Non Conveniens
[3] Choice of Laws
[4] Hague Evidence Convention and Foreign Blocking Statutes
[5] Forum Selection Clauses in Cruise Contracts
[6] Service Conventions
Chapter 2.
Airlines
- 2.01 Overview of the Issues Involved in Consumer Litigation Against Air Carriers
- 2.02 Airline Deregulation
[1] Implementation
[2] Criticism of the Airline Deregulation Act
- 2.03 The Marketing of Air Transportation
[1] In General
[2] Liability Shifting
[3] Non-Refundable Airline Tickets
[4] Frequent Flyer Bonus Programs
[5] Airport Airline Clubs
[6] Ticketless Travel
[7] Cross Bordering, Back-to-Back and Hidden-City Ticketing
- 2.04 Physical Injuries
[1] Negligence
[2] Disclaimers
[3] Damages
[4] Application of the Death on the High Seas Act and General Maritime Law
- 2.05 Flight Delays
[1] Contract of Carriage
[2] Potential Defenses in Flight Delay Cases
[3] Damages for Flight Delays
[4] Airline Overbooking
[5] Discrimination
[6] Misinformation and Computer Reservation Systems
[7] Disclosure of Sharing Arrangements
[8] Mandatory Domestic Airline Service Reporting
- 2.06 Lost, Damaged or Stolen Baggage
[1] Airline Deregulation Act of 1978
[2] Breach of Contract
[3] Negligence, Conversion and Fraud
[4] Res Ipsa Loquitur
[5] Other Causes of Action
- 2.07 False, Misleading and Deceptive Advertising and Business Practices
[1] The Lanham Act
[2] The Federal Aviation Act
[3] State Consumer Protection Statutes
[4] Consumer Protection by the Federal Trade Commission
- 2.08 Misinformation
- 2.09 Air Carrier Liability for the Delivery of Non-Air Transportation Travel Services
- 2.10 Charter Air Carriers
[1] Liability of Tour Operators and Air Carriers
[2] Liability of Charter Air Carrier for Returning Stranded Passengers
[3] Liability of Charter Air Carrier for Delayed or Cancelled Air Transportation
[4] Liability of Charter Air Carrier as Joint Venturer
[5] Liability of Charter Air Carrier for Mismanagement and Diversion of Consumer Deposits
- 2.11 Selected Procedural Issues Often Involved in Air Travel Litigation
[1] Jurisdiction
[2] Foreign Sovereign Immunities Act
[3] Forum Non Conveniens
[4] Choice of Law
[5] Multi-District Litigation
- 2.12 Antitrust Considerations
[1] The Parties
[2] Consumer Antitrust Litigation
[3] Competitor Antitrust Litigation
Chapter 2A.
International Air Transportation and the Warsaw Convention
- 2A.01 Overview of the Warsaw Convention
- 2A.02 Jurisdiction and Other Procedural Problems Under the Warsaw Convention
[1] 'International Transportation by Aircraft for Hire' Defined
[2] Preemption Under the Warsaw Convention
[3] Jurisdiction and Venue
[4] Application of the Warsaw Convention to Employees, Agents and Tour Operators
- 2A.03 Air Carrier Liability Under the Warsaw Convention
[1] Air Carrier Liability for Physical Injuries
[2] Air Carrier Liability for Lost, Stolen or Damaged Baggage
[3] Air Carrier Liability for Flight Delays
- 2A.04 Limitations on Air Carrier Liability Under the Warsaw Convention
[1] Limiting Liability for Physical Injuries
[2] Limiting Liability for Baggage Claims
[3] Limiting Liability for Flight Delays
[4] Contributory and Comparative Negligence
[5] Statute of Limitations
[6] Limitations on Damages
- 2A.05 Sanctions Overriding Limitations on Air Carrier Liability Under the Warsaw Convention
[1] Delivery of Passenger Ticket
[2] Delivery of Baggage Clerk
[3] Wilful Misconduct
[4] Scope of the Sanctions
Chapter 3.
Cruiseships, Trains, Buses and Rental Cars
- 3.01 Problem Areas
[1] Cruiseships
[2] Railroads
[3] Bus Companies
[4] Rental Cars
[5] Policy Considerations
- 3.02 Marketing
[1] In General
[2] Liability Shifting
- 3.03 Cruiseships
[1] The Policy of Maritime Law
[2] Admiralty Jurisdiction
[3] Physical Injuries
[4] Delays, Port Skipping and Itinerary Changes
[5] Misrepresentations
[6] Discomfort Aboard the Cruise Ship
[7] Lost, Damaged or Stolen Baggage
[8] Passenger Protection Regulations
- 3.04 Railroads and Buses
[1] Common Law
[2] Physical Injuries
[3] Delays
[4] Discomfort
[5] Dishonored Reservations
[6] Lost, Damaged or Stolen Baggage
- 3.05 Rental Cars
[1] Marketing
[2] Physical Injuries
[3] Misrepresentations
[4] Collision Damage Waivers
[5] Pricing Discrimination
Chapter 4.
Hotels and Resorts
- 4.01 Problem Areas
[1] In General
[2] Common Travel Problems
[3] Litigation Problems
- 4.02 Marketing of Hotel and Resort Services
[1] Direct Sale
[2] Franchisors
[3] Associations, Independent Contractors and Representatives
[4] Tour Operators
[5] Sponsoring Organizations
[6] Resort Time Shares and Hotel Condominiums
[7] Travel Agents
[8] Computer Reservations Systems
[9] Frequent Stay Programs
- 4.03 Responsibility to Guests and Non-Guests
- 4.04 Liability of Hotels and Resorts for Common Travel Problems
[1] Domestic Hotel Law
[2] Physical Injuries
[3] Hotel Liability for Stolen Luggage and Personal Property
[4] Hotel Restaurant Liability for Lost Overcoats
[5] Hotel Liability Misrepresentations
[6] Hotel Telephone Charges
- 4.05 Dishonoring Reservations: Hotel Overbooking
[1] Liability and Damages
[2] Liability of Travel Agents
- 4.06 Franchises
[1] Degree of Control
[2] Agency
- 4.07 Jurisdiction Over Foreign Hotels
[1] Types of Problems
[2] Traditional Jurisdiction
[3] Long Arm Jurisdiction
[4] Discovery Problems
- 4.08 Forum Non Conveniens
[1] Policy Considerations
[2] Factors
- 4.09 Choice of Laws
- 4.10 Resort Time Sharing
[1] Marketing
[2] Types of Problems
[3] Litigation Strategies
Chapter 5.
Travel Agents, Wholesalers and Tour Operators
- 5.01 Introduction to the Wholesale and Retail Distribution of Travel Services
[1] Common Travel Problems
[2] Liability Shifting
- 5.02 Tour Operators, Wholesalers and Public Charters
[1] Functional Definition
[2] Disputes With Suppliers
[3] Tour Operators and Public Charters Distinguished
[4] Tour Operators as Principals
[5] Common Travel Problems and Liability Considerations
[6] Public Charters
[7] Travel Scams
[8] Liability of Tour Guides, Directors and Escorts
[9] Liability of Travel Book Publishers
[10] Special Event Tours
[11] Regulation of Tour Operators in the European Community
[12] A Model Travel Seller Statute: A Comparative Law Analysis
[13] Sporting Event Tours: Liability For Defaults, Performance Failures and Physical Injuries
- 5.03 Retail Travel Agents
[1] Travel Agents Relationship with Consumers
[2] Travel Agents Relationship with Suppliers
[3] Liability of Travel Agents for Consumer Travel Problems
- 5.04 Pseudo Travel Agents
[1] Marketing Deregulation
[2] Dilution of Professionalism
[3] Pyramid Schemes
- 5.05 Informal Travel Promoters and Sponsors
[1] Relationship With Travel Agents
[2] Consumer Reliance on Brand Names
[3] Contract Liability of Informal Travel Promoters
[4] Tort Liability of Informal Travel Promoters
- 5.06 Standard Defenses Interposed in Litigation Involving Middlemen
[1] Privity of Contract
[2] Independent Contractors
[3] Warsaw Convention and Domestic Tariff Systems
[4] Disclaimers
- 5.07 Licensing Statutes—State and Federal Regulation of Tour Operators, Wholesalers and Travel Agents
[1] State Regulation
[2] General State Statutes Prohibiting False Advertising and Deceptive Business Practices
[3] Federal Regulation
- 5.08 Insurance
[1] The Impact of Insurance Upon Travel Litigation Involving Middlemen
[2] Coverage Issues
- 5.09 Litigation Strategies and Techniques
[1] Identifying the Problem
[2] Selecting Defendants
[3] Selecting the Forum
[4] Causes of Action
[5] Discovery
[6] Damages in Travel Cases
Chapter 6.
Travel Consumer Class Actions
- 6.01 The Impact of Class Actions
[1] Targets
[2] Basic Litigation Considerations
- 6.02 Class Action Prerequisites
[1] Class Large Enough to Preclude Joinder
[2] The Predominance or Common Questions of Law or Fact
[3] Plaintiffs Claims as Typical of Class
[4] Adequacy of Plaintiffs Representation of the Class
[5] Superiority
[6] Manageability
- 6.03 Notice to Class Members
[1] Notice of Class Certification
[2] Notice of Decisions on the Merits of Proposed Settlement
- 6.04 A Working Model: Guadagno v. Diamond Tours & Travel, Inc.
[1] The Facts
[2] The Complaint
[3] Discovery
[4] Class Certification
[5] Plaintiffs Motion for Summary Judgment
[6] The Surety Bond
[7] The Settlement
[8] Commentary
- 6.05 Litigation Strategies and Techniques
[1] Choosing the Plaintiff
[2] Choosing the Defendants
[3] Choosing the Forum
[4] The Complaint
[5] Defense Tactics
[6] Discovery
[7] The Motion for Class Action Certification
[8] Notice to Class Members of Certification
[9] Settlement
[10] The Trial
[11] Settlement Analysis and Administration
- 6.06 Class Actions in Complex Litigation Involving Interpleaders, Bankruptcy Proceedings and Multi-District Litigation: Case Examples
[1] Class Actions and Interpleaders: The Nationwide Leisure Case
[2] Class Actions and Bankruptcy Proceedings: The Value Vacations Case
[3] Class Actions and Multi-District Litigation: AMTRAK Rail Collision Near Chase, Maryland on January 4, 1987
[4] Commentary
APPENDICES
Appendix A: The Warsaw Convention
Appendix B: The Montreal Agreement
Appendix C: Notice of Proposed Certification and Settlement of Cruise Class Action
[Misrepresentation]
Appendix D: Reserved
Appendix E: Reserved
Appendix F: Reserved
Appendix G: American Society of Travel Agents—Principles of Professional Conduct and Ethics
Appendix H: Institute of Certified Travel Agents, Certified Counselor Program—Professional Code of Ethics
Appendix I: Ethics in U.S. Tour Operations—Standards for Integrity
Appendix J: Notice of Pendency of Class Action and Proposed Settlement of Cruise Class Action [Deceptive Port Charges and Taxes]
Appendix K: Notice of Class Certification and Claim Form
Appendix L: Notice of Class Action Certification and Proposed Settlement of the Action
Appendix M: Notice of Requirement to File a Proof of Claim Form in a Bankruptcy Action
Appendix N: 'Opt-Out' Class Notice
Appendix O: Notice of Proposed Settlement [Breach of Contract]
Appendix P: Notice of Class Certification and Proposed Settlement
[Mass Tort]
Appendix Q: Notice of Proposed Distribution Plan [Mass Tort]
Appendix R: Notice of Proposed Distribution Plan and Claims Bar Date [Breach of Contract]
Appendix S: Notice of Class Action and Proposed Settlement
Appendix T: Notice of Hearing
Appendix U: Council Directive of 13 June 1990 on package travel, package holidays and package tours
Index
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