Travel Law

ALM Media, LLC, May 2013, Pages: 1641

Whether you are an attorney or a member of the travel industry, Travel Law will help you get the red-carpet treatment in court! This unique reference, cited in both CondeNast Traveler magazine and The New York Times Sunday Travel Section, discusses the traveler's rights and remedies against airlines, cruise lines, hotels and resorts, rental car companies, railroads, time-share facilities, theme parks, casinos, tour operators, travel agents and Internet travel sellers.

Travel Law shows you how to: use contracts between operators and suppliers to the traveler's advantage; overcome disclaimers of liability in agreements imposed on travelers; employ state long-arm statutes to obtain jurisdiction over foreign travel suppliers; use the Warsaw and Montreal Conventions—frequently invoked by airlines to limit their liability—to the travelers benefit; and more. You'll find out about: travel consumer class action procedures and tactics; settling class actions with coupons or credits; holding hotels and airlines responsible for overbooking and “bumping,” and the impact of terrorism on the travel industry.

Travel Law keeps you up to date on new legislation, including the DOT Enhanced Passenger Protection Rules and the Cruise Vessel Security and Safety Act of 2010, as well as significant cases, on both the federal and state levels.

Reviews:

“Judge Thomas A. Dickerson, author of Travel Law, the industry's foremost legal reference...”

—Conde Nast Traveler

“The standard text, Travel Law by Thomas A. Dickerson...notes that travel is ‘to a large extent unregulated, unlicensed and operates under the principal of caveat emptor.'”

—Betsy Wade, Practical Traveler, New York Times

CHAPTER 1
Introduction to Travel Law
- 1.01 The Nature of the Travel Industry
[1] Suppliers
[2] Tour Operators
[3] Travel Sellers
[4] Recent Developments That Have Reshaped The Travel Industry
- 1.02 The Nature of Travel Law
[1] The Scope of Travel Law
[2] Common Travel Problems Involving Carriers
[3] Common Travel Problems Involving Hotels and Resorts
[4] Common Travel Problems Involving Casinos
[5] Common Travel Problems Involving Theme Parks
[6] Common Travel Problems Involving Resort Time- Share Developers and Promoters
[7] Common Travel Problems Involving Tour Operators, Travel Agents and Internet Travel Sellers
- 1.03 Travel Abroad, Sue At Home
[1] Types Of Accidents Abroad
[2] Life Can Be Very Different Abroad
[3] Jurisdiction Over Foreign Travel Suppliers, Tour Operators and Internet Travel Sellers
[4] Changing Forums: Forum Selection Clauses, Mandatory Arbitration Clauses, Transfers and the Doctrine of Forum Non Conveniens
[5] Conflict of Laws and Choice of Law Clauses

CHAPTER 2
Domestic Air Carriers
- 2.01 Introduction
[1] Problem Areas
[2] Airline Deregulation
- 2.02 Passenger Safety and Accessibility
[1] The September 11, 2001 Disaster
[2] Aviation and Transportation Security Act
[3] General Transportation Security Regulations
[4] Improving Airport and Aircraft Security
[5] Unruly Passengers
[6] Racial and Ethnic Profiling
[7] Accommodating Impaired Passengers
[8] Airline Passenger Rights Laws
- 2.03 Marketing of Air Transportation
[1] In General
[2] Non-Refundable Airline Tickets
[3] Frequent Flyer Programs and Discount Coupons
[4] Airport Airline Clubs
[5] Ticketless Travel
[6] Cross Bordering, Back-to-Back, Hidden-City and Point Beyond Ticketing
[7] Internet Travel Sellers
[8] Computer Reservation Systems
[9] Charters: Air Carriers, Tour Operators and Air Charter Brokers
[10] Disclosure of Code Sharing Arrangements
[11] Seat Design and Positioning
[12] Children Flying Alone Or With One Parent
[13] Additional Revenue Sources
[14] Mandatory Domestic Airline Service Reporting
[15] Hub-and-Spoke Route Systems
- 2.04 Contract of Carriage
[1] Liability Limits on Lost, Damaged or Delayed Baggage
[2] Claims Restrictions
[3] Changing the Terms and Conditions of the Contract
[4] Rules on Reservations, Check-In Times and Refusals to Carry
[5] Liability for Schedule Changes, Cancellations, Flight Delays and Seat Positions
[6] Personal Injury Liability Limits
[7] Consumer Protection Rules
- 2.05 Physical Injuries
[1] Negligence
[2] Disclaimers
[3] Damages
[4] Application of the Death on the High Seas Act and General Maritime Law
- 2.06 Flight Delays
[1] Contract of Carriage
[2] Defenses In Flight Delay Cases
[3] Damages for Flight Delays
[4] Airline Overbooking
[5] Discrimination
- 2.07 Lost, Damaged, Delayed and Mishandled Baggage
[1] Contract of Carriage
[2] Lost, Damaged, Delayed and Mishandled Baggage
[3] Accidents Caused by Mishandled Baggage
[4] Transporting Pets and Service Animals
[5] Refusals to Accept Certain Items of Baggage
[6] Carry-on Baggage
[7] Baggage Fees
- 2.08 False, Misleading and Deceptive Advertising and Business Practices
[1] Types of Problems
[2] Remedies for Misrepresentations
[3] Misinformation
- 2.09 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
[6] Air Charter Brokers
- 2.10 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
- 2.11 Antitrust Considerations
[1] The Parties
[2] Consumers
[3] Competitors, Tour Operators and Travel Agents

CHAPTER 2A
International Air Transportation and the Warsaw and Montreal Conventions
- 2A.01 Overview of the Warsaw and Montreal Conventions
- 2A.02 Passenger Safety and Accessibility
[1] The September 11, 2001 Disaster
[2] Airport and Passenger Safety
[3] Unruly Passengers and Obnoxious Flight Attendants
[4] Accommodating Impaired Passengers
- 2A.03 Jurisdiction and Other Procedural Problems
[1] “International Transportation by Aircraft for Hire” Defined
[2] Preemption
[3] Jurisdiction, Venue and Forum Non Conveniens
[4] Application to Employees, Agents and Tour Operators
- 2A.04 Air Carrier Liability
[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.05 Limitations on Air Carrier Liability
[1] All Necessary Measures
[2] Limiting Liability for Physical Injuries
[3] Limiting Liability for Baggage Claims
[4] Limiting Liability for Flight Delays
[5] Contributory and Comparative Negligence
[6] Statute of Limitations
[7] Limitations on Damages
- 2A.06 Sanctions Overriding Limitations on Air Carrier Liability
[1] Delivery of Passenger Ticket
[2] Delivery of Baggage Check
[3] Willful Misconduct
[4] Scope of the Sanctions Under the Warsaw Convention

CHAPTER 3
Cruise Ships, Trains, Buses and Rental Cars
- 3.01 Problem Areas
[1] Cruise Ships and Risky Shore Excursions
[2] Railroads
[3] Bus Companies
[4] Rental Cars
[5] Passenger Safety: Cruise Ships, Trains and Buses
- 3.02 Cruise Ships
[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
- 3.03 Railroads and Buses
[1] Standard of Care
[2] Physical Injuries
[3] Delays
[4] Discomfort
[5] Lost, Damaged or Stolen Baggage
- 3.04 Rental Cars
[1] Marketing
[2] Physical Injuries
[3] Car Rental Insurance, Taxes, Fees and Surcharges
[4] Deceptive and Unfair Business Practices

CHAPTER 4
Hotels, Resorts, Casinos, Time Shares and Theme Parks
- 4.01 Problem Areas
[1] In General
[2] Safety and Security Post September 11, 2001
[3] Common Travel Problems
[4] Litigation Problems
- 4.02 Marketing of Hotel and Resort Services
[1] Direct Sale
[2] Franchises
[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] Internet Web Sites
[10] Frequent Guest Programs
[11] Hotel Brokers
- 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 Overcharges and Add-On Fees
[7] Currency Conversions: Credit Cards and Hidden Fees
- 4.05 Dishonoring Reservations: Hotel Overbooking
[1] Breach of Contract
[2] Negligence and Fraud
- 4.06 Franchises
[1] Degree of Control
[2] Agency
- 4.07 Jurisdiction Over Foreign Hotels, Resorts, Casinos, Theme Parks and Resort Time Share Operators
- 4.08 Forum Non Conveniens
- 4.09 Choice of Laws
- 4.10 Resort Time Sharing
[1] Marketing
[2] Types of Problems
[3] Litigation Strategies
- 4.11 Casinos
[1] Cheating and Other Frauds
[2] Collecting Gambling Debts
[3] Blackjack and Card Counters
- 4.12 Theme Parks And Thrill Rides
[1] Thrill Rides
[2] Types of Thrill Rides
[3] Theories of Liability

CHAPTER 5
Tour Operators, Travel Agents & Internet Travel Sellers
- 5.01 Introduction to the Wholesale and Retail Distribution of Travel Services
[1] Tour Operators, Wholesalers and Public Charters
[2] Travel Agents
[3] Internet Travel Sellers
[4] Informal Travel Promoters
[5] Common Travel Problems
[6] Liability Shifting
[7] Vicarious Liability
- 5.02 Safety and Security Post September 11, 2001
[1] The September 11, 2001 Disaster
[2] Increased Supplier Security Should Expand the Travel Sellers' Duty to Investigate and Warn of Health and Safety Hazards
- 5.03 False, Misleading and Deceptive Advertising in the Travel Industry
[1] Introduction to Travel Industry Advertising
[2] How the Travel Industry Works
[3] The Methods of Travel Advertising
[4] State and Federal Regulation of Travel Advertising
[5] Deceptive and Misleading Travel Advertising
[6] Federal Law Preemptions
[7] Misrepresentations: Private and Public Lawsuits
- 5.04 Tour Operators, Wholesalers and Public Charters
[1] Functional Definition
[2] Tour Operators and Public Charters Distinguished
[3] Tour Operators as Principals
[4] Common Travel Problems and Liability Considerations
[5] Public Charters
[6] Escorted Tours
[7] Special Event Tours
[8] Eco-Tourism
[9] Damages in Travel Cases
[10] Litigation Defenses Interposed By Tour Operators, Travel Agents and Internet Travel Sellers
[11] Sporting Event Tours: Liability For Defaults, Performance Failures and Physical Injuries
- 5.05 Retail Travel Agents
[1] Internet Travel Sellers
[2] Travel Agents' Relationship with Consumers
[3] Travel Agents' Relationship with Suppliers
[4] Liability of Travel Agents for Consumer Travel Problems
- 5.06 Pseudo Travel Agents
[1] Marketing Deregulation
[2] Dilution of Professionalism
[3] Pyramid Schemes
- 5.07 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
- 5.08 Licensing Statutes—State and Federal Regulation of Tour Operators, Travel Agents and Internet Travel Sellers
[1] State Regulation
[2] State Statutes Prohibiting False
Advertising and Deceptive Business Practices
[3] State Airline Passenger Rights Laws
[4] Federal Regulation
- 5.09 Travel Insurance and Performance Bonds: Coverage Issues
[1] Travel Agent's and Tour Operator's Professional Liability Policies
[2] Public Charter Tour Operator Surety Bonds
[3] Traveler Insurance Programs
[4] Airline Reporting Corporation Performance Bonds

CHAPTER 6
Travel Consumer Class Actions
- 6.01 The Impact of Class Actions
[1] Class Actions and Air Carriers
[2] Class Actions and Cruise Lines
[3] Class Actions and Railroads and Bus Companies
[4] Class Actions and Rental Car Companies
[5] Class Actions and Hotels and Resorts
[6] Class Actions and Casinos
[7] Class Actions and Theme Parks
[8] Class Actions and Resort Time Sharing and Vacation Condominiums
[9] Class Actions and Entertainment Suppliers
[10] Class Actions and Tour Operators
[11] Class Actions and Vacation Clubs
[12] Class Actions and Pseudo Travel Agents and Pyramid Schemes
[13] Class Actions and Depository Banks
[14] Class Actions and Surety and Insurance Companies
[15] Class Actions and Regulatory Agencies
[16] Class Actions and Trade Associations
[17] Class Actions Against Governments
[18] Class Actions and Credit/Debit Cards
[19] Class Actions and Internet Travel Sellers
[20] Basic Litigation Considerations
- 6.02 Pre-Class Certification Litigation Practice
[1] Recusal and Disqualification
[2] Motions to Dismiss the Pleadings
[3] Removal to Federal Court and Remand Back
[4] Competing Class Actions
[5] Motions for Summary Judgment
[6] Offers to Settle Independently with Class Representatives
[7] Unauthorized Communication with Potential Class Members
[8] Pre-Class Certification Discovery
[9] Class Action Counterclaims
- 6.03 Class Action Prerequisites
[1] Plaintiffs' Burden to Establish Class Action Prerequisites
[2] Class Identification
[3] Numerosity
[4] The Predominance or Common Questions of Law or Fact
[5] Plaintiff's Claims as Typical of Class
[6] Adequacy of Class Representative and Class Counsel
[7 ] Superiority
[8] Manageability
- 6.04 Notice to Class Members
[1] Notice of Class Certification
[2] Notice of Decisions on the Merits of Proposed Settlement
- 6.05 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
- 6.06 The Trial
[1] Bifurcation and Subclassing
[2] Representative Proof
[3] Inference and Circumstantial Evidence
- 6.07 Settlements, Attorneys' Fees, Costs and Incentive Awards
[1] Objections to Proposed Settlements
[2] Settling Travel Class Actions With Coupons
[3] Factors in Evaluating Proposed Settlements
[4] Cy Pres Remedies
[5] Cash Representative Incentive Awards
[6] Attorneys' Fees and Costs
[7] Administration of Settlements
- 6.08 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
Index

Thomas A. Dickerson



Judge Dickerson is an Associate Justice of the Appellate Division, Second Department of the New York State Supreme Court, and the author of over 280 legal articles in the areas of consumer law, tax certiorari, travel law and class actions. He is also the author of Class Actions: The Law of 50 States published by Law Journal Press.

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