WHAT TORT LAWYERS SHOULD KNOW ABOUT TRAVEL LAW : THE INTERNET BOOKUPDATED

Originally Published In The Trial Lawyers Quarterly 1999 And May Not Be Reproduced Without The Permission Of Thomas A. Dickerson.
By Judge Thomas A. Dickerson¹

REVISION NUMBER 1
SEPTEMBER 15, 2000

This article is a sampling of several Travel Law topics with links to my Treatise, Travel Law², and numerous articles and papers on the subject³ .

1] Travel Law: The Experience

2] Travel Law: The Book

3] Travel Law: Articles & Papers

4] Common Travel Problems

5] Traditional Travel Law Fields

6] The Cruise Passenger's Rights & Remedies

7] Flight Delays: The Airline Passenger's Rights & Remedies

8] Travel Agents: Responsibilities & Duties

9] Student Tours: How Safe Are They?

10] Travel Sponsors: Responsibilities & Duties

11] Sporting Event Tours

12] Where Can The Injured Traveler Sue?

13] Marketing Travel On The Internet & Jurisdiction

14] The Licensing Of Travel Sellers Worldwide

15] The New Field Of Travel Law

16] Liability Shifting

17] Modern Theories Of Liability

18] Special Damages In Travel Law Cases

19] Travel Class Actions & Coupon Settlements

Travel Law: The Experience

In 1975 I was a young attorney working for the Manhattan lawfirm of Shea & Gould. Around Christmas I went on a charter tour to Jamaica and experienced, as did 250 other consumers, the grossly misrepresented accommodations, facilities and services of the infamous Club Islandia. Upon my return to the United States we started and successfully prosecuted a travel consumer class action against the resort, the tour operator and several travel agents. That case, Guadagno v. Diamond Tours & Travel, Inc⁴. was the first certified travel consumer fraud class action in the United States.

The Guadagno case launched my career as a Travel Law litigator and over the next fifteen years I prosecuted many lawsuits against airlines, cruise lines, railroads, hotels, tour operators, travel agents, escrow banks, surety and insurance companies and the Civil Aeronautics Board for a variety of travel problems including hotel " bait & switch " schemes⁵, improper handling of airline baggage claims⁶, misrepresented, services, facilities and food available at hotels and resorts⁷, theft and conversion of charter tour participant deposits⁸, misrepresented History Book Club tours⁹, failing to enforce federal tour operator regulations¹⁰ , port skipping during a Caribbean cruise¹¹, flight delays¹² and cancellations¹³, death or physical injuries arising from a train crash¹⁴, a bus crash¹⁵ , the contraction of typhoid fever¹⁶ , a delayed flight with cabin temperatures reaching 120 Degrees¹⁷ , an angry camel in Egypt¹⁸ , a wild horse in Mexico¹⁹ , unsafe snorkeling during a bird watching tour of Costa Rica²⁰ and a failure to provide a lifeguard at a beach in Puerto Rico²¹ , serving food during Passover which was not Glatt Kosher²² , failing to deliver tickets to the Super Bowl²³ failing to investigate the financial stability of a tour operator²⁴ and airline ticket price fixing²⁵ .

Travel Law: The Book

My treatise, Travel Law²⁶ , was first published in 1981 and has been updated and revised 33 times, now at the rate of every six months. Travel Law discusses the following topics:

1] The Traveler's Rights And Remedies Against Travel Suppliers, i.e., airlines, cruise lines, railroads, bus and rental car companies, hotels and resorts and resort time share operators for a variety of common travel problems;

2] The Traveler's Rights And Remedies Against Travel Sellers, i.e., tour operators, consolidators, wholesalers, travel agents, pseudo travel agents, telemarketing boiler rooms, Internet web sites, travel clubs and sponsors for a variety of common travel problems;

3] The Liability of travel book publishers, entertainment suppliers such as professional sports teams and amusement parks, tour operator and air carrier escrow banks, insurance and surety companies and travel trade associations for a variety of common travel problems;

4] The Licensing And Regulation Of Travel Sellers in the United States, Canada, Australia, Japan, United Kingdom and the Members of the European Community;

5] Procedural Issues such as jurisdiction over foreign travel suppliers including the impact of marketing travel services over the Internet, choice of laws, forum non conveniens, the enforceability of forum selection and choice of law clauses and disclaimers, the application of treaties and statutes such as the Warsaw Convention and its progeny, the Death On The High Seas Act, the Hague Evidence Convention, the Foreign Sovereign Immunity Act and the Public Charter Regulations;

6] Travel Class Actions including the creation of the complaint and the selection of defendants, discovery, motions to dismiss and for summary judgment, motion for class certification, trial and settlements in cash and/or coupons and applications for attorneys fees and costs.

Travel Law : Articles & Papers

I have been writing about Travel Law and other consumer law topics since 1978 and have published over 170 articles. These articles have been published in legal publications²⁷ , travel trade and consumer publications²⁸ and on the Internet²⁹. I have also made presentations at Travel Law conferences sponsored by the Practicing Law Institute, The Travel Law Centre³⁰ at the University of Northumbria, Newcastle Upon Tyne, England, The Shepard Broad Law Center³¹, Nova Southeastern University, Fort Lauderdale, Florida and the International Federation Of Travel And Tourism Advocates³².

Common Travel Problems

Common travel problems caused by suppliers include physical injuries, delays and cancellations, overbooking, discrimination, lost, damaged or stolen baggage, misinformation, violation of antitrust laws and consumer protection laws, deceptive port charges and misrepresentations regarding the nature of the transportation, accommodations, time shares, entertainment, tours, food and other travel services.

Common travel problems caused by sellers of travel include failure to confirm reservations, overbooking, misinformation, misrepresentations, failure to investigate destinations and suppliers before recommending them, failure to keep current on industry developments, violation of consumer protection laws and state and federal licensing regulations, failure to warn of hazardous conditions, breach of warranty and guarantee of the faithful performance of suppliers.

Traditional Travel Law Fields

Travel Law as a field of law includes

(1) Traditional substantive areas such as Maritime Law, Hotel Law, Aviation Law and Antitrust Law,

(2) Traditional procedural subjects such as Jurisdiction, Forum Non Conveniens and the application of Choice Of Law Rules,

(3) Application of treaties such as the Warsaw Convention and its progeny, the Athens Convention and the Hague Evidence and Service Conventions,

(4) Application of federal statutes such as the Foreign Sovereign Immunities Act, the Death on the High Seas Act and the economic regulations of the Department of Transportation, Public Charter Regulations, and the Federal Maritime Commission,

(5) Application of state statutes such as Consumer Protection Statutes to the marketing and delivery of travel services and the Licensing And Regulation Of Travel Sellers and (6) Application of Foreign Law, e.g., that of the member States of the European Community to the liability and regulation of tour operators and travel agents.

The Cruise Passenger's Rights & Remedies

Modern cruise vessels are best viewed as floating hotels³³ that transport their guests from exotic port to exotic port where the passengers stay a few hours for shopping, snorkeling, scuba diving, parasailing and touring. The cruise industry is growing rapidly with 6 million cruise passengers world wide in 1998, a 7.8% increase from the year before³⁴.

Accidents Onboard The Cruise Ship
Common travel problems experienced by cruise passengers include physical injuries caused by:

(1) Slips, Trips & Falls [ Bergonzine v. Maui Classic Cruises³⁵( 350 lb. passenger on honeymoon cruise falls on gangplank ); Rainey v. Paquet Cruises³⁶( fall on disco dance floor ); Lee v. Regal Cruises³⁷ ( fall on melting ice cubes on stairway ); Kunken v. Celebrity Cruises³⁸ ( ankle broken entering cabin );

(2) Drownings & Other Pool Accidents [ Carron v. Holland America Line³⁹ ( passenger in pool " propelled into a sharp statute...causing injury " ); Brown v. New Commodore Cruise Line⁴⁰ ( passenger fractures ankle recklessly jumping into pool from one deck above )];

(3) Flying Coconuts [ McDonough v. Celebrity Cruises⁴¹ ( passenger struck in head with rum filled coconut [ a speciality drink called the " Coco Loco " ] dropped from a deck above ]; Stray Golf Balls [ Catalan v. Carnival Cruise Lines⁴² ( passenger driving golf balls into sea strikes another passenger ); Discharging Shot Gun Shells [Fay v. Oceanic Sun Line⁴³ ( skeet shooting passenger discharges shot gun shell into another passenger ); and Defective Exercise Equipment [ Berman v. Royal Cruise Lines⁴⁴ ( passenger injured exercising on treadmill )];

(4) Legionnaires' Disease [ In re Horizon Cruises Litigation⁴⁵ ( punitive damages appropriate in Legionnaires Disease class actions ); Freeman v. Celebrity Cruises, Inc⁴⁶. ( exposure to bacteria causing Legionnaires' disease )] and other Viruses [ Petitt v. Celebrity Cruises, Inc.⁴⁷ ( passengers become ill and require medical treatment ); Mullen v. Treasure Chest Casino⁴⁸ ( respiratory disorder caused by improperly maintained air-conditioning and ventilating system)];

(5) Rapes⁴⁹ [ Morton v. De Oliveira⁵⁰ ( rape ); Johnson v. Commodore Cruise Lines⁵¹ ( rape of passenger and cover up on cruise ); York v. Commodore Cruise Line⁵² ( sexual assault ); Travel Weekly, August 16, 1999 ( " Cruising Holds Steady Despite Assault Reports...As reported, 108 allegations of sexual misconduct were included in a lawsuit filed in July by a former Carnival employee, who said she was raped by a Carnival officer..." )] and Assaults By Crew Members [ Corna v. American Hawaii Cruises⁵³ " ( crewman assaults passenger ) and Assaults By Passengers [ Colavito v. Carnival Cruise Lines, Inc.⁵⁴ ( assault by intoxicated passenger );];

(6) Malpractice By Ship's Doctor [ Johnson v. Commodore Cruise Lines⁵⁵ ( passenger raped by crew member and misdiagnosed as having had heart attack; removed from ship and abandoned on shore );Gillmore v. Caribbean Cruise Line ⁵⁶ ( ship not liable for medical malpractice )].

(7) Smoke Inhalation [ Travel Weekly, Sept. 27, 1999 ( " Controversy surrounded Carnival Cruise Lines' Tropicale in the aftermath of a fire that left the ship drifting without power for almost 24 hours as a tropical storm threatened "; Travel Weekly, March 1, 1999 ( " Ecstasy Fire Prompts Closer Look At Safety On The Seas " ) ];

(8) Collisions [ Travel Weekly, Aug. 30, 1999 ( "Norwegian cancels sailings in wake of ship collision " )];

(9) Gastrointestinal Disorders [ Hernandez v. The Motor Vessel Skyward⁵⁷ ( contaminated food and water );Barbachym v. Costa Line⁵⁸ ( food poisoning ); Williams v. Carnival Cruise Lines⁵⁹ ( seasickness; fear of seasickness )];

(10) Heart Attacks [ Bailey v. Carnival Cruise Lines, Inc. ⁶⁰ ; Warren v. Ajax Navigation Corp⁶¹ . ( passenger claimed malpractice by ship's doctor in treatment after heart attack )];

(11) Malfunctioning Toilets [Kornberg v. Carnival Cruise Lines⁶² ].

Other Types Of Cruise Problems
Besides physical injuries cruise passengers may have claims arising from

(1) Cancellations [ Slade v. Cheung & Risser Enterprises⁶³ ( Great Lakes cruise line absconded with passenger payment; travel agent liable for failing to investigate financial responsibility )],

(2) Flight Delays [ Harden v. American Airlines⁶⁴ ( passengers miss two days of cruise because of delayed air transportation )],

(3) Baggage Loss [ Mainzer v. Royal Olympic Cruises⁶⁵ ( cruise vessel misplaces passenger's baggage for four days )],

(4) Port Skipping And Unannounced Itinerary Changes [ Casper v. Cunard Line⁶⁶ ( mechanical breakdown and scheduled itinerary changed ); Bloom v. Cunard Line⁶⁷ ( two ports of call, Puerto Rico and Nassau, canceled )],

(5) Misrepresentations about
(a) the Existence Of Specific Facilities [ Boyles v. Cunard Line⁶⁸ ( cruise line misrepresented availability of " Spa at Sea " program )],
(b) the Quality Of The Facilities [ Vallery v. Bermuda Star Line⁶⁹

( " The drapes were partly dirty and dingy...the headboards of the beds were broken and the mattresses of the beds were concave...The stateroom...did not meet the quality as described in the brochure as being special, luxurious and beautiful nor was it exquisite..." );

Gelfand v. Action Travel Center ⁷⁰ ( cruise vessel misrepresented as being new when only refurbished ) ],
(c) Handicapped Accessability [ Bergonzine v. Maui Classic Charters⁷¹ ( cruise line misrepresented that cruise was suitable for handicapped );Deck v. American Hawaii Cruises⁷² ( passenger charges cruise line with violating Americans With Disabilities Act ); Briefer v. Carnival Corp.⁷³ ( violation of Americans With Disabilities Act )],

(6) Discomfort [ Charleston-Coad v. Cunard Line⁷⁴ ( QEII sailed before major refitting work on cabins and other facilities was complete; asbestos removal ); Simon v. Cunard Line⁷⁵ ( lack of fresh water and malfunctioning air conditioning system )], and

(7) Deceptive Port Charges [ Latman v. Costa Cruise Lines⁷⁶ ( deceptive port charges; class action appropriate ); Renaissance Cruises, Inc. v. Glassman⁷⁷ ( deceptive port charges; class certification granted ); Premier Cruise Lines, Ltd. v. Picaut⁷⁸ ( passengers mislead into believing that port charges were imposed exclusively to pay governmental agencies ); Cronin v. Cunard Line⁷⁹

( " The gravamen of plaintiff's complaint is that in addition to Cunard's advertised all-inclusive fare, each passenger is required to pay an amount referred to as a ' port and handling charge '...but often exceeds $150 per passenger. Plaintiffs allege that Cunard intentionally misleads passengers into believing that these port charges are paid to port authorities and governmental agencies and that Cunard is a mere conduit for the collection of these fees. In reality...Cunard does not disclose that only a small percentage of the separate port charge is actually turned over to port authorities or government agencies and the substantial balance is pocketed by Cunard. Plaintiffs claim that Cunard's promotional materials deceptively portray the port charges as being a separate fee, beyond the control of Cunard, but are really designed to enhance Cunard's revenue while keeping the price of the fare competitive with other cruise lines" );

Travel Weekly, April 12, 1999

( " Royal Caribbean International and Celebrity Cruises each notified hundreds of thousands of their past passengers that they may be eligible for benefits as part of voluntary agreements to settle class-action suits involving port charges " )].

For a complete discussion of cruising see Dickerson, The Cruise Passenger's Rights & Remedies at http://courts.state.ny.us/tandv/cruiserights.html

Flight Delays: The Airline Passenger's Rights & Remedies

The largest number of complaints made to the U.S. Department of Transportation through its e-mail address at [email protected] involves flight delays and cancellations. Regarding cancellations

" Last month 8,590 flights were canceled out of 307,116 scheduled. A year ago it was 6,487 out of 299,132...weather, air traffic, mechanical difficulties, rules governing crew hours and hundreds of other causes, including human error, can upset schedules "⁸⁰

Types Of Flight Delays
A flight delay is any change from the promised time and date of departure or arrival. Flight delays include, of course,

(1) Cancellations [ Obuzor v. Sabena Belgian World Airlines⁸¹ ( canceled flight due to fog causes a 5 day delay in arrival in Lagos, Nigeria ); Pakistan Arts v. Pakistan International Airlines⁸² ( 2 day delay in Karachi, Pakistan forces entertainers to cancel concert in New York City ); In Re Arrow Air, Inc⁸³ . ( 8,000 consumers stranded when tour operator and air carrier default; settlement of claims ); ] as well as Flight Delays caused by

(2) Mechanical Malfunctions [ see Daniel v. Virgin Atlantic⁸⁴ ( flight diverted because of mechanical malfunction; passengers involuntarily held on tarmac for one hour and fifteen minutes and later confined to transit lounge for one hour and ten minutes without access to telephones ); Arkin v. Trans International Airlines⁸⁵ ( tire blow out during takeoff ); Burke v. Air France⁸⁶ > ( engine trouble during flight; mental anguish damages recoverable ); In re Eastern Airlines, Inc. Engine Failure⁸⁷ ( all three jet engines fail during flight; one engine restarted );

(3) Acts Of God [ De Vera v. Japan Airlines⁸⁸ ( flight delay caused by typhoon and volcanic eruption which forced closing of Manila airport ); Johnson v. Northwest Orient Airlines⁸⁹ ( flight canceled because of bad weather ); Klakis v. Nationwide Leisure Corp.⁹⁰ ( charter tour delayed 2 ½ days because of snowstorm ) ];

(4) Schedule Changes [( Robinson v. American Airlines⁹¹ ( passenger misses flight because airline advances departure time by ten minutes ); Prechtl v. Travel House of Garden City⁹² ( flight from Seattle to Hawaii canceled by airline which never informed travel agent who relied upon information in computer reservations system; passengers waited sleepless in Seattle for two days for flight to Hawaii )];

(5) Hijackings And Bombings [ Shah v. Pan American World Services, Inc.⁹³ ( hijacking in Karachi, Pakistan ); In re Air Disaster at Lockerbie⁹⁴ ( bomb explodes on aircraft over Scotland ); In re Flight Explosion on TQA Aircraft⁹⁵ ( bomb explodes on aircraft )];

(6) Noxious Body Odors [ Mohideen v. American Airlines, Inc.⁹⁶ ( passenger and children removed from aircraft because of noxious body odors )];

(7) False Imprisonment [ Bayne v. Adventure Tours USA⁹⁷ ( passenger detained and baggage searched; claims of false imprisonment ); Curley v. American Airlines, Inc.⁹⁸ ( passenger claims false imprisonment after being detained by authorities who were informed that passenger was smoking marihuana in lavatory ); Rombom v. United Air Lines⁹⁹ ( rude and unprofessional conduct by stewards who spitefully had passenger falsely arrested )];

(8) Wrongful Detention [ Uwagbai v. Alitalia Airlines¹⁰⁰ ( passenger detained in airport lounge for 3 days because of forged travel documents ); Singh v. Tarom Romanian Air Transport¹⁰¹ ( passenger removed from aircraft and detained for 6 days ); Donkor v. British Airways, Corp.¹⁰² ( passenger detained and deported from England ); Macintosh v. Interface Group¹⁰³ ( passenger removed from aircraft, arrested, jailed and charged with breach of the peace )];

(9) Violation Of Air Carrier's Access Act [ Newman v. American Airlines, Inc.¹⁰⁴ ( blind passenger with a heart condition claims violation of Air Carrier Access Act ( ACAA ) after airline refused transportation in the absence of a medical certificate indicating she could safely fly ); Brandt v. American Airlines¹⁰⁵ ( passenger's ACAA claim for airline's failure to offer food service dismissed ); Rivera v. Delta Air Lines, Inc.¹⁰⁶ ( failure to offer wheelchair assistance )];

(10) Wrongful Refusal To Board [ Chukwu v. British Airways¹⁰⁷ ( airline refuses to board passenger's brother ); Glavey v. Aer Lingus¹⁰⁸ ( passenger not allowed to board unless she wrote a written apology to airline for filing a lost baggage claim 10 days earlier )];

(11) Failure To Confirm Or Reconfirm Reservations [ Lathigra v. British Airways¹⁰⁹ ( negligent failure to reconfirm flight strands passenger in Nairobi ); El-Menshawy v. Egypt Air¹¹⁰ ( failure to confirm flight from Cairo ); Burnap v. Tribeca Travel¹¹¹ ( travel agent fails to confirm reservations and note changes ) ];

(12) Discrimination [ Mohideen v. American Airlines, Inc.¹¹² ( passenger and children removed from aircraft because of noxious body odor claim religious discrimination ); Owolabi v. Air France¹¹³ ( blind passenger in wheelchair denied assistance and left unattended in airport for seven hours during which time she urinated on herself; claims discrimination based upon race, age and disabilities ); Quinn v. National Railroad Passenger Corp¹¹⁴ ( African-American passengers ejected from train; discrimination based on race and violating ejectment rules ); Pearson v. Lake Forest Country Day School¹¹⁵( emotional distress and defamation action arising from failure to seat 13 year old boy )];

(13) Airline Overbooking [ Minhas v. Biman Bangladesh Airlines¹¹⁶( passenger delayed 45 days after being overbooked in New Delhi, India ); Lopez v. Eastern Airlines, Inc.¹¹⁷ ( compensatory damages awarded to passenger overbooked on domestic flight ); Guerrero v. American Airlines, Inc.¹¹⁸ ( airline not liable for breach of contract for overbooked flight )],

(14) Wrongful Ejection [ Hermano v. United Airlines¹¹⁹ ( passenger suspected of having a gun is removed from aircraft ); Huggar v. Northwest Airlines, Inc.¹²⁰( dispute over storage of carry-on baggage in overhead bin leads to removal of passenger from aircraft ); Schaeffer v. Cavallero¹²¹( passenger removed from flight after vociferously demanding a receipt for a piece of carry-on baggage ); Rombom v. United Air Lines, Inc.¹²² ( disruptive passenger removed from aircraft)];

(15) Failure To Assist Disabled Passengers [ Owolabi v. Air France¹²³ ( blind passenger in wheelchair denied assistance and left unattended in airport for seven hours during which time she urinated on herself); Shupe v. America Airlines¹²⁴ ( failure to meet and assist passenger making connecting flight )];

(16) Misinformation [ Lewis v. Continental Airlines, Inc.¹²⁵ ( passenger missed connection after being misinformed about flight departure time ); Siben v. American Airlines, Inc.¹²⁶ ( airline misrepresented location and arrival time of lost baggage ); Carro v. Parente World Travel Center¹²⁷ ( travel agent failed to include tickets as part of package tour )];

(17) Civil Disorder [ Jamil v. Kuwait Corp.¹²⁸( four day flight delay because of coup in Pakistan )];

(18) Shortage Of Fuel [ Daniel v. Virgin Atlantic Airways Limited¹²⁹ ( 25 hour flight delay caused by mechanical malfunctions and shortage of fuel )];

(19) Misplaced Tickets [ Ragonese v. Rosenfeld¹³⁰( airline ticket agent fails to locate ticket at airport; passenger forced to buy a second ticket at a higher price )];

(20) Collapsing Ticket Counters [ Romero v. American Airlines, Inc.¹³¹ ( passenger delayed and injured when airport check-in counter sign collapsed on her )]; and

(21) Altered Tickets [ Peralta v. Continental Airlines, Inc.¹³²( passenger removed from aircraft because of altered ticket lost business deal in Costa Rica and claims lost profits of $30,000 )]. For a complete discussion of airline flight delays see Dickerson, Flight Delays: The Airline Passenger's Rights & Remedies at http://courts.state.ny.us/tandv/flightdelays.html

The Responsibilities Of Travel Agents

There are some 40,000 travel agents in the United States with locations down the street from your home and/or on the Internet with an interactive web site¹³³. Travel agents are best viewed, primarily, as information specialists upon whom consumers rely for the provision of accurate and concise information, and, secondarily, as order takers and ticket dispensers. Travel agents are fiduciaries of their customers and have various duties and obligations.
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Duty To Make & Confirm Reservations
After selecting specific travel services the consumer expects the travel agent to contact the supplier or tour operator and make reservations. This function may be accomplished by computer, telephone or in writing. A failure to make the agreed upon reservations renders the travel agent liable for the consumer's damages [ Slade v. Cheung and Risser Enterprises¹³⁴ ( travel agent liable for consumer's lost deposit for failing to contact insolvent cruise company and establish availability of cruise ); Reservations Desk v. ALIA¹³⁵ ( failure to confirm airline reservations ); Carro v. Parente World Travel Center¹³⁶ ( travel agent responsible for making airline reservations ); Lathigra v. British Airways¹³⁷ ( passengers stranded in Nairobi for five days because airline reconfirmed reservations on discontinued flight ); Rosen v. DePorter-Butterworth Tours¹³⁸ ( failure to inform consumer of itinerary change ); Van Rossem v. Penney Travel Service¹³⁹ ( failure to confirm hotel accommodations ); Zobler v. Windward Travel Center¹⁴⁰( failure to deliver tickets for honeymoon trip ); Fuller v. Healey Transportation¹⁴¹ ( failure to send consumers to proper airport for flight )].

Independent Duty To Verify Reservations
Travel agents may find it convenient to rely upon various sources of information in confirming reservations. For example, the travel agent may rely upon wholesalers or tour operators [ Bucholtz v. Sirotkin Travel Service¹⁴²( travel agent relied upon wholesaler to make reservations at selected Las Vegas hotel )] or computers [ Bhattal v. Grand Hyatt-New York¹⁴³ ( computer error results in guest's baggage being sent to Saudi Arabia )] to verify that reservations have been made. Such reliance may be insufficient, however, since travel agents should be prepared to contact suppliers such as air carriers, cruise lines and hotels, directly, and independently verify that the purchased travel services will, in fact, be delivered [ Prechtl v. Travel House of Garden City¹⁴⁴ ( travel agent should have contacted air carrier instead of relying on computer to make reservations on a flight which air carrier had discontinued ); Trip Tours, Ltd. v. Zamani¹⁴⁵ ( travel agent should have contacted air carrier instead of relying on an irresponsible tour operator to make airline reservations that never materialized ); Touhey v. Trans National Travel¹⁴⁶ ( travel agent failed to independently verify conditions at half finished hotel; $25,000 in general damages awarded against travel agent )].

Failure To Disclose Identity Of Supplier
In recommending specific travel services the travel agent must disclose the identity of the supplier or tour operator responsible for delivering the services. If the travel agent fails to make such a disclosure then the travel agent may be held responsible for the supplier's or tour operator's default [ Spiro v. Delmar Travel Bureau¹⁴⁷ ( travel agent will be held liable for defaults of tour operator if it fails to disclose tour operator's identity ); Van Rossem v. Penney Travel Service¹⁴⁸ ( inferior hotel accommodations substituted during honeymoon vacation in Jamaica; travel agent liable for failing to disclose identity of tour operator )].

Vouching For The Reliability Of Suppliers
In recommending suppliers and tour operators the travel agent may vouch for or warranty the performance of a specific airline, cruise line, hotel or tour operator. In doing so the travel agent may be held liable for the supplier's or tour operator's default under a variety of legal theories including ;

(1) Assumed Duty [ Hernandez v. Rapid Bus Company¹⁴⁹ ( passenger rapes passenger; bus company liable for assuming duty to provide safe transportation ); Cohen v. Heritage Motor Tours¹⁵⁰ ( tourist slips and falls on slippery rocks crossing stream during tour of Canadian Rockies; tour operator and tour guide may have assumed duty to determine whether stones were safe to use as a path )];

(2) Breach Of Warranty [ Glenview Park District v. Melhus¹⁵¹ ( canoeist who drowned during trip down river was promised that canoeing would " be perfectly safe " ); Pau v. Yosemite Park and Curry Company¹⁵² ( bicycle accident; express warranty of safety claim based on promises of safe trails and " safe and enjoyable cycling areas " ); Chan v. Society Expeditions¹⁵³( tourists being transported from cruise ship to shore excursion drown when Zodiac raft overturns; brochures " advertised the Zodiac's versatility and safety in the hands of ( tour operator's ) ' highly skilled boatman ' " )];

(3) Negligent Or Fraudulent Misrepresentation [ Maurer v. Cerkvenik-Anderson Travel, Inc.¹⁵⁴( student on tour falls to death under steel wheels of Party Train to Mazatlan, Mexico; negligent failure to reveal three prior deaths of students on same train ); Pelegrini v. Landmark Travel Group¹⁵⁵ ( travel agent misrepresents refundability of tour vouchers as being refundable ); Marcus v. Zenith Travel¹⁵⁶ ( tourists stranded in Japan when tour operator defaults; travel agent negligently misrepresented that tour operator was financial stable ); Gelfand v. Action Travel Center¹⁵⁷ ( travel agent negligently misrepresented cruise ship's ability to deal with tourist's physical condition )];

(4) breach of implied warranty of habitability [ Touhey v. Trans National Travel¹⁵⁸ ( tourists vacation ruined because hotel under construction; travel agent contract carries with it an implied warranty of habitability of hotel accommodations; travel agent failed to make independent investigation of condition of hotel; $25,000 in special damages against travel agent )]; and

(5) promissory estoppel [ Chow v. Trans World Airlines¹⁵⁹( passenger relies upon air carrier's false promises of priority seating on connecting foreign carrier and misses flight to Singapore ); Keefe v. Bahama Cruise Line¹⁶⁰( reliance upon false promises resulted in delay in filing claim ); Fogel v. Hertz International¹⁶¹ ( rental car accident in Italy; liability of U.S. Hertz corporation may be based upon agency by estoppel )].
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Duty To Investigate Availability of Travel Services
Travel agents have ongoing duties to investigate the availability of the contracted for travel services, e.g.,
(1) hotel closed [ Barton v. Wonderful World of Travel¹⁶² ( hotel closed; travel agent liable for failing to investigate conditions )],
(2) hotel under construction [ Josephs v. Fuller¹⁶³ ( hotel substandard; travel agent liable for failing to investigate conditions )],
(3) canceled charter flight [ Rodriquez v. Cardona Travel Bureau¹⁶⁴ ( charter air carrier defaults; travel agent liable for failing to warn of risks of charters )],
(4) canceled scheduled flight [ Fix v. Travel Help¹⁶⁵ ( airline goes bankrupt; travel agent liable for failing to investigate )];
(5) tour package not delivered [ Marcus v. Zenith Travel¹⁶⁶ ( travel agent liable for failing to reveal trade reports about financial instability of tour operator )];
(6) cruise ship impounded by a local sheriff [ Slade v. Cheung & Risser Enterprises¹⁶⁷ ( travel agent failed to contact cruise ship company directly and verify cruise availability )],
(7) tour operator changed the itinerary [ Rosen v. DePorter-Butterworth Tours¹⁶⁸( travel agent failed to advise tourist of change in tour itinerary )], and
(8) hotel overbooking [ Bucholtz v. Sirotkin Travel Service¹⁶⁹( Las Vegas hotel overbooks and walks customers; travel agent liable for failing to investigate reliability of tour wholesaler )]. The travel agent's duty to investigate continues even after the initial deposit is made [ Barton v. Wonderful World of Travel¹⁷⁰ ( travel agent required to keep in contact with hotel up to thirty days before departure )].

Duty To Convey Needed Information
The most open ended duty of modern travel agents is to disclose any negative information which could have an adverse impact on the consumer's vacation or business trip. This duty is limited only by the actual availability of the information to the travel agent and to the consumer [ Stafford v. Intrav¹⁷¹( travel agent has duty to disclose information unless " obvious and apparent " to the traveler )]; Markland v. Travel Travel Southfield¹⁷²( both travel agent and consumer knew of financial instability of Eastern Airlines prior to default ); Behrenhausen v. All About Travel, Inc.¹⁷³ ( travel agent not liable for murder of customer by another customer )] and was the accident foreseeable and would the information have prevented the accident [ Harvey v. American Airlines¹⁷⁴ ( vacation ruined because of inclement weather; no duty to warn of rainy weather ); McCollum v. Friendly Hills Travel Center¹⁷⁵ ( waterskiing accident at resort; no duty to warn of danger in the absence of information of prior accidents ); Tucker v. Whitaker Travel, Ltd.¹⁷⁶ ( no duty to warn of risks of horseback riding ); Connolly v. Samuelson¹⁷⁷ ( no duty to warn of dangers of walking on safari )].

What Type Of Information Is Needed?

Financial Instability:
Travel agents should investigate the financial stability of suppliers and tour operators and convey this information to the consumer [ Marcus v. Zenith Travel¹⁷⁸ ( travel agent liable for failing to reveal reports in travel trade press about financial instability of tour operator ); Spiro v. Delmar Travel Bureau¹⁷⁹ ( travel agent liable for defaults of bankrupt tour operator ); Fix v. Travel Help¹⁸⁰ ( travel agent negligently misrepresents financial stability of bankrupt airline ); Douglas v. Steele¹⁸¹ ( travel agent liable for failing to reveal information regarding financial instability of tour operator )].

Inability To Deliver Services:
Travel agents should investigate the willingness and ability of suppliers and tour operators to actually deliver contracted for travel services. Specifically, the travel agent should find out and inform the consumer if the charter air carrier is safe [ Lyall v. Airtran Airlines, Inc¹⁸² ( travel agents have a reasonable duty to investigate travel providers and select appropriate travel providers for their clients ) or if the hotel is closed [ Barton v. Wonderful World of Travel¹⁸³ ( travel agent should have discovered that hotel was closed)] or under construction [ Josephs v. Fuller¹⁸⁴ ( travel agent should have discovered that hotel was substandard )], or the cruise vessel has been impounded by the local sheriff [ Slade v. Cheung & Risser Enterprises, Inc.¹⁸⁵ ], whether the cruise vessel can accommodate physically handicapped passengers [ Gelfand v. Action Travel Center¹⁸⁶ ( travel agent negligently misrepresents that cruise vessel can meet the needs of handicapped passenger )], whether the hotel has a policy of overbooking guests [ Bucholtz v. Sirotkin Travel Service¹⁸⁷( travel agent should have investigated tour operator's track record in selling accommodations at hotels that overbooks guests )], or whether a specific flight has been canceled [ Trip Tours, Inc. v. Zamani¹⁸⁸ ( charter tour operator fails to deliver flight; travel agent liable ); Prechtl v. Travel House of Garden City¹⁸⁹ ( travel agent liable for failing to investigate availability of flight )]. In addition, the travel agent should continue to investigate the ability of a supplier or tour operator to deliver even after the reservations are made [ Marcus v. Zenith Travel¹⁹⁰ ( the travel agent learned of the tour operator's financial instability after the consumer's made their reservations but failed to reveal this negative information before full payment thus giving the consumers the opportunity to cancel with minimum losses )].

Need For Travel Documentation:
Without proper travel documents the purpose of the consumer's vacation or business trip may be defeated, e.g., the traveler may be imprisoned or denied entry and forced to leave the destination country at great expense. Travel agents should investigate and inform consumers of the need for travel documentation [ Compaigne Nationale Air France v. Castano¹⁹¹ ( airline liable for failing to advise consumers of need for a visa to enter Spain ); Levin v. Kasmir World Travel¹⁹²( travel agent liable for failing to advise consumer of need for a visa to enter China )].

Health And Safety Hazards :
The destination country may be suffering from a typhoid epidemic, have a high crime rate or be a violent environment because of war or revolution. Travel agents should contact the U.S. Center for Disease Control [ CDC ] and obtain information about diseases and the need for medication and shots, the U.S. State Department and obtain any Travel Advisories warning of dangers and any other reasonably available source of information of health and safety hazards in the destination country [ Glenview Park District v. Melhus¹⁹³ ( canoeist drowned during trip down river; sponsor should have investigate the water levels and determined imminent flood conditions ); Loretti v. Holiday Inns¹⁹⁴( tourist assaulted and raped on beach in Bahamas; travel agent should investigate crime levels in destination ); Shurben v. Dollar Rent-A-Car¹⁹⁵ ( Miami rental car company had duty to warn British tourists to stay away from areas of Miami where criminals stopped rental cars, attacked and killed tourists ); Viney v. Kloster Cruise, Ltd.¹⁹⁶ ( travel agent has no duty to ensure that cruiseship conducts safety drills or to notify passenger of forum selection clause in ticket ); Russell v. Celebrity Cruises, Inc.¹⁹⁷( passenger contracts Legionnaire's disease while aboard a cruise ship; travel agent had no knowledge of health hazards on ship; no duty to reveal found ); Maurer v. Cerkvenik-Anderson Travel¹⁹⁸ ( student falls to death under steel wheels of the Party Train to Mazatlan, Mexico; tour operator failed to reveal prior three deaths of students on the same train )].

Need For Travel Insurance:
Travel agents should advise consumers of the need for and availability of appropriate travel insurance [ Rodriquez v. Cardona Travel Bureau¹⁹⁹ ( charter air carrier defaults; travel agent failed to advise of need for travel insurance ); Markland v. Travel Travel Southfield²⁰⁰ ( travel agent not liable for default of tour operator; travel agent advised consumer to buy travel insurance )].

Itinerary Changes:
Travel agents should discover and warn consumers of any changes in flight schedules [ McCoy v. MTI Vacations, Inc.²⁰¹ ( travel agent failed to notify consumers of flight changes ); Vick v. National Airlines²⁰² ( failure to warn of schedule changes )] or tour itineraries [ Rosen v. DePorter- Butterworth Tours, Inc.²⁰³ ( failure to advise consumer of change in tour starting point ) ].

Restrictions On Transportation Tickets:
Travel agents should discover and advise consumers of any restrictions on the use of tickets and vouchers [ Das v. Royal Jordanian Airlines²⁰⁴ ( travel agent failed to inform consumer that flight was wait listed ); Burnap v. Tribeca Travel²⁰⁵ ( travel agent failed to inform consumer of ticket restrictions ); Pelegrini v. Landmark Travel Group²⁰⁶( travel agent misrepresents refundability of tour vouchers )].

For a complete discussion of travel agents see Dickerson, Taking Your Travel Agent On A Trip To The Courthouse at http://courts.state.ny.us/tandv/travelagent.html
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How Safe Are Student Tours?

It is tragic, indeed, for parents to purchase a package tour designed for students, send their 17 year old high school student or 19 year old college student to Mazatlan, Mexico, Taiwan or the Bahamas only to have their children killed or seriously injured because of a lack of adequate adult supervision and/or the excessive consumption of alcoholic beverages. Such tragedies can be avoided if parents understand just how dangerous student tours can be.

Educational And Cultural Tours
There are a number of tour operators in the business of selling tours designed for high school and college students. Some student tours are educational in nature featuring credit for courses taken at foreign universities and/or guided tours of historically or culturally significant locales;

(1) Tours Of China [ Tei Yan Sun v. Taiwan²⁰⁷ ( student drowns off the coast of Ken-Ting National Park in Taiwan while participating in a cultural tour sponsored by the government of Taiwan to promote understanding of Chinese culture and history )];

(2) Tours Of Russia [ Carley v. Theater Development Fund²⁰⁸ ( tour participant falls through window of Hotel Pulkovskaya during cultural trip to St. Petersburg, Russia )];

(3) Tours Of The Holy Land [ Gyenes v. Zionist Organization of America²⁰⁹,( student drowns in Jordan River on tour of Holy Land )];

(4) Tours Of Lake Tahoe, Nevada [ St. John v. Rein Teen Tours, Inc.²¹⁰ ( student left alone and unattended in tour bus overnight without any supervision )];

(5) Tours Of Museums [ Sakellares v. Danbury Scott-Fanton Museum and Historical Society, Inc.²¹¹ ( teacher of fourth grade class slips and falls during educational tour of museum )];

(6) Community Service Programs [ Paster v. Putney Student Travel, Inc.²¹² ( " Putney Student Travel, Inc. arranges programs for high school students...one such program is called Community Service-Seeds for Progress, Montana. This program is a four week program on the Blackfeet Indian Reservation in Browning, Montana. The students reside on the reservation for the four weeks and participate in activities with the Native Americans who live on the reservation...While on the Blackfeet Indian Reservation, Plaintiff participated in a Blackfeet " sweat ceremony ", one portion of which included the passing of a tobacco filed pipe from participant to participant. Plaintiff now alleges that she suffers repeated and permanent oral yeast infections as a result of smoking the pipe " )];

(7) Boy Scout Trips [ Pitkewicz v. Kane²¹³ ( boy scout injured during trip )].

Spring Breaks And Alcohol
Some student tour programs, however, are exclusively social events and take place during traditional college Spring Breaks or after graduation from High School and include a variety of locales;

(1) Mazatlan, Mexico [ Knoell v. Cerkvenik-Anderson, Inc.²¹⁴ ( high school student jumps to death from third story hotel balcony after attending parties and consuming alcohol for three days ); Maurer v. Cerkvenick-Anderson Travel, Inc.²¹⁵( high school student is crushed to death by the steel wheels of the Party Train on its way to Mazatlan, Mexico )];

(2) The Bahamas [ Smith v. Chason²¹⁶ ( 17 year old high school student purchases Coppertone Spring Break 93' package tour to the Bahamas during which he disappears and, presumably, drowns during Booze Cruise; " Chason advised the group that they could purchase a $15.00 ticket for a Booze Cruise. He further indicated that, by purchasing a ticket for the cruise, a participant could consumed alcohol on the boat regardless of his or her age... During the cruise...Rum punch was served on board without any verification of the ages of the drinkers. The decedent consumer at least three rum punch drinks...Coroner Winston V. Saunders concluded that the decedent jumped from the ( boat ), presumably on a dare for $100.00. Once overboard, the decedent was then caught in the vessel's propellers ); Smith v. West Rochelle Travel Agency, Inc.²¹⁷ ( same claim but against travel agent in New York State )].

(3) Cancun, Mexico [ Rodriquez v. Class Travel Worldwide²¹⁸ ( student, accompanied by mother, traveled to Cancun, Mexico for Grad Trip 1998 and was seriously injured when he was pushed into hotel pool; negligence charged " in permitting and/or fostering a hedonistic atmosphere, including the illegal and excessive alcohol consumption by the graduates, many of whom were minors " )].

For a complete discussion of student tours see Dickerson, How Safe Are Student Tours? at http://www.courts.state.ny.us/tandv/studtour.html
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The Liability Of Group Travel Sponsors

Annually, numerous non-profit organizations sponsor or promote group travel to their memberships. It is not uncommon to receive a brochure from such groups announcing sponsorship of a one or two week vacation package featuring a convention, reunion, special travel program or a series of educational lectures.

Types Of Travel Sponsors

Travel sponsors cover a wide spectrum of organizations to include:

(1) Murder Mystery Weekends [ Thomalen v. Marriott Corp.,²¹⁹ ( participant in Murder Mystery Weekend burned watching a fire eating act )];

(2) The Tailhook Association [ Insurance Company of North America v. Hilton Hotels U.S.A.²²⁰ ( sexual assaults of female officers at naval aviators convention )];

(3) Race Car Associations [ Wolfgang v. Mid-America Motorsports, Inc.²²¹ ( R.E.D. Racing and World of Outlaws sponsored racing event during which participant swerved out of control into concrete wall causing his car to explode into flames )]; Smith v. Lebanon Valley Auto Racing, Inc.²²² ( race pit volunteer injured during race car crash sues race sponsor )];

(4) Scuba Diving Associations [ Torres v. National Association of Underwater Instructors²²³ ( novice drowned during scuba diving class )];

(5) Employers [ Love v. Maritz, Inc.²²⁴ ( General Motors sponsored incentive vacation to Arizona for top salesmen during which hot air balloon crashed, exploded and incinerated two car salesmen ); Martinez v. Bridgeport and Port Jefferson Steamboat Company²²⁵ ( Cabot Laboratories sponsored outing on cruise ship during which employee fell on slippery deck ); Russell v. Bissell & Associates, Inc.²²⁶0( Exxon sponsored picnic during which employee injured in diving accident ) ];

(6) College Alumni Organizations [ Smith v. High Class Tours & Travel, Inc.²²⁷( college sponsored alumni tour; accommodations, tours and other services misrepresented ) ];

(7) Universities [ Mayer v. Cornell University²²⁸ ( Cornell University's Laboratory of Ornithology sponsored bird watching tour of Costa Rica during which bird watcher drowned on snorkeling expedition to Isla del Cano ); Gehlng v. St. George's University of Medicine²²⁹ ( St. George's University Medical School in Grenada sponsored running event during which student was injured )];

(9) Religious Organizations [ Gyenes v. Zionist Organization of America²³⁰( American Zionist Youth Foundation sponsored education tour of Israel during which student drowned swimming the Jordan River ); Hannold v. First Baptist Church²³¹( First Baptist Church sponsored overnight camping trip during which participant was bit on lip by dog )];

(10) Book Clubs [ Sachs v. Book-of-the-Month Club, Inc.²³² ( Book-Of-The-Month Club subsidiary, The History Book Club, sponsored tour to members which was canceled after travel agent misappropriated consumer payments )];

(11) Medical Professional Groups [ Gottesfeld v. Center for Modern Psychoanalytic Studies²³³ ( psychiatric institute sponsored educational tour to Kenya during which one psychiatrist died at the bottom of an extinct volcano )];

(12) Art Groups [ Lane v. Vacation Charters, Ltd.²³⁴ ( ski accident during tour organized by Children's Art Carnival )];

(13) Cultural And Theater Groups [ Tei Yan Sun v. Taiwan²³⁵ ( Government of Taiwan sponsored cultural tour during which American student of Taiwanese descent drowned off the coast of Ken-Ting National Park ); Winter v. I.C. Holidays²³⁶ ( bus accident in Mail during tour organized by African cultural group ); Carley v. Theater Development Fund²³⁷( participant in cultural tour of Russia featuring theater, opera and ballet performances leaned on window in St. Petersburg hotel and fell six stories to the ground below )];

(14) Handicapped Sports Clubs [ Potter v. National Handicapped Sports²³⁸ ( handicapped skier injured during race )];

(15) High Schools [ Mauer v. Cerkvenik-Anderson Travel, Inc.²³⁹ ( during tour featuring an 18 hour ride on a Party Train from Nogales to Mazatlan, Mexico student tourist fell while crossing into next passenger car and was crushed to death by the train's steel wheels ), Knoell v. Cerkvenik-Anderson Travel, Inc.,²⁴⁰ ( during tour to Mazatlan, Mexico student tourist consumed alcoholic beverages for three days and jumped to death from third story hotel balcony ), Smith v. Chason²⁴¹ ( student tourist jumped into ocean during booze cruise on a $100 dare and drowned after hitting the ship's propellers ); Smith v. West Rochelle Travel Agency, Inc.²⁴² ( same booze cruise jumper; parents sued local travel agent ), Dunleavy v. Youth Travel Associates²⁴³ ( student tourists sued sponsoring school for payments made to defaulting travel agent for trip to France ), Hayes v. Pickman²⁴⁴( school sponsored ski trip; student sued tour leader professor for breach of contract in failing to deliver all tour components )];

(16) Ski Associations [ Del Bosco v. US Ski Ass'n²⁴⁵ ( United States Ski Association sponsored Trophy Series Ski Race during which participant fell injuring leg and ankle )];

(17) Sail Training Associations [ McAleer v. Smith,²⁴⁶ ( American Sail Training Association sponsored race during which trainees drowned when vessel capsized )];

(18) Park Districts [ Glenview Park District v. Melhus,²⁴⁷ ( Glenview Park District sponsored 4 hour, 15 mile family canoe trip down the Fox River during which participant drowned )];

(19) Police Associations [ Mongello v. Davos Ski Resort²⁴⁸ ( Detective's Endowment Association sponsored ski trip during which participant was killed )];

(20) Fishing Organizations [ Rudolph v. B.A.S.S. Federation²⁴⁹ ( Bass Federation sponsored bass fishing contest during which a jet skier was killed by an overeager contest participant speeding to weigh in station to register fish )];

(21) All Terrain Vehicle Clubs [ Lamey v. Foley²⁵⁰ ( rider of All Terrain Vehicle had accident during race and sued sponsoring club )];

(22) Radio Stations [ Adames v. Trans National Travel²⁵¹ ( radio station awarded a vacation package to a listener who was injured in " a relay race where contestants would race down the beach, spin around a large wooden fish, take a shot of tequila, and run back to their team and tag the next person. At the conclusion of the game...the women were ordered to attack the male participant still on the beach " )];

(23) Road Running Clubs [ Hebert v. St. Paul Fire And Marine Insurance Companies²⁵²( track club sponsored road race during which participant stepped in pot hole )];

(24) Golfing Events [ Ransom v. Fernandina Beach Chamber Of Commerce²⁵³( golfer sued sponsors for refusing to award prize after making a hole-in-one on 12^th hole ); Burford Distributing, Inc. v. Starr²⁵⁴ ( sponsor of charity golfing event refused to award prize to participant who made a hole-in-one )];

(25) Horse Shows [ Uhler v. Evangeline Riding Club²⁵⁵( horse riding club sponsored horse show during which a participant was injured )].

For a complete discussion of travel sponsors see Dickerson, Sponsoring Group Travel at http://www.courts.state.ny.us/tandv/sgt.html
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Sporting Event Tours

Some tour operators sell tours featuring round trip air transportation, hotel accommodations, transfers and tickets to a popular sporting event such as the Super Bowl or the Rose Bowl. On occasion the tour operator may be unable to deliver the game tickets thus defeating the very purpose of the tour.

" Approximately, 48 hours before the plaintiffs... were to leave for New Orleans they were informed by the defendants that the guaranteed admission and ticket to SUPERBOWL XII was unavailable and would not be delivered...

The plaintiffs...demanded their money back but were told that no refund would be forthcoming and to go to New Orleans and enjoy a weekend in the lobby of ( Howard Johnson's Motor Lodge ) watching SUPERBOWL XII on TV. The plaintiffs...were outraged and considered the full contract breached since the raison d'etre of the contract; tickets and admission to SUPERBOWL XII were unavailable. "

Such a default may constitute a violation of U.S. Department Of Transportation Super Bowl regulations.

Equally disconcerting are sporting events that, actually, take place but the advertized " star " players may not play, the team may have moved to another venue or the team fails to perform as expected due to strikes, business failures, fraud, canceled games and incompetent umpires. Some fans may be denied access to a sporting event because of sex discrimination. Lastly, the fan may be injured during the sporting event from stray balls or aggressive behavior by players and fans.

For a complete discussion of sporting event tours see Dickerson & Mechmann, Sporting Event Tours: Liability For Defaults, Performance Failures And Physical Injuries at http://courts.state.ny.us/tandv/SportingEventArticleCourtWebPage.htm

Travel Accidents Abroad, How To Sue At Home

Traveling abroad, whether by international air carrier²⁵⁶, aboard a cruiseship²⁵⁷ or while participating in a tour²⁵⁸, can be a wonderful experience until you have an accident. This was, especially, true for these unlucky tourists:

(1) Killed in Egypt [ Guidi v. Inter-Continental Hotels Corp.²⁵⁹ ( guests murdered in hotel restaurant by terrorists )]; Klinghofer v. Achille Lauro²⁶⁰ ( tourist murdered on cruiseship by terrorists )]; Iceland [ Travel Weekly²⁶¹,

" A female passenger aboard Orient Lines' Marco Polo was killed in a snowmobile accident July 24 during a shore excursion on the Langjokull Glacier near Reykjavik, Iceland " ];

Nassau [ Carlisle v. Ulysses Line, Ltd.²⁶² ( robbers ambush and murder cruise passenger on beach )]; Maui, Hawaii [ Travel Weekly²⁶³, " Six passengers, pilot killed in Maui tour helicopter crash " ]; Bahamas [ Chan v. Society Expeditions, Inc.²⁶⁴( cruise passenger drowns while being transported from ship to shore for excursion )]; British Columbia [ Goldstein v. D.D.B. Needham²⁶⁵ ( five adventure tourists killed during rafting accident )]; Cozumel, Mexico [ Varey v. Canadian Helicopters Limited²⁶⁶ ( cruise passengers drown when helicopter crashes on return to Cozumel, Mexico from tour of ruins in Chichen Itza )]; Cave Creek, Arizona [ Love v. Maritz, Inc.²⁶⁷ ( car salesmen on sales incentive tour are burned to death when hot air balloon crashes in desert )]; Great Barrier Reef, Australia [ Reuters²⁶⁸, Tourists Mutiny Over Holiday In Hell ( dive boat captain strands two U.S. divers on the Great Barrier Reef who then drown and are eaten by sharks )].

(2) Assaulted in Florida [ Hardy v. Pier 99 Motor Inn²⁶⁹ ( guests stabbed in hotel parking lot)]; Puerto Rico [ Woods- Leber v. Hyatt Hotels of Puerto Rico²⁷⁰ ( mongoose attacks guest sunbathing at hotel pool )]; Jamaica [ Schreiber v. Camm²⁷¹ ( guests at Jamaican vacation estate shot by security guard )]; Cayman Islands [ Wilson v. American Trans Air, Inc.²⁷² ( guest assaulted at hotel )]; St. Thomas ( Manahan v. NWA, Inc.²⁷³ ( tourist mugged on walk to restaurant from hotel )]; Galapagos Islands [ O'Keefe v. Inca Floats, Inc.²⁷⁴ ( sexual assault during cruise to Galapagos Islands )].

(3) Raped in the Bahamas [ Doe v. Sun International Hotels, Ltd.²⁷⁵ ( guest raped at resort ) ]; Loretti v. Holiday Inns, Inc.²⁷⁶ ( hotel guest raped on safe beach )]; Jamaica [ Catalano v. NWA, Inc.²⁷⁷ ( tourist raped during sailing excursion on a two- person sunfish sailboat ); Creteau v. Liberty Travel, Inc.²⁷⁸ ( tourist raped and robbed in Jamaica )]; Cayman Islands [ Wilson v. Humphreys Cayman Ltd.²⁷⁹ ( guest raped at hotel )]; at sea [ Morton v. De Oliviera²⁸⁰ ( passenger raped on cruiseship ); Johnson v. Commodore Cruise Lines²⁸¹ ( passenger raped by crew member; removed from ship and abandoned on shore )].

(4) Robbed in Puerto Rico [ Gillmore v. Caribbean Cruise Line²⁸² ( cruise passengers robbed and stabbed on pier )]; Grand Bahamas [ Fling v. Hollywood Travel and Tours²⁸³ ( tourist shot and robbed )]; Kenya [ Dow v. Abercrombie & Kent²⁸⁴ ( tourists on safari assaulted and robbed by bandits while camping in the Oloolo Escarpment in the Masai Mara reserve )]; Jamaica [ Travel Weekly²⁸⁵ " A dozen passengers sailing on Holland America Line's Noordam were robbed at gunpoint at the Prospect Plantation in Ochos Rios, Jamaica " ]; New Orleans, Louisiana [ Searcy v. La Quinta Motor Inns, Inc.²⁸⁶ ( guest attending meeting of New Orleans Baptist Theological Seminary robbed in his hotel room )].

(5) Swimming in the Dominican Republic [ Calvo v. Sol Melia, S.A.²⁸⁷ ( tourist struck by motorboat while swimming off the beach )]; Costa Rica [ Mayer v. Cornell University²⁸⁸ ( tourist on birdwatching tour of Costa Rica drowns while snorkeling off the Il de Cano )]; Cabo San Lucas, Mexico [ Gardemal v. Westin Hotel Company²⁸⁹ ( tourist drowns snorkeling off of Lovers' Beach )]; Cayman Islands [ Lehman v. Humphrey Cayman Ltd.²⁹⁰ ( tourist drowns in ocean )]; Maui, Hawaii [ Rygg v. County of Maui²⁹¹ ( hotel guest is paralyzed and rendered a quadriplegic in surfing accident off of Kamaoele II Beach )]; Jamaica [ Reid-Walen v. Hansen²⁹² ( tourist run over by motor boat while swimming in the crystal clear waters of Jamaica )]; Island of Hawaii [ Tancredi v. Dive Makai Charters²⁹³ ( scuba diver drowns diving in the Deep Reef )]; Taiwan [ Sun v. Taiwan²⁹⁴ ( tourist drowns during recreational visit to Ken-Ting National Park )]; Guadeloupe [ Sankaran v. Club Mediterranee, S.A.²⁹⁵ ( guest on snorkeling excursion abandoned and forced to return to Club Med facility by swimming and walking on sharp reef )]; Cancun, Mexico [ Rodriguez v. Class Travel Worldwide²⁹⁶ ( minor tourist on Grad Trip 1998 to Cancun pushed into hotel pool and suffers tragic injuries ); Sova v. Apple Vacations²⁹⁷ ( tourist injures back during scuba dive on snorkeling excursion )]; Acapulco, Mexico [ Feldman v. Acapulco Princess Hotel²⁹⁸ ( accident at hotel pool )]; Hong Kong [ Nowak v. Tak How Inc. Ltd²⁹⁹ ( guest drowns in hotel pool )]; Rio de Janeiro, Brazil [ Darby v. Societe Des Hotels Meridien³⁰⁰ ( hotel guest drowns in ocean )].

(6) Riding camels in Egypt [ MacLachlin v. Marriott Corporation³⁰¹ ( tourist thrown from angry camel breaks eight ribs and fractures pelvis )]; horses in Jamaica [ Colby v. Norwegian Cruise Lines, Inc.³⁰² ( horse riding accident during shore excursion )]; Copper Canyon, Mexico [ Honeycutt v. Tour Carriage, Inc.³⁰³ ( tourist at Club Med facility thrown from horse and breaks ankle )]; Sonora Bay, Mexico [ May v. Club Med Sales, Inc.³⁰⁴ ( guest at Sonora Bay Club Med thrown from horse )]; Bahamas[ Tucker v. Whitaker Travel, Ltd.³⁰⁵ ( tourist thrown from horse )]; Acapulco, Mexico [ Barber v. Princess Hotels International³⁰⁶ ( horse riding accident )].

(7) Riding in tour buses or limos in Vietnam [ Pearl Cruises v. Cohon³⁰⁷ ( cruise passengers injured in automobile accident during shore excursion )]; Morocco [ Davies v. General Tours, Inc.³⁰⁸ ( tourist injured exiting tour bus )]; St. Thomas [ Lubick v. Travel Services, Inc.³⁰⁹ ( driver lost control and wrecked tour bus )]; Glasgow, Scotland [ Ramage v. Forbes International, Inc.³¹⁰ ( tour bus accident )]; Mali [ Winter v. I.C. Holidays, Inc.³¹¹ ( bus accident; driver unlicenced and uninsured )]; Germany [ Chouset v. American Airlines, Inc.³¹² ( tour bus door closes on tourist's arm )]; Bahamas [ Fertels v. Resorts International³¹³ ( motor vehicle accident in the Bahamas )]; Quebec, Canada [ Lowy v. Heimann's Bus Tours, Inc.³¹⁴ ( tour bus accident )]; Spain [ Rovinsky v. Hispanidad Holidays, Inc.³¹⁵ ( accident in tour bus advertised as being safe )]; Cozumel, Mexico [ DeRoche v. Commodore Cruise Line, Ltd³¹⁶ ( scooter accident )]; Acapulco, Mexico [ Dubret v. Holland America Line Westours, Inc.³¹⁷ ( bus transporting guest from hotel to airport collides with garbage truck )]; Egypt [ Paredes v. Princess Cruises, Inc.³¹⁸ ( tour van accident )]; England [ McCartney v. Windsor, Inc. ³¹⁹ ( tour bus accident )].

(8) Driving a rental car in the Bahamas [ Sadkin v. Avis Rent A Car System, Inc.³²⁰ ( rental car accident )]; Mexico [ Chung v. Chrysler Corp.³²¹ ( students killed in rental car crash )]; Italy [ Travalja v. Maieliano Tours³²² ( rental car accident ) ]; England [ Weiner v. B.O.A.C.³²³ ( rental car accident )]; Rumania [ Kermisch v. Avis Rent-A-Car³²⁴ ( tourists arrested in Rumania for mistreating their rental vehicle ) ].

(9) Jumping into the ocean [ Smith v. Chason³²⁵ ( minor tourist jumps into ocean during booze cruise and drowns after being struck with ship's propellers )]; off of trains [ Meurer v. Cerkvenik-Anderson Travel, Inc.³²⁶ ( female student crushed by steel wheels of party train to Mazatlan, Mexico ) ]; off of balconies [ Knoell v. Cerkvenik-Anderson Travel, Inc.³²⁷ ( 18 year old student jumps to death from hotel balcony in Mazatlan, Mexico); Powell v. Trans Global Tours, Inc.³²⁸ ( guest leans against hotel balcony rail and falls to ground in Mexico )].

(10) Boating in the Bahamas [ Chierchia v. Treasure Cay Services³²⁹ ( boating accident ); United Shipping Co. v. Witmer³³⁰ ( cruise passenger drowns during boat tour )]; sail boating in the ocean [ McAleer v. Smith³³¹ ( sail trainees drown after vessel capsizes during race )]; cruising the Nile River [ Elsis v. TWA³³² ( cruise boat burns to the waterline as Captain and crew abandon ship and passengers )]; canoeing in a river [ Glenview Park District v. Melhus³³³ ( canoeist who drowned during trip down river was promised that canoeing would be perfectly safe )]; whale watching in British Columbia [ Rawlins v. Clipper Cruise Line³³⁴ ( accident during whale watching excursion in waters off Victoria Harbor )]; jet boat excursion in Hell's Canyon [ Walther v. Hell's Canyon Adventures³³⁵ ( white water rafting accident )]; speed boating in China [ Wong Mee Wan v. Kwan Kin Travel Services Ltd.³³⁶ ( tourist drowns in speedboat accident )].

(11) Para-sailing in Cancun, Mexico [ Hernandez v. Quality Inns, Inc.³³⁷ ( tourist falls to death in para-sailing accident )].

(12) Playing tennis in Hawaii [ Anderson v. Marriott Hotel Services, Inc³³⁸ ( guest falls on hotel tennis court )]; playing golf in Bermuda [ Bruemmer v. Marriott Corporation³³⁹ ( while searching for lost ball golfer falls to death from cliff adjacent to tee area for the 18^th hole )]; hiking in the Mohonk Mountain Preserve [ Bouchard v. Smiley Brothers, Inc.³⁴⁰ ( tourist falls to death during hiking expedition )]; bicycling in Virginia [ Coles v. Jenkins ( tourist killed bicycling during Virginia Horse and Wine Country tour )]; Yosemite National Park [ Pau v. Yosemite Park³⁴¹ ( tourist killed riding on trails advertised as being safe )]; snowmobiling in Colorado [ Grutkowski v. Steamboat Lake Guides & Outfitters, Inc.³⁴² ( snowmobiling accident in Routt National Forest in Colorado )]; tube-riding in the Bahamas [ Schettino v. Paradise Beach Inn, Ltd.³⁴³ ( tourist injured in tube ride pulled by motorboat )]; scuba diving in Puerto Rico [ Torres v. National Association of Underwater Instructors³⁴⁴ ( tourist injured during scuba dive )].

(13) Riding in airplanesin China [ Barkanic v. General Administrator of Civil Aviation³⁴⁵ ( tourist killed in airplane crash during tour )]; La Paz, Bolivia [ Philippe v. Lloyd's Aero Boliviano³⁴⁶ ( tourist takes plane to La Paz traveling from sea level to an altitude of 13,313 feet within 40 minutes during which he suffers cerebral injuries due to hypoxia )]; Kenya [ Abercrombie & Kent v. Carlson Marketing Group³⁴⁷ ( tourists killed when plane crashes into a mountain )].

(14) Sweating in Montana [ Paster v. Putney Student Travel, Inc.³⁴⁸ ( tourist contracts oral yeast infections after smoking a tobacco filled pipe during a sweat ceremony on the Blackfeet Indian Reservation in Montana )].

(15) Walking in Volcanos National Park, Hawaii ( Schechter v. Tauck Tours, Inc.³⁴⁹ ( tourist falls on hot lava rocks )]; South Africa [ Connolly v. Samuelson³⁵⁰ ( tourist falls during walking safari )]; Fiji Islands [ Lavine v. General Mills, Inc.³⁵¹ ( tourist falls on slippery rocks )]; Canadian Rockies [ Cohen v. Heritage Motor Tours, Inc.³⁵² ( tourist falls crossing stream )]; Minahasu Highlands, Indonesia ( Carney v. Singapore Airlines³⁵³ ( tourist wearing only shorts and sandals falls into steaming hot sulphur vent and is severely burned )]; Brazil [ Stevenson v. Four Winds Travel, Inc.³⁵⁴ ( tourist falls on slimy pier in Amazon River, Brazil )]; Egypt [ Sanders v. Nabila Tours & Cruises³⁵⁵ ( tourist injured during tour of Catacombs Hala )].

(16) Being poisoned by adulterated food [ McFadden v. Staley³⁵⁶ ( restaurant patrons ill from eating adulterated food ) ]; tainted water [ Klein v. Marriott International, Inc.³⁵⁷ ( contaminated water at Bermuda hotel )]; carbon monoxide [ Assicurazioni Generali, SPA v. Neil³⁵⁸ ( hotel guests injured from carbon monoxide poisoning )]; shigella [ Averitt v. Southland Motor Inn of Oklahoma³⁵⁹ ( food poisoning from ingestion of shigella )]; Legionnaire's Disease [ In re Horizon Cruises³⁶⁰ ( punitive damages appropriate ); Freeman v. Celebrity Lines, Inc.³⁶¹ ( cruise passengers contract Legionnaires's disease ); Russell v. Celebrity Cruises, Inc.³⁶² ( Legionnaires's Disease; travel agent has no duty to warn )].
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Life Is Very Different Abroad

Travelers assume that should they have an accident in a foreign country they will be protected by the same safety standards, high quality medical care, consumer protection laws and user friendly legal system available in the United States. The reality, however, is quite the opposite. In many foreign countries

(1) The safety standards are much lower [ see Wilson v. Best Travel³⁶³ ( tourist falls through weak plate glass window in Athens hotel; plate glass thickness standards lower in Greece than in England where tourist resided ); Carley v. Theater Development Fund³⁶⁴ ( tourist falls through window at hotel in St. Petersburg, Russia ); Knoell v. Cerkvenik-Anderson Travel, Inc.³⁶⁵ ( 18 year old tourist from Arizona consumes large quantities of alcoholic beverages for three days and jumps to death from third story hotel balcony; Arizona Dram Shop law does not apply; drinking age in Mexico is lower than in Arizona ); Cicchiello v. Reney Tours Plane Broker, Inc.³⁶⁶ ( tourist injured when gas stove at hotel exploded )].

(2) The quality of medical care is much lower [ DeRoche v. Commodore Cruise Line, Ltd.³⁶⁷ ( cruise passenger on shore excursion suffers injuries in motor scooter accident; medical malpractice by local infirmary in Cozumel, Mexico ); Gillmore v. Caribbean Cruise Line³⁶⁸ ( malpractice by ship's doctor ); Bonaventure v. Home Lines, Inc.³⁶⁹ ( malpractice by ship's doctor ); Blinzler v. Marriott International, Inc.³⁷⁰ ( guest suffers heart attack at hotel; surviving spouse claims delay in obtaining medical assistance caused death; hotel liable for delay in calling emergency aid ); Johnson v. Commodore Cruise Lines. Ltd.³⁷¹ ( passenger raped by crewmember and misdiagnosed as having had heart attack ); Room v. Caribe Hilton Hotel³⁷² ( delay in providing medical assistance to heart attack victim ); Krys v. Lufthansa German Airlines³⁷³ ( airline crew failed to assist passenger with heart attack; damages of $1.8 million awarded to passenger for aggravation of damage to heart; $600,000 loss of consortium )].

(3) The law is less sympathetic to the injured traveler in, among other places,
(a) Egypt [ MacLachlin v. Marriott Corporation³⁷⁴ ( tourist thrown from angry camel in Egypt; " an Egyptian forum which is based partially on Koranic law would be unduly harsh to plaintiff")];
(b) France [ In Re Air Crash Off Long Island, New York³⁷⁵ ( air crash; France does not allow punitive damages )];
(c) Dominican Republic [ Calvo v. Sol Melia, S.A.³⁷⁶ ( tourist struck by motor boat while swimming; Dominican Republic does not recognize product liability claims )];
(d) Turkey [ Mercier v. Sheraton International, Inc.³⁷⁷ ( contract dispute; Turkey may not recognize claims for breach of contract or tortious interference with contract )];
(e) Hong Kong [ Nowack v. Tak How Inv. Ltd.³⁷⁸ ( drowning accident; law uncertain in Hong Kong )];
(f) Malaysia [ Simcox v. McDermott International³⁷⁹ ( slip and fall on barge; Malaysia has similar substantiative law to U.S. )];
(g) Cayman Islands [ Lehman v. Humphrey Cayman Ltd.³⁸⁰ ( recovery for wrongful death in Cayman Island may not exceed $5000 )];
(h) China [ Barkanic v. General Administration of Civil Aviation³⁸¹ ( air crash; maximum recoverable damages limited to $20,000 ];
(i) Mexico [ Wendelken v. Superior Court³⁸² ( slip and fall; Mexico limits lost wage damages to 25 pesos per day )]; Hernandez v. Burger³⁸³ ( auto accident; Mexican law limits recovery to the amount of the injured's party's medical and rehabilitative expenses and lost wages at the minimum rate )].and

(4) The legal system discourages litigation by, among other things, barring contingency fee arrangements with attorneys and jury trials in, among other places,
(a) Bermuda [ Bruemmer v. Marriott Corp.³⁸⁴ ( hotel guest playing golf falls off cliff adjacent to tee area for 18^th hole and subsequently dies from his injuries; no contingent fees in Bermuda )];
(b) Bahamas [ Doe v. Sun International Hotels, Ltd.³⁸⁵ ( 18 year old female guest raped at hotel; no jury trials or contingency fees in Bahamas )];
(c) France [ In Re Air Crash Off Long Island, New York³⁸⁶ ( air crash; France does not allow contingency fee arrangements )];
(d) Cayman Islands [ Wilson v. Humphreys Cayman Ltd.³⁸⁷ ( rape at hotel; no contingency fees or jury trials in Cayman Islands ); Lehman v. Humphrey Cayman Ltd.³⁸⁸ ( no contingency fees or jury trials in Cayman Islands )];
(e) Jamaica [ Reid-Walen v. Hansen³⁸⁹ ( motorboat accident; no contingency fees or jury trials in Jamaica ); Lugones v. Sandals Resorts, Inc.³⁹⁰ ( no contingency fees or jury trials in Jamaica )];
(f) England [ Neville v. Anglo American Management³⁹¹ ( tour bus accident; no contingency fees or jury trails in England )];
(g) Trinidad and Tobago [ Flynn v. General Motors, Inc.³⁹² ( car accident; no jury trial in Trinidad and Tobago )];
(h) Finland [ Carnival Cruise Lines, Inc. v. Oy Wartsila AB³⁹³ ( accident aboard cruiseship; no jury trials in Finland )];
(i) Israel [ Gyenes v. Zionist Organization of America³⁹⁴ ( student drowned in Jordan River; no right to jury trial in Israel )].

Is The Forum Selected Convenient?

Travelers injured abroad may commence a lawsuit in a U.S. court against a cruiseline, foreign hotel, tour bus company or various other ground operators. In response the defendants may seek to dismiss the lawsuit because the U.S. forum selected is not convenient, i.e., forum non conveniens or a clause in the cruise passenger ticket, hotel registration form or tour participant contract states that all lawsuits must be brought in a specific forum, i.e., forum selection clause. In addition, the defendants may seek an early determination by the Court that the law of a foreign country applies to one or more issues in the case, i.e., choice of law. The applicable law, foreign or domestic, bears on the convenience of the selected forum. The theory being that foreign Courts are better able to interpret their own law than the Courts of a U.S. forum [ Mercier v. Sheraton International, Inc.³⁹⁵ ( contract dispute; difficulty in interpreting Turkish law one reason for dismissal ); Rudisill v. Sheraton Copenhagen Corp.³⁹⁶ ( fall in Danish hotel bathtub; Danish courts better able to apply Danish law ); Carnival Cruise Lines, Inc. V. Oy Wartsila AB³⁹⁷ ( contract dispute; Finnish courts better able to interpret Finnish law )].

Should the Court grant a forum non conveniens motion it may condition dismissal upon the defendant agreeing to the transfer of the case to a distant forum for trial [ Chhawchharia v. The Boeing Co.³⁹⁸ ( dismissal subject to defendant submitting to jurisdiction of English or Scottish courts, waiving any statute of limitation defense, conceding liability for all compensatory damages, providing access to all evidence, and paying the awarded damages ); Diaz v. Mexicana de Avion, S.A.³⁹⁹ ( dismissal subject to defendant accepting service in and jurisdiction of Mexican courts, waiving statute of limitations, producing all evidence and witnesses, and agreeing to satisfy any judgments ); Fertels v. Resorts International⁴⁰⁰ ( dismissal subject to accepting service and waiving statute of limitations )]. Such a result may mean the termination of the lawsuit since the litigation costs and general inhospitableness of many foreign jurisdictions makes it virtually impossible to proceed.

For a complete discussion of forum non conveniens issues see Dickerson, Travel Abroad, Sue At Home at http://www.courts.state.ny.us/tandv/tasah.html
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The Internet, The Sale Of Travel Services And Jurisdiction

Consumer use of the Internet to plan travel and make reservations has risen dramatically in recent years. While consumers remain cautious about the reliability of information⁴⁰¹, the prospect of hidden fees⁴⁰² and insecure credit card transactions⁴⁰³, travel shopping on the Web is increasing⁴⁰⁴, particularly, as suppliers such as hotels⁴⁰⁵ and air carriers⁴⁰⁶ offer exclusive fares on their own Web sites with 24 hour accessability⁴⁰⁷ and retailers continue to develop creative ways⁴⁰⁸ to sell travel services, e.g., Priceline⁴⁰⁹.

At the same time the Internet threatens to destabilize the existing retail distribution system by replacing travel agents⁴¹⁰. Unlimited and unlicenced⁴¹¹ access to the Internet threatens consumers by exposing them to complex travel scams⁴¹² and boiler room operators⁴¹³. And, lastly, the marketing of travel services on the Internet may expose foreign suppliers and tour operators to greater risk of being hailed before U.S. Courts to answer lawsuits brought by aggrieved travelers.

Personal Jurisdiction

In adjudicating an injured traveler's claim against a foreign supplier or tour operator the Court must have jurisdiction over the subject matter⁴¹⁴ as well as personal jurisdiction over the parties. Traditionally, personal jurisdiction has depended upon physical presence in the forum. For example, if a foreign hotel⁴¹⁵ or air carrier⁴¹⁶ conducted business through an agent⁴¹⁷, a wholly owned subsidiary⁴¹⁸, a parent corporation⁴¹⁹ or joint venturer⁴²⁰ or maintained an office with a staff, a bank account and a local telephone number then jurisdiction would, generally, be appropriate. The rationale being that in return for the privilege of doing business in the forum a foreign travel supplier or tour operator should be available to answer claims brought by injured travelers.

In the absence of physical presence, however, the assertion of personal jurisdiction is more problematical. For example, instead of maintaining an office in the forum a foreign travel supplier may conduct business through an agent⁴²¹, independent contractor⁴²², travel agent⁴²³ or tour operator⁴²⁴. Under these circumstances personal jurisdiction has been found if there was active solicitation of business plus contract formation in the forum. This concept, known as the " solicitation-plus " doctrine, is still followed with some exceptions⁴²⁵ by most U.S. Courts⁴²⁶ .

Jurisdiction And The Internet

The extent to which an Internet web site confers personal jurisdiction in a forum in which the web site is accessible to the general public and/or to customers has recently been addressed by several Courts. Initially, it should be noted that using a Web site to make travel reservations is not analogous to using an 800 number to make reservations⁴²⁷. These two instrumentalities are qualitatively different in their impact upon the assertion of personal jurisdiction over foreign travel suppliers.

For a complete discussion of the Internet and jurisdiction see Dickerson, Selling Travel Services Over The Internet And Its Impact Upon Jurisdiction at http://courts.state.ny.us/tandv/TLJInternetArticle99.htm

The Licensing Of Travel Sellers Worldwide

Travel sellers include tour operators⁴²⁸ and consolidators⁴²⁹ and retailers such as professional travel agents⁴³⁰, pseudo travel agents⁴³¹, outside sales representatives⁴³², telemarketing " boiler rooms "⁴³³, time share salesmen⁴³⁴, Internet web sites⁴³⁵, travel clubs⁴³⁶ and informal travel promoters⁴³⁷.

Travel scams continue to proliferate⁴³⁸. As a consequence there is an urgent need for uniform State licensing of Travel Sellers⁴³⁹. The necessary components are annual registration, proficiency testing, advertising standards and contractual disclosure rules, surety bonding, escrow accounts, errors and omissions insurance, consumer restitution funds and civil and criminal penalties.

Some or all of these components can be found in very few of the existing State statutes regulating Travel Sellers⁴⁴⁰ and in the Travel Seller statutes of Ontario⁴⁴¹, Canada, Australia⁴⁴², Israel⁴⁴³, Japan⁴⁴⁴ and members of the European Community⁴⁴⁵ to include Belgium⁴⁴⁶, Denmark⁴⁴⁷, Finland⁴⁴⁸, France⁴⁴⁹, Greece⁴⁵⁰, Ireland⁴⁵¹, Italy⁴⁵², Luxembourg⁴⁵³, The Netherlands⁴⁵⁴, Portugal⁴⁵⁵, Spain⁴⁵⁶ and the United Kingdom⁴⁵⁷.

For a complete discussion of travel seller licensing worldwide see Dickerson, The Licensing And Regulation Of Travel Agents, Tour Operators And Other Travel Sellers In The United States, Canada, Australia, Great Britain, Japan And The Members Of The European Community at http://www.courts.state.ny.us/tandv/Aqtaed1.htm

The New Field Of Travel Law

What's new about Travel Law is the concept of shifting liability between suppliers and sellers of travel based upon an analysis of how specific services are marketed and delivered to the consumer. The focus of Travel Law is upon finding liable and viable defendants in an international and financially uncertain marketing and delivery system. A supplier or tour operator may strand thousands of consumers after becoming insolvent⁴⁵⁸ or otherwise be unavailable⁴⁵⁹ to satisfy a proper claim. The responsible supplier may a foreign entity not subject to the jurisdiction of U.S. Courts, or the responsible entity may be insulated from liability, in whole or in part, because of
(1) foreign law⁴⁶⁰ or the application of unique legal concepts which insulate specific suppliers from liability for some consumer claims, e.g., maritime law⁴⁶¹,
(2) enforceable disclaimers or release⁴⁶²s,
(3) the Warsaw Convention⁴⁶³ and its progeny,
(4) federal statutes limiting the liability of cruise ships⁴⁶⁴,
(5) statutes limiting a hotel's liability⁴⁶⁵ and
(6) domestic tariff systems which limit the liability of carriers⁴⁶⁶.
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Some Examples Of Liability Shifting

1] A tour operator and air carrier may be insolvent and unavailable to satisfy the claims of 2,000 stranded passengers but one or more escrow banks may be liable for failing to properly segregate and manage consumer monies⁴⁶⁷ or a travel agent may be liable for failing to disclose that the tour operator was not licensed to do business in the State⁴⁶⁸.

2] A camel guide, the Cairo Marriott Hotel & Casino and its Egyptian Bell Captain may be beyond the jurisdiction of U.S. Courts and insulated from liability by the application of Egyptian law ( " Koranic law, would be unduly harsh to plaintiff "⁴⁶⁹ ) for the injuries sustained by a hotel guest thrown from an angry camel. However, by recasting the Marriott Honored Guest Program, which provided the injured guest with a " free " Egyptian vacation as a reward for brand loyalty, as a tour operator, the Marriott Corporation may be liable under U.S. law for negligence in tour design⁴⁷⁰.

3] The Costa Rican Marenco Biological Station and its boat Captain may be beyond the jurisdiction of U.S. Courts and insulated from liability by Costa Rican law for the death of a U.S. birdwatcher who drowned during a snorkeling expedition off El De Cano. However, the U.S. based tour operator⁴⁷¹ but not Cornell University⁴⁷², the birdwatching tour's sponsor, may be liable for negligent tour design, failing to deliver a safe snorkeling experience including use of the " buddy system " and failing to select competent providers of snorkeling services.

4] A Mexican railroad may be beyond the jurisdiction of U.S. Courts and its liability limited under Mexican law for the death of a U.S. student who fell under the steel wheels of a party train to Mazatlan. However, the U.S. tour operator⁴⁷³ may be liable for negligent design and failing to reveal to parents the three prior deaths of students on the same party train.

5] A Chinese speedboat company and its driver may be beyond the jurisdiction of local Courts and insulated from liability under Chinese law for the death of a Hong Kong resident killed in a speedboat accident. However, the Hong Kong tour operator may be liable under British law for failing to insure that " speedboats (are) operated by persons of reasonable competence and experience "⁴⁷⁴

6] A Bolivian air carrier may be beyond the jurisdiction of U.S. Courts and otherwise insulated from liability for the cerebral hemorrhage suffered by its passenger when its plane ascended 13,000 feet without functioning depressurization equipment. However, the U.S. based tour operator and travel agent may be liable for failing to warn of the dangers of high altitude flying⁴⁷⁵

7] A hotel⁴⁷⁶ or tour operator⁴⁷⁷ may be responsible for refusing to accommodate the traveler or for delivering inferior or misrepresented accommodations, but the travel agent may be liable for failing to properly investigate the conditions at the hotel⁴⁷⁸ or the track record⁴⁷⁹ of the hotel or tour operator in providing contracted for travel services.

8] A hotel⁴⁸⁰ or cruiseship⁴⁸¹ may be responsible for the tainted food or water which caused the traveler to contract typhoid fever or amebic dysentery, but the travel agent may also be responsible for failing to investigate and discover the high incidence of typhoid fever at the locale⁴⁸², or failing to discover that the cruiseship failed to meet federal health and sanitary codes prior to the cruise⁴⁸³

9] An air carrier may be responsible for the sixty hour flight delay because of improper maintenance, but the tour operator may also be responsible because it failed to investigate⁴⁸⁴ the " on time performance " record of the air carrier, or assumed a duty⁴⁸⁵ to deliver timely air transportation or the travel agent may be responsible for failing to warn of the risks of purchasing charter services⁴⁸⁶ or failing to independently verify⁴⁸⁷ that the air transportation services were contracted for.

10] An air carrier ⁴⁸⁸ may be responsible for failing to properly advise the passenger of the need for a visa but the travel agent⁴⁸⁹ may also be liable for failing to make a proper inquiry to establish the need for a visa.

11] A British bus company may be responsible for an accident killing one passenger and injuring another [ the bus's

" anti- lock braking system was broken, the braking system warning light was broken, the speed limiter had been disconnected, the coach was traveling at an excessive rate of speed, the driver lacked adequate sleep, he was exceeding his driving hour limit and he had never driven the bus before." ]

but the tour operator and travel agent may be liable for failing to inquire into the bus company's safety record and misrepresenting the safety of the tour buses.⁴⁹⁰

12] An Egyptian tour operator may be responsible for a burning Nile cruise boat without life boats or preservers forcing tourists to swim for their lives but a U.S. tour operator⁴⁹¹ may be liable for failing to inspect the boat for safety equipment and for inducing passengers to " sit back and relax with the peace of mind that only TWA Getaway Egypt vacations can offer ".

13] A Kenyan air carrier may be responsible for the death of several tourists killed during a crash into a Kenyan mountain but the tour operator⁴⁹², under Kenyan law, is liable for the negligence of the air carrier.

14] An Airtran, formerly ValuJet, aircraft may be responsible for the fractured bone in a passenger's neck because its crew decided to fly through heavy weather during which a bag fell from an overhead bin onto a passenger's head, but the travel agent or tour operator may be liable⁴⁹³ for failing to investigate the safety record of the airline and select a safe and appropriate transportation provider.

Modern Theories Of Liability

The most difficult travel law cases are those involving physical injuries suffered abroad because of the negligence or wilful misconduct of foreign travel suppliers. Here are six, particularly, egregious examples.

1] A foreign tour bus company provides tourists with an unsafe tour bus driven by unlicenced and uninsured driver⁴⁹⁴ which is involved in an accident;
2] An Egyptian tour operator provides an unsafe Nile cruise boat that not only burns to the water line but is abandoned by its Captain and crew leaving the passengers to save themselves⁴⁹⁵;
3] A tour operator provides an unsafe balloon ride in Cave Creek, Arizona that crashes and burns two of its passengers to death⁴⁹⁶;
4] A Mexican tour operator provides an unsafe helicopter ride for cruise passengers which crashes into the ocean drowning all aboard because the pilot failed to fill the fuel tank⁴⁹⁷;
5] An Australian dive boat Captain strands two U.S. divers on the Great Barrier Reef who then drown or are eaten by sharks⁴⁹⁸.
6] Greek doctors in Athens commit medical malpractice in replacing hip of tourist who fell and fractured her right hip at Delphi in Greece⁴⁹⁹.

Generally, U.S. based tour operators may, in the absence of their own negligence, disclaim liability for a traveler's injuries caused by a foreign supplier⁵⁰⁰. This general rule may be circumvented under appropriate circumstances by using one or more of these theories of liability⁵⁰¹.

1] Breach Of Warranty Of Safety. If the supplier or tour operator promises that a particular travel service will be delivered in a safe manner then it may be held liable for the breach of a warranty of safety. Some Courts have found promises such as " safe and enjoyable cycling area⁵⁰² ", " suitable for handicapped individuals⁵⁰³ ", " sit back and relax with the peace of mind that only TWA Getaway Egypt vacations can offer "⁵⁰⁴, " perfectly safe⁵⁰⁵ " canoeing conditions, " safe " tour⁵⁰⁶, " safe buses⁵⁰⁷ " and " versatility and safety in the hands of Society's ' highly-skilled boatmen⁵⁰⁸ '" to be actionable while others have not⁵⁰⁹.

2] Negligent Supervision. An escorted tour implies supervision by qualified and competent personnel. Tour operators may explicitly promise that " every tour will be escorted by a qualified tour director...carefully selected and trained... informative, they know precisely what you will be seeing and doing..."⁵¹⁰. Some Courts have recognized a cause of action for negligent supervision, negligent selection and misrepresentation of training and experience may be asserted against a tour operator⁵¹¹ while other Courts have not.

3] Assumed Ownership And Control. Some Courts have found that the use of possessive language such as " our " to describe the travel services delivered by others generates liability for the misconduct of others⁵¹² while other Courts have not⁵¹³.

4] Negligent Selection Of Suppliers. Tour operators should investigate a supplier's reliability, financial solvency⁵¹⁴, prior accident and safety history⁵¹⁵, the existence of insurance and compliance with all applicable licensing⁵¹⁶ and safety regulations⁵¹⁷ and select a safe highway for a bike tour⁵¹⁸. Some Courts have found that a failure to do so may generate liability for the negligent selection of suppliers while other Courts have not⁵¹⁹.

5] Negligent Exposure To Risk. Tour operators should design their tours with safety as a major consideration. Some Courts have found that a failure to do so may generate liability for negligent exposure to risk⁵²⁰ while other Courts have not⁵²¹.

6] Recasting The Marketing Role Of Defendants. A careful analysis of how a particular travel service was marketed and delivered may allow plaintiff's counsel to recast defendants into marketing entities within the jurisdiction of U.S. Courts and subject to greater liability. Co-operating air carriers⁵²² and hotels may, under appropriate circumstances, be recast as tour operators.

7] Assumed Duties. Some Courts but not all⁵²³ have found travel suppliers, tour operators and travel agents that assume a duty, not otherwise required at law, to " examine...every cruise ship on site "⁵²⁴, " to handle only the large baggage "⁵²⁵, to lead a tour participant safely across a tarmac⁵²⁶ or a stream in the Canadian Rockies⁵²⁷, on a tour bus, liable for traveler injuries when they fail to perform such an assumed duty in a non-negligent manner.
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Special Damages In Travel Cases

Damages in physical injury cases will depend upon the nature of the injury and the application of foreign law, state law, maritime law, the Warsaw Convention or the Death on the High Seas Act. In non-physical injury cases the recoverable damages should include the value of those elements of the vacation not delivered. The Courts are also receptive to awarding damages to compensate the traveler for annoyance, discomfort and harassment. Some courts have awarded special damages for the " loss of what was to have been a pleasant week "⁵²⁸, or loss of " a refreshing, memorable vacation "⁵²⁹, or " intangible pleasure of a 24 hour vacation day "⁵³⁰, loss of a planned vacation⁵³¹ and for emotional distress⁵³².

Travel Class Actions And Coupon Settlements

In the United States both state⁵³³ and federal⁵³⁴ courts have procedures permitting the aggregation of similar claims into a class action where the named plaintiff prosecutes a claim on behalf of hundreds or thousands of absent class members. Australia⁵³⁵ and the Canadian Provinces of Quebec⁵³⁶, Ontario⁵³⁷ and British Columbia⁵³⁸ have class action procedures similar to those in the United States.

Broad Spectrum Of Claims

Travel class actions have been brought against

A. Airlines for
(1) physical injuries [ passengers in economy class claim damages for swelling of legs due to cramped seating⁵³⁹, 60,000 flight attendants injured from second hand smoke in passenger cabins⁵⁴⁰ ],
(2) flight delays [ 8,000 passengers delayed and many stranded for 8 hours in aircraft waiting on runways during snowstorm⁵⁴¹ ],
(3) cancellations [ 2,000 passengers stranded when tour operator goes out of business⁵⁴² ],
(4) overbooking⁵⁴³,
(5) discrimination⁵⁴⁴,
(6) misrepresented cargo rates⁵⁴⁵,
(7) misrepresenting an air carrier's liability for lost jewelry⁵⁴⁶ and lost baggage claim filing requirements⁵⁴⁷,
(8) price fixing [ nine domestic airlines fix prices for air transportation between city pairs by signaling price changes on CRS⁵⁴⁸, three airlines conspire to fix and stabilize prices on North Atlantic routes⁵⁴⁹, airlines fix travel agent commissions for one way and round trip tickets⁵⁵⁰ ],
(9) price overcharges [ consumers challenge airline's 25% cancellation fee⁵⁵¹, nonrefundable tickets⁵⁵², surcharges to replace lost tickets⁵⁵³, reissue fees⁵⁵⁴ and higher fares caused by the hub and spoke system⁵⁵⁵ ],
(10) improper collection of taxes [ airline collects federal excise tax from passengers during period when taxes were not authorized by Congress⁵⁵⁶ ],
(11) imposing unreasonable penalties for replacing lost tickets⁵⁵⁷,
(12) mismanaging consumer funds for the payment of charter tours⁵⁵⁸,
(13) failing to deliver advertised itineraries and hotel accommodations⁵⁵⁹ and
(14) failing to refund cost of unused nonrefundable tickets⁵⁶⁰.

B. Cruiseships for
(1) physical injuries [ contaminated food and water⁵⁶¹, vomiting and diarrhea⁵⁶², Legionnaires' disease⁵⁶³, sailing into Hurricane Eduardo⁵⁶⁴, respiratory attacks⁵⁶⁵ ],
(2) delays, port-skipping and itinerary changes⁵⁶⁶,
(3) discomfort aboard ship [ QEII sailed before major refitting work on cabins and other facilities was completed⁵⁶⁷, malfunctioning toilet flushing systems⁵⁶⁸, breakdown of air conditioning system and lack of fresh water⁵⁶⁹ ],
(4) misrepresentations [ capability of ship to meet scheduled itinerary⁵⁷⁰, availability of promised services, facilities and activities aboard ship⁵⁷¹ ],
(5) deceptive port charges [ " The gravamen of plaintiff's complaint is that...each passenger is required to pay an amount referred to as a ' port and handling charge '...often exceeds $150 per passenger...Cunard intentionally misleads passengers into believing that these port charges are paid to port authorities...Cunard does not disclose that only a small percentage of the separate port charge is actually turned over to port authorities...the substantial balance is pocketed by Cunard "⁵⁷² ],
(6) lost, damaged or stolen baggage [ baggage loss resulting from fire onboard ship⁵⁷³ ] and (7) bumping [ some passengers " bumped " from QEII⁵⁷⁴ ].

C. Railroads, Buses & Rental Car Companies for
(a) physical injuries⁵⁷⁵,
(b) misrepresenting the nature, sponsorship and licensing of interstate ski tour services⁵⁷⁶, © price overcharges [ rental car company imposed $1.00 surcharge on customers' bills⁵⁷⁷, taxi company uses " fast meters "⁵⁷⁸, unconscionable replacement gasoline charges⁵⁷⁹ ],
(d) age discrimination [ rental car companies refused to rent cars to persons under the age of 25⁵⁸⁰ ],
(e) price fixing [ insurance tie-in and fleet purchase price fixing conspiracy ⁵⁸¹ ],
(f) failure to deliver [ insurance coverage⁵⁸², rental cars as part of package tour⁵⁸³ ].

D. Hotels, Resorts, Condominiums & Time Shares for
(a) physical injuries [ failing skywalks⁵⁸⁴, food poisoning⁵⁸⁵, gastrointestinal disorders⁵⁸⁶, " crater lake crud "⁵⁸⁷ ],
(b) overbooking [ hotels on tours to England and Germany overbooked and consumers sent to inferior hotels⁵⁸⁸ ],
(c) misrepresentations [ of major renovations at hotel and the availability of Glatt Kosher food⁵⁸⁹, of the quality of the services⁵⁹⁰, of the availability of accommodations in Munich, Germany⁵⁹¹, of the availability of numerous free sports activities and proximity to the beach⁵⁹² ],
(d) price overcharging and price fixing [ overcharges for telephone calls⁵⁹³,room rate overcharges⁵⁹⁴, overcharges for out of state residents⁵⁹⁵ ],
(e) time share " bait & switch "⁵⁹⁶ schemes and other frauds⁵⁹⁷ and
(f) failure to return rental monies⁵⁹⁸.

E. Entertainment Suppliers & Vacation Clubs for fraud and misrepresentation [ season ticket holders sue football team that relocates⁵⁹⁹ and for performance failure⁶⁰⁰, season ticket holders sue hockey team that goes out of business⁶⁰¹, season ticket holders sue basketball team when star player is traded⁶⁰², boxing match is misrepresented as a legitimate heavyweight title fight⁶⁰³, tickets to the Rose Bowl are not delivered⁶⁰⁴, campground facilities and services inadequate⁶⁰⁵ ].

F. Tour Operators for
(a) physical injuries [ bus accident⁶⁰⁶, gastrointestinal disorders⁶⁰⁷ ],
(b) flight delays⁶⁰⁸ and cancellations⁶⁰⁹,
(c) hotel " bait & switch " schemes⁶¹⁰,
(d) misrepresentations [ available hotels and itineraries⁶¹¹, Glatt kosher food⁶¹², services, facilities and proximity to the beach⁶¹³ ] and
(e) mismanagement and theft of consumer deposits⁶¹⁴.
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How To Settle Travel Class Actions

At some point after the class action is commenced the parties will, typically, begin settlement discussions. Ideally, the class members should receive compensation of
(a) travel services not delivered,
(b) out of pocket expenses incurred and
(c) the discomfort endured, discounted by the difficulty of proving the case and the ability of plaintiffs and defendants to finance continued litigation.

Cash Settlements Are The Best

When possible travel class actions should be settled with a cash payment to each class member. For example, in Neilan v. Value Vacations, Inc⁶¹⁵ in excess of $1.5 million was tendered by the defendants for distribution to class members who filed claims and the payment of attorneys' fees and costs. The distribution formula⁶¹⁶ provided for various payments depending upon each class members' circumstances. In Charleston-Coad v. Cunard Line Limited cruise passengers were offered cash and credits towards the purchase of a future cruise. And in Irving Trust Company v. Nationwide Leisure Corporation class members were offered specific sums of money for being accommodated at an inferior hotel in London, England or Munich, Germany [ $50.00 ] or having suffered through a flight delay during a snowstorm [ $35.00 ].

Issuing Coupons For The Purchase Of Travel Services

There are occasions when it may be appropriate for the court to approve a non-cash settlement which provides for the distribution of coupons or credits for the purchase of travel services from the defendants⁶¹⁷. For example, In Re Domestic Air Transportation Antitrust Litigation⁶¹⁸ , In re North Atlantic Air Travel Antitrust Litigation, Pickett v. Holland America Line- Westours, Charleston-Coad v. Cunard Line Limited and Geelan v. Pan American World Airways, Inc.⁶¹⁹ class claims were resolved, in whole or in part, with the issuance of coupons or credits for the purchase of future travel services from the defendants.

The reasons for allowing these types of settlements include recovery ofde minimusdamages which would make the cost of distribution of each individual's cash award higher than that individual's claims, and the inability to identify class members. Another reason that may be acceptable to a court is the defendant's inability to afford to pay a cash recovery to the class. In this instance, as a threshold issue, the court should require that the defendant affirmatively establish its financial inability to pay cash. Without such a showing, a non-cash settlement on the grounds of " poverty " should not be approved.

In all cases, non-cash settlements must be carefully examined by the court for adequacy since such settlements are generally worth less to consumers than cash and may benefit the defendant and class attorneys more than they benefit class members. Yet these settlements are justified because they solve manageability problems and require a defendant to disgorge improperly obtained monies.

Transferability

Typically, non-cash settlements such as coupons will require the class member to make a purchase of specific travel services which the consumer may not want. As a result, a settlement that relies on the distribution of coupons should provide that the distributed paper be convertible to cash either by redemption of or allowing them to be transferable to others. In one instance, to assist class members to convert their certificates to cash, the defendants agreed to " establish a clearinghouse for the purpose of helping those certificate holders desiring to find buyers "⁶²⁰. The court approved the settlement stating " that there will be a lively market for certificates ".

A non-cash settlement may be acceptable if the coupons are convertible into cash albeit at a discount⁶²¹. In any event, without a feature allowing the conversion of coupons into cash by making them transferable or otherwise, the court should reject a non-cash settlement.

Redemption Rate

The most attractive feature for defendants of a non-cash coupon settlement is that, for a variety of reasons, not all of the issued coupons will be redeemed and used by class members. In fact, the average redemption rates on food and beverage coupons, have consistently been between 2% and 6%⁶²². In evaluating the merit of a non-cash settlement, the only proper means of measuring true value is by estimating the actual redemption rate of the offered coupon⁶²³. Unfortunately, in approving non-cash settlements most courts have neglected to require post settlement tracking of how many class members actually redeem the coupons. In one of the few cases for which this data was available, the claim rate was only 0.54%⁶²⁴, and the subsequent coupon redemption rate was even lower. Such a low redemption rate makes a mockery of the concept that class members should receive value for settling their claims. This is especially true when class attorneys are paid in cash while the class receives coupons of dubious value.

To prevent this emasculation of the settlement concept the court should require that there be a 100% redemption of the offered coupons. This means not only that the coupons must be transferable and cash convertible, but the defendant must continue to issue coupons until the agreed upon cash face value of the settlement is reached⁶²⁵.

Time Of Redemption

The time of redemption is an important factor in measuring the actual value of coupons⁶²⁶. If the retailer is aware that the consumer intends to use a coupon he may increase the sale price to compensate for the reduced payment. This potential problem was circumvented in Branch v. Crabtree⁶²⁷, a consumer class action alleging misrepresentations in the sale of Hyundai motor vehicles. A proposed settlement provided for the issuance of $1,000 certificates towards the purchase of a new or used car. The certificates could be withheld by the consumer until he or she had negotiated the best price. At that point the certificate could be produced for a further reduction in the vehicle price.

The Problem Of Attorneys Fees

Non-cash settlements must be carefully reviewed by the courts, not the least reason being that there is an opportunity for substantial self-dealing on the part of class counsel. Considering the low redemption rate of coupon settlements, defendants may be willing to pay inordinately high cash fees to class counsel in return for support in promoting a non-cash settlement in which the class receives near worthless coupons⁶²⁸. Certainly, fee awards should not be based on a percentage of an estimated settlement value which itself is based upon an estimated redemption rate⁶²⁹. To prevent this opportunity for abuse, the court should require that class counsel accept all or a substantial portion of his fee in the same non-cash consideration being offered in settlement⁶³⁰ or fees should be based upon the actual recovery to the class. The rationale for requiring class counsel to share and share alike with class members is that this ensures value for the non-cash component on the theory that class counsel would not accept as a fee something that is relatively worthless.

For a complete discussion of travel class actions see Dickerson, Travel Law⁶³¹, Chapter 6 and Dickerson, Class Actions: The Law of 50 States⁶³².

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FOOTNOTES

¹ Thomas A. Dickerson is a Westchester County Court Judge, New York, Web Page at http://members.aol.com/judgetad/index.html. Judge Dickerson is the author of Travel Law, Law Journal Press, New York, 1981-2000, updated biannually, Web Page at http://members.aol.com/travellaw/index.html; Class Actions: The Law of 50 States, Law Journal Press, New York, 1988-2000, updated annually, Web Page at http://members.aol.com/class50/index.html; and over 170 consumer law articles, many of which are available athttp://courts.state.ny.us/tandv.html.

² Travel Law, Law Journal Press, New York, 1981-2000, updated biannually, Web Page http://members.aol.com/travellaw/index.html

³ See http://courts.state.ny.us/tandv.html

⁴ Gradagno v. Diamond Tours & Travel, Inc., 89 Misc. 2d 697, 392 N.Y.S. 2d 783 ( 1976 )( class certification granted ); New York Law Journal, May 13, 1977, p. 1 ( partial summary judgment for class ).

⁵ See Irving Trust Company v. Nationwide Leisure Corp., 95 F.R.D. 51 ( S.D.N.Y. 1982 )( class of 2,000 travelers certified ); 562 F. Supp. 960 ( S.D.N.Y. 1982 )( common law disclaimers void ); Reiken v. Nationwide Leisure Corp., 75 A.D. 2d 551, 427 N.Y.S. 2d 235 ( 1980 ), appeal dismissed 50 N.Y. 2d 1059 ( 1980 )( pre class certification discovery ).

⁶ See Greeley v. KLM Royal Dutch Airlines, 85 F.R.D. 697 ( S.D.N.Y. 1980 )( certification denied ).

⁷ See Spatz v. Wide World Travel Services, Inc., 80 A.D. 2d 591, 435 N.Y.S. 2d 605 ( 1981 )( misrepresented hotel facilities ); Smith v. Atlas International Tours, 80 A.D. 2d 762, 436 N.Y.S. 2d 722 ( 1981 )( misrepresentations regarding " major renovations " at hotel ).

⁸ See Neilan v. Value Vacations, Inc., 605 F. Supp. 1227 ( S.D.N.Y. 1985 )( class of 8,000 travelers certified ); 116 F.R.D. 431 ( S.D.N.Y. 1987 )( partial summary judgment against escrow bank for mismanagement ); In Re Arrow Air, Inc., 85 Bankr. Rep. 886 ( S.D. Fla. 1988 )( global settlement approved ); McCafferty v. Lindblad Travel, Inc., 90 Civ. 1946 (PNL) January 19, 1994 ( " The complaint alleges...that Lindblad negligently continued to accept client money when unable to deliver the travel arrangements being purchased, negligently misrepresented the firm's finances..." ).

⁹ See Sachs v. Book-of-the-Month Club, Inc., Index No. 00140/91 ( N.Y. Sup. 1991 )( tour of historic sites sponsored by book club not delivered ).

¹⁰ See Kantor v. Kahn, 463 F. Supp. 1160 ( S.D.N.Y. 1979 ); Luria v. Aeronautics Board, 473 F. Supp. 242 ( S.D.N.Y. 1979 ).

¹¹ See Yollin v. Holland America Cruises, Inc., 97 A.D. 2d 720, 468 N.Y.S. 2d 873 ( 1980 )( cruise contract time limits for filing claims tolled by commencement of class action ).

¹² . See Klakis v. Nationwide Leisure Corp., 73 A.D. 2d 521, 422 N.Y.S. 2d 407 ( 1979 )( flight delay of 2 ½ days ); Sporn v. Metro International Airways, Inc., 17 CCH Aviation Cases 18,207 ( N.Y. Sup. 1983 )( 3 hour flight delay ).

¹³ See Geelan v. Pan American World Airways, Inc., 15 CCH Aviation Cases 18,356 ( N.Y. Sup. 1980 ), aff'd 83 A.D. 2d 538, 441 N.Y.S. 2d 474 ( 1981 )( class of 2,000 stranded consumers certified ).

¹⁴ See In re Rail Collision Near Chase, Maryland on January 4, 1987 Litigation, 661 F. Supp. 69 ( J.M.D.L. 1987 ).

¹⁵ See Shomberg v. Club Med, Inc., New York Law Journal, June 1, 1978, p. 10, col. 2 ( N.Y. Sup. 1978 )( bus crash at Club Med; certification denied ).

¹⁶ See Dorin v. Club Med Inc., Index No: 4777/82 ( N.Y. Sup. 1982 )( traveler contracts typhoid fever while at Club Med resort in Haiti ).

¹⁷ See Vanover v. Skystar International, 86 Civ. 1168 ( S.D.N.Y. 1986 )( 3 hour delay during which passengers subjected to 120 degree temperatures inside plane and not permitted to disembark ).

¹⁸ See MacLachlin v. Marriott Corp., New York Law Journal, January 18, 1994, p. 29, col. 1 ( N.Y. Sup. )( tourist suffers eight broken ribs and fractured pelvis after being thrown from camel on tour to the pyramids in Egypt; motion to dismiss on the grounds offorum non conveniensdenied; choice of law issues ).

¹⁹ See Valad v. Club Mediterranee, S.A., 84 CIV. 1980 (LBS) (S.D.N.Y.)( Club Med guest thrown from horse; failure to give proper horse riding instructions ).

²⁰ See Mayer v. Cornell University, 909 F. Supp. 81 ( N.D.N.Y. 1995 ), aff'd 107 F. 3d 3 ( 2d Cir. 1997 ), cert. denied 118 S. Ct. 68 ( 1997 )( bird watcher drowns during snorkeling expedition; judgment for defendants ).

²¹ See Pollock v. Hyatt Hotels of Puerto Rico, 85 CIV. 5564 (EW)( S.D.N.Y. ).

²² See Smith v. Atlas International Tours, 80 A.D. 2d 762, 436 N.Y.S. 2d 722 ( 1981 ).

²³ See Hirstreet v. Rozelle, 16 CCH Aviation Cases 18,259 ( N.Y. Sup. 1978 ).

²⁴ See Marcus v. Zenith Travel, Inc., New York Law Journal, November 19, 1990, p. 25, col. 3 ( N.Y. Sup. 1990 ), aff'd 179 A.D. 2d 372, 577 N.Y.S. 2d 820 ( 1991 ).

²⁵ See In Re Domestic Air Transportation Antitrust Litigation, 137 F.R.D. 677 ( N.D. Ga. 1991 ( 9 domestic airlines fix prices of air transportation between city pairs by signaling price changes on computer reservations system; class certification granted ); 144 F.R.D. 421 ( N.D. Ga. 1992 )( objectors to proposed settlement granted limited discovery ); 148 F.R.D. 297 ( N.D. Ga. 1993 )( settlement approved ).

²⁶ Dickerson, Travel Law, Law Journal Press, New York, 1981- 2000, Web Page http://members.aol.com/travellaw/index.html

²⁷ See http://courts.state.ny.us/tandv/legalart.html

²⁸ See http://courts.state.ny.us/tandv/tadarttt.html

²⁹ See http://courts.state.ny.us/tandv.html

³⁰ See http://northumbria.ac.uk/sd/academic/law/lsu/

³¹ See http://www.nova.edu

³² Seehttp://dbs.tay.ac.uk/iftta/

³³ Udell v. Hamburg-American Line, 141 Misc. 754, 253 N.Y.S. 209, aff'd 255 N.Y.S. 1011 ( 1931 )( liability of steamship company for loss of passenger's fur coat is that of an innkeeper ).

Contra:

Second Circuit: York v. Commodore Cruise Line, 1994 WL 511581 ( S.D.N.Y. 1994 )( passenger sexually assaulted by crew members; cruise ships are not floating hotels; no negligence for doors having locks with easy access from outside; policy of rescuing passengers outweighs increased security ).

³⁴ Navin, Stalking Sexual Predators a Sea: The response of the cruise industry to sexual assaults onboard, 1999 International Travel Law Journal, at p. 193.

³⁵ Bergonzine v. Maui Classic Charters, 1995 American Maritime Cases 2628 ( D. Hawaii. 1995 ).

³⁶ Rainey v. Paquet Cruises, Inc., 709 F. 2d 169 ( 2d Cir. 1983 ).

³⁷ Lee v. Regal Cruises, Ltd., 1999 WL 87466 ( S.D.N.Y. 1996 ).

³⁸ Kunken v. Celebrity Cruises, Inc., 1999 WL 1140868 ( S.D.N.Y. 1999 ).

³⁹ Carron v. Holland America Line-Westours, Inc., 51 F. Supp. 2d 322 ( E.D.N.Y. 1999 ).

⁴⁰ Brown v. New Commodore Cruise Line Limited, 2000 WL 45443 ( S.D.N.Y. 2000 ).

⁴¹ McDonough v. Celebrity Cruises, Inc., 1999 WL 680453 ( S.D.N.Y. 1999 ).

⁴² Catalan v. Carnival Cruise Lines, Inc., 1985 American Maritime Cases 1929 ( D. Md. 1984 ).

⁴³ Fay v. Oceanic Sun Line, 1985 American Maritime Cases 1132 ( N.Y. Sup. 1984 ).

⁴⁴ Berman v. Royal Cruise Line, Ltd., 1995 American Maritime Cases 1926 ( Cal. Sup. 1995).

⁴⁵ In re Horizon Cruises Litigation, 2000 U.S. Dist. LEXIS 7246 ( S.D.N.Y. 2000 ).

⁴⁶ Freeman v. Celebrity Cruises, Inc., 1994 WL 689809 ( S.D.N.Y. 1994 ).

⁴⁷ Petitt v. Celebrity Cruises, Inc., 1999 U.S. Dist. LEXIS 9403 ( S.D.N.Y. 1999 ) .

⁴⁸ Mullen v. Treasure Chest Casino. LLC, 186 F. 3d 620 ( 5th Cir. 1999 ).

⁴⁹ See N. 32, supra, at pp. 196-197 [ Carnival Cruise Line admitted in Jane Doe v. Carnival Corporation, Case No. 98-21008 CA, Miami-Dade Circuit Court,

" reported incidents, twenty-two were alleged rapes, sixteen against passengers. Twenty- eight...were described only as a kiss, with the remainder consisting of minor advances...those who complained 93 were passengers and 15 crew members " ].

⁵⁰ Morton v. De Oliviera, 984 F. 2d 289 ( 9th Cir. 1993 ).

⁵¹ John v. Commodore Cruise Lines Ltd., 1995 WL 441982 ( S.D.N.Y. 1995 ).

⁵² York v. Commodore Cruise Lines, 1995 American Maritime Cases 399 ( S.D.N.Y. 1994 ).

⁵³ Corna v. American Hawaii Cruises, Inc., 1992 American Maritime Cases 1797 ( D. Hawaii 1992 ).

⁵⁴ Colavito v. Carnival Cruise Lines, Inc., 1983 American Maritime Cases 1378 ( S.D. Tex. 1981 ).

⁵⁵ Johnson v. Commodore Cruise Lines, 1996 American Maritime Cases 666 ( S.D.N.Y. 1995 ).

⁵⁶ Gillmore v. Caribbean Cruise Line, 789 F. Supp. 488 ( D.P.R. 1992 ).

⁵⁷ Hernandez v. The Motor Vessel Skyward, 61 F.R.D. 558 ( S.D. Fla. 1973 ), aff'd 502 F. 2d 1278 ( 5th Cir. 1975 ).

⁵⁸ Barbachym v. Costa Line, 713 F. 2d 216 ( 6th Cir. 1983 ).

⁵⁹ Williams v. Carnival Cruise Line, 907 F. Supp. 403 ( S.D. Fla. 1995 ).

⁶⁰ Bailey v. Carnival Cruise Lines, Inc., 1985 American Maritime Cases 836 ( Fla. App. 1984 ).

⁶¹ Warren v. Ajax Navigation Corp., 1995 American Maritime Cases 2609 ( S.D. Fla. 1995).

⁶² Kornberg v. Carnival Cruise Lines, 741 F. 2d 1332 ( 11th Cir. 1984 ).

⁶³ Slade v. Cheung & Risser Enterprises, Inc., 10 Pa. D. & C. 3d 627 ( Pa. C. P. 1979 ).

⁶⁴ Harden v. American Airlines, 1998 WL 260251 ( M.D. Ala. 1998 ).

See also:
Second Circuit: Bernstein v. Cunard Line. Ltd., 19 CCH Aviation Cases 17,485 ( S.D.N.Y. 1985) ( snowstorm delays air transportation to port of cruise departure ).

⁶⁵ Mainzer v. Royal Olympic Cruises, Ltd, 177 Misc. 2d 553, 677 N.Y.S. 2d 668 ( 1998 ).

See also:
Second Circuit: Ames v. Celebrity Cruises, Inc., 1998 WL 427694 ( S.D.N.Y. 1998 )( one piece of baggage missing for most of cruise ).

Seventh Circuit: Cada v. Costa Lines, Inc., 1984 American Maritime Cases 1491 ( N.D. Ill. 1984) ( baggage destroyed during fire on cruise vessel ).

⁶⁶ Casper v. Cunard Line, Ltd., 560 F. Supp. 240 ( E.D. Pa. 1983 ).

See also:
Second Circuit: Desmond v. Holland American Cruises, N.V., 1981 American Maritime Cases 211 ( S.D.N.Y. 1981 ).

Fourth Circuit: Whitman v. Traveltips, Inc., 1982 American Maritime Cases 429 ( W.D. Va. 1981 ).

State Courts:
New York: Yollin v. Holland American Cruises, Inc., 97 A.D. 2d 729, 468 N.Y.S. 2d 873 ( 1983 )( Bermuda skipped ).

⁶⁷ Bloom v. Cunard Line, Ltd., 76 A.D. 2d 237, 430 N.Y.S. 2d 607 ( 1980 ).

⁶⁸ Boyles v. Cunard Line Ltd., 1994 American Maritime Cases 1631 ( S.D.N.Y. 1994 ).

⁶⁹ Vallery v. Bermuda Star Line, 141 Misc. 2d 395, 532 N.Y.S. 2d 965 ( N.Y. Sup. 1988 ).

See also:
Second Circuit: Ames v. Celebrity Cruises, Inc., 1998 WL 427694 ( S.D.N.Y. 1998 )( passengers induced to buy Deluxe Suite when only Standard Cabins were available ).

⁷⁰ Gelfand v. Action Travel Center, Inc., 55 Ohio App. 3d 193, 563 N .E. 2d 317 ( 1988 ).

⁷¹ Bergonzine v. Maui Classic Charters, 1995 American Maritime Cases 2628 ( D. Hawaii 1995 ).

⁷² Deck v. American Hawaii Cruises, Inc., 51 F. Supp. 2d 1057 ( D. Hawaii. 1999 ).

⁷³ Briefer v. Carnival Corp., 1999 U.S. Dist. LEXIS 21256 ( D. Az. 1999 ).

⁷⁴ Charleston-Coad v. Cunard Line Ltd., Index No. 95 Civ. 1325 (HB)(S.D.N.Y.).

⁷⁵ Simon v. Cunard Line, Ltd., 75 A.D. 2d 283, 428 N.Y.S. 2d 952 ( 1980 ).

⁷⁶ Latman v. Costa Cruise Lines, 2000 Fla. App. LEXIS 915 ( Fla. App. 2000 ).

⁷⁷ Renaissance Cruises, Inc. v. Glassman, 738 So. 2d 436 ( Fla. App. 1999 ).

⁷⁸ Premier Cruise Lines, Ltd. V. Picaut, 746 So. 2d 1132 ( Fla. App. 1999 ).

⁷⁹ Cronin v. Cunard Line Limited, Index No. 115899/96, Decision March 29, 1997 ( N.Y. Sup. )( complaint dismissed for failing to commence lawsuit within 6 month time limitation in cruise contract ), aff'd 672 N.Y.S. 2d 864 ( N.Y. App. Div. 1998 ).

See also:

Florida: Koenig v. Ulysses Cruises, Inc., Case No. 96-3450- CA-03, Decision March 8, 1999 ( Fla. Cir. Ct., 11th Circuit, Dade County )( class certification denied in deceptive port charges class action ).

Washington: Picket v. Holland America Line-Westours, Inc., No. 39791-51, Decision February 20, 1997 ( Wash. App. )( class action alleging port charges are deceptive and violate Washington consumer protection statute not governed by maritime law and not time barred ).

⁸⁰ Wade, Practical Traveler, Coping With Canceled Flights, N.Y. Times Travel Section, June 25, 2000, p. 4.

⁸¹ Obuzor v. Sabena Belgian World Airlines, 1999 WL 223162 ( S.D.N.Y. 1999 ).

⁸² Pakistan Arts v. Pakistan International Airlines, 232 A.D. 2d 29, 660 N.Y.S. 2d 741 ( 1997 ).

⁸³ In Re Arrow Air, Inc., 85 Bankr. 886 ( Bankr. S.D. Fla. 1988 ).

⁸⁴ Daniel v. Virgin Atlantic Limited, 59 F. Supp. 2d 986 ( N.D. Cal. 1998 ).

⁸⁵ Arkin v. Trans International Airlines, 20 CCH Aviation Cases 17,835 ( 2d Cir. 1987 ).

⁸⁶ Burke v. Air France, 21 CCH Aviation Cases 18,170 ( D.P.R. 1988 ).

⁸⁷ In re Eastern Airlines, Inc. Engine Failure in Miami International Airport on May 5, 1983, 629 F. Supp. 307 ( S.D. Fla. 1986 ).

⁸⁸ DeVera v. Japan Airlines, 24 CCH Aviation Cases 18,317 ( S.D.N.Y. 1994 ).

⁸⁹ Johnson v. Northwest Orient Airlines, 17 CCH Aviation Cases 17,220 ( Mont. Sup. 1982).

⁹⁰ Klakis v. Nationwide Leisure Corp., 73 A.D. 2d 521, 422 N.Y.S. 2d 407 ( 1979 ).

⁹¹ Robinson v. American Airlines, New York Law Journal, June 19, 1995, p. 33, col. 5 ( White Plains City Ct. 1995 ).

⁹² Prechtl v. Travel House of Garden City, 17 CCH Aviation Cases 17,182 ( N.Y. Civ. 1980), mod'd 17 CCH Aviation Cases 17,183 ( N.Y. App. Term. 1981 ).

⁹³ Shah v. Pan American World Services, Inc., 148 F. 3d 84 ( 2d Cir. 1998 ).

⁹⁴ In re Air Disaster at Lockerbie, 24 CCH Aviation Cases 18,252 ( 2d Cir. 1994 ).

⁹⁵ In re Flight Explosion on TQA Aircraft, 23 CCH Aviation Cases 18,048 ( E.D.N.Y. 1991 ).

⁹⁶ Mohideen v. American Airlines, Inc., 27 CCH Aviation Cases 17,242 ( S.D.N.Y. 1999 ).

⁹⁷ Bayne v. Adventure Tours USA, 24 CCH Aviation Cases 18,004 ( N.D. Tex. 1994 ).

⁹⁸ Curley v. AMR Corp., 846 F. Supp. 280 ( S.D.N.Y. 1994 ), aff'd 153 F. 3d 5 ( 2d Cir. 1997).

⁹⁹ Rombom v. United Air Lines, 867 F. Supp. 214 ( S.D.N.Y. 1994 ).

¹⁰⁰ Uwagbai v. Alitalia Airlines, 24 CCH Aviation Cases 17,811 ( D. Mass. 1994 ).

¹⁰¹ Singh v. Tarom Romanian Air Transport, 88 F. Supp. 2d 62 ( E.D.N.Y. 2000 ).

¹⁰² Donkor v. British Airways, Corp., 62 F. Supp. 2d 963 ( E.D.N.Y. 1999 ).

¹⁰³ Macintosh v. Interface Group, 1999 Mass. Super. LEXIS 3 ( Mass. Super. 1999 ).

¹⁰⁴ Newman v. American Airlines, Inc., 1999 WL 261560 ( 9^th Cir. 1999 ).

¹⁰⁵ Brandt v. American Airlines, 2000 U.S. Dist. LEXIS 3164 ( N.D. Cal. 2000 ).

¹⁰⁶ Rivera v. Delta Air Lines, Inc., 26 CCH Aviation Cases 15,129 ( E.D. Pa. 1997 ).

¹⁰⁷ Chukwu v. British Airways, 1995 WL 379405 ( D. Mass. 1995 ).

¹⁰⁸ Glavey v. Aer Lingus, 1999 U.S. Dist. LEXIS 10498 ( S.D.N.Y. 1999 ).

¹⁰⁹ Lathigra v. British Airways, 41 F. 3d 535 ( 9th Cir. 1994 ).

¹¹⁰ El-Menshawy v. Egypt Air, 276 N.J. Super. 121, 647 A. 2d 49 ( 1994 ).

¹¹¹ Burnap v. Tribeca Travel, 21 CCH Aviation Cases 17,321 ( N.Y. Civ. 1988 ).

¹¹² Mohideen v. American Airlines, Inc., 27 CCH Aviation Cases 17,242 ( S.D.N.Y. 1999 ).

¹¹³ Owolabi v. Air France, 2000 U.S. Dist. LEXIS 3208 ( S.D.N.Y. 2000 ).

¹¹⁴ Quinn v. National Railroad Passenger Corp., 1999 U.S. Dist. LEXIS 12907 ( N.D. Ill. 1999 ).

¹¹⁵ Pearson v. Lake Forest Country Day School, 262 Ill. App. 3d 228, 199 Ill. Dec. 324, 633 N.E. 2d 1315 ( 1994 ).

¹¹⁶ Minhas v. Biman Bangladesh Airlines, 1999 U.S. Dist. LEXIS 9849 ( S.D.N.Y. 1999 ).

¹¹⁷ Lopez v. Eastern Airlines, Inc., 677 F. Supp. 181 ( S.D.N.Y. 1988 ).

¹¹⁸ Guerrero v. American Airlines, Inc., 26 CCH Aviation Cases 15,624 ( S.D.N.Y. 1998 ).

¹¹⁹ Hermano v. United Airlines, 1999 U.S. Dist. LEXIS 19808 ( N.D. Cal. 1999 ).

¹²⁰ Huggar v. Northwest Airlines, Inc., 1999 U.S. Dist. LEXIS 1026 ( N.D. Ill. 1999 ).

¹²¹ Schaeffer v. Cavallero, 54 F. Supp. 2d 350 ( S.D.N.Y. 1999 ).

¹²² Rombom v. United Air Lines, Inc., 867 F. Supp. 214 ( S.D.N.Y. 1994 ).

¹²³ Owolabi v. Air France, 2000 U.S. Dist. LEXIS 3208 ( S.D.N.Y. 2000 ).

¹²⁴ Shupe v. American Airlines, Inc., 24 CCH Aviation Cases 18,391 ( Tex. App. 1995 ).

¹²⁵ Lewis v. Continental Airlines, Inc., 40 F. Supp. 2d 406 ( S.D. Tex. 1999 ).

¹²⁶ Siben v. American Airlines, Inc., 913 F. Supp. 271 ( S.D.N.Y. 1996 ).

¹²⁷ Carro v. Parente World Travel Center, 23 CCH Aviation Cases 18,345 ( N.D. Ohio 1991).

¹²⁸ Jamil v. Kuwait Airways Corp., 772 F. Supp. 482 ( D.D.C. ).

¹²⁹ Daniel v. Virgin Atlantic Airways Limited, 59 F. Supp. 2d 986 ( N.D. Cal. 1998 ).

¹³⁰ Ragonese v. Rosenfeld, 318 N.J. Super. 63, 722 A. 2d 991 ( 1998 ).

¹³¹ Romero v. American Airlines, Inc., 194 F. 3d 288 ( 1^st Cir. 1999 ).

¹³² Peralta v. Continental Airlines, Inc., 1999 WL 193393 ( N.D. Cal. 1999 ).

¹³³ See Consumer Alert, Conde Nast Traveler, March 2000, p. 94

[ " Ombudsman is getting more and more letters from frustrated readers who were enticed into a ' travel deal ' on the Web and then left empty handed because their tickets never arrived or the company they had paid disappeared without a trace " ];

Hidden Fees Take Bite Out of Online Savings, Consumer Reports Travel Letter, February 2000, p. l

[ " Found a cheap ticket online? Beware of hidden fees that could take a bite out of those savings. Service fees for processing bookings, delivering tickets, and making changes are driving up the cost of booking airline tickets online...Our research found that fees can add as much as 85 percent to the ' advertised price '. And they're hard to avoid because online discounters don't always disclose–or plainly display–these charges on their web sites " ].

See also: Dickerson, The Internet, The " Solicitation Plus " Doctrine And Jurisdiction Over Foreign Hotel and Other Travel Suppliers, International Travel Law Journal, 1999; Web Site [ http://courts.state.ny.us/tandv/CLASSACTIONArticle99.htm ]

¹³⁴ Slade v. Cheung and Risser Enterprises, Inc., 10 Pa. D. & C. 3d 627 ( Pa. C.P. 1979 ).

¹³⁵ Reservations Desk v. ALIA, 21 CCH Aviation Cases 17,529 ( N.D. Tex. 1988 ).

¹³⁶ Carro v. Parente World Travel Center, 23 CCH Aviation Cases 18,345 ( N.D. Ohio 1991).

¹³⁷ Lathigra v. British Airways, 23 CCH Aviation Cases 18,284 ( W.D. Wash. 1994 ).

¹³⁸ Rosen v. DePorter-Butterworth Tours, Inc., 62 Ill. App. 3d 762, 379 N.E. 2d 407 ( 1978 ).

¹³⁹ Van Rossem v. Penney Travel Service, Inc., 128 Misc. 2d 50, 488 N.Y.S. 2d 595 ( 1985).

¹⁴⁰ Zobler v. Windward Travel Center, 42 Pa. D. & C. 3d 119 ( Pa. C.P. 1986 ).

¹⁴¹ Fuller v. Healey Transportation, Ltd., 22 O.R. 2d 118 ( Ontario, Canada, 1978 ).

¹⁴² Bucholtz v. Sirotkin Travel Service, Ltd., 74 Misc. 2d 180, 343 N.Y.S. 2d 438, aff'd 80 Misc. 2d 333, 363 N.Y.S. 2d 415 ( 1974 ).

¹⁴³ Bhattal v. Grand Hyatt-New York, 563 F. Supp. 277 ( S.D.N.Y. 1983 ).

¹⁴⁴ Prechtl v. Travel House of Garden City, 17 CCH Aviation Cases 17,182 ( N.Y. Civ. 1980 ), mod'd 17 CCH Aviation Cases 17,183 ( N.Y. App. Term. 1981 ).

¹⁴⁵ Trip Tours, Ltd. v. Zamani, 22 CCH Aviation Cases 17,425 ( N.Y. Civ. 1988 ).

¹⁴⁶ Touhey v. Trans National Travel, 47 Pa. D. & C. 3d 250 ( Pa. C.P. 1987 ).

¹⁴⁷ Spiro v. Delmar Travel Bureau, Inc., 188 A.D. 2d 792, 591 N.Y.S. 2d 237 ( 1992 ).

¹⁴⁸ Van Rossem v. Penney Travel Service, Inc., 128 Misc. 2d 50, 488 N.Y.S. 2d 595 ( 1985).

¹⁴⁹ Hernandez v. Rapid Bus Company, 641 N.E. 2d 886 ( Ill. App. 1994 ).

¹⁵⁰ Cohen v. Heritage Motor Tours, Inc., 205 A.D. 2d 105, 618 N.Y.S. 2d 387 ( 1994 ).

¹⁵¹ Glenview Park District v. Melhus, 540 F. 2d 1321 ( 7^th Cir. 1976 ).

¹⁵² Pau v. Yosemite Park and Curry Company, 928 F. 2d 880 ( 9^th Cir. 1991 ).

¹⁵³ Chan v. Society Expeditions, Inc., 123 F. 2d 1287 ( 9^th Cir. 1997 ), cert. denied 1185 S. Ct. 906 ( 1998 ).

¹⁵⁴ Maurer v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 294, 890 P. 2d 69 ( 1994 ).

¹⁵⁵ Pelegrini v. Landmark Travel Group, 165 Misc. 2d 589, 628 N.Y.S. 2d 1003 ( 1995 ).

¹⁵⁶ Marcus v. Zenith Travel Inc., New York Law Journal, November 19, 1990, p. 25, col. 3 ( N.Y. Sup. ), aff'd 178 A.D. 2d 372, 577 N.Y.S. 2d 82 ( 1991 ).

¹⁵⁷ Gelfand v. Action Travel Center, Inc., 55 Ohio App. 3d 193, 563 N.E. 2d 317 ( 1988 ).

¹⁵⁸ Touhey v. Trans National Travel, Inc., 47 Pa. D. & C. 3d 250 ( Pa. C.P. 1987 ).

¹⁵⁹ Chow v. Trans World Airlines, 22 CCH Aviation Cases 17,445 ( Ind. App. 1989 ).

¹⁶⁰ Keefe v. Bahama Cruise Line, Inc., 867 F. 2d 1318, 1323-1324 ( 11^th Cir. 1989 ).

¹⁶¹ Fogel v. Hertz International, Ltd, 141 AD. 2d 375, 529 N.Y.S. 2d 484 ( 1988 ).

¹⁶² Barton v. Wonderful World of Travel, Inc., 38 Ohio Misc. 2d 6, 502 N.E. 2d 715 ( 1986).

¹⁶³ Josephs v. Fuller, 186 N.J. Super. 47, 451 A. 2d 203 ( 1982 ).

¹⁶⁴ Rodriquez v. Cardona Travel Bureau, 216 N.J. Super. 226, 523 A. 2d 281 ( 1986 ).

¹⁶⁵ Fix v. Travel Help, 541 N.Y.S. 2d 924 ( N.Y. Civ. 1989 ).

¹⁶⁶ Marcus v. Zenith Travel, Inc., New York Law Journal, November 19, 1990, p. 25, col. 3 ( N.Y. Sup. ), aff'd 178 A.D. 2d 372, 577 N.Y.S. 2d 820 ( 1991 ).

¹⁶⁷ Slade v. Cheung & Risser Enterprises, 10 Pa. D. & C. 3d 627 ( Pa. C.P. 1979 ).

¹⁶⁸ Rosen v. Deporter-Butterworth Tours, Inc., 62 Ill. App. 3d 762, 379 N.E. 2d 407 ( 1978 ).

¹⁶⁹ Bucholtz v. Sirotkin Travel Service, Ltd., 74 Misc. 2d 180, 343 N.Y.S. 2d 438, aff'd 80 Misc. 2d 333, 363 N.Y.S. 2d 415 ( 1974 ).

¹⁷⁰ Barton v. Wonderful World of Travel, Inc., 28 Ohio Misc. 2d 6, 502 N.E. 2d 715 ( 1986).

¹⁷¹ Stafford v. Intrav, Inc., 841 F. Supp. 284, 288 ( E.D. Mo. 1993 ), aff'd 16 F. 3d 1228 ( 8^th Cir. 1994 ).

¹⁷² Markland v. Travel Travel Southfield, 810 S.W. 2d 81, 84 ( Mo. App. 1991 ).

¹⁷³ Behrenhausen v. All About Travel, Inc., 967 S.W. 2d 213 ( Mo. App. 1998 ).

¹⁷⁴ Harvey v. American Airlines, 19 CCH Aviation Cases 18,531( Okla. 1986 ). Compare: Fleming v. Delta Airlines, 359 F. Supp. 339 ( S.D.N.Y. 1973 )( air carrier liable for failing to warn of bad weather for flying ).

¹⁷⁵ McCollum v. Friendly Hills Travel Center, 172 Cal. App. 3d 83, 217 Cal. Rptr. 919 ( 1985 ).

¹⁷⁶ Tucker v. Whitaker Travel, Ltd., 629 F. Supp. 578 ( E.D. Pa. 1985 ), aff'd mem. 800 F. 2d 1140 ( 3d Cir. ), cert. denied 107 S. Ct. 578 ( 1986 ).

¹⁷⁷ Connolly v. Samuelson, 671 F. Supp. 1312 ( D. Kan. 1987 ).

¹⁷⁸ Marcus v. Zenith Travel, Inc., New York Law Journal, November 19, 1990, p. 25, col. 3 ( N.Y. Sup. ), aff'd 178 A.D. 2d 372, 577 N.Y.S. 2d 820 ( 1991 ).

¹⁷⁹ Spiro v. Delmar Travel Bureau, Inc., 149 Misc. 2d 613, 566 N.Y.S. 2d 1010 ( 1991 ), mod'd 188 A.D. 2d 792, 591 N.Y.S. 2d 237 ( 1992 ).

¹⁸⁰ Fix v. Travel Help, 541 N.Y.S. 2d 924 ( N.Y. Civ. 1989 ).

¹⁸¹ Douglas v. Steele, 816 P. 2d 586 ( Okla. App. 1991 ).

¹⁸² Lyall v. Airtran Airlines, Inc., 2000 WL 1100845 ( E.D. Pa. 2000 ).

¹⁸³ Barton v. Wonderful World of Travel, Inc., 28 Ohio Misc. 2d 6, 502 N.E. 2d 715 ( 1986).

¹⁸⁴ Josephs v. Fuller, 186 N.J. Super. 47, 451 A. 2d 203 ( 1982 ).

¹⁸⁵ Slade v. Cheung & Risser Enterprises, Inc., 10 Pa. D. & C. 3d 627 ( Pa. C.P. 1979 ).

¹⁸⁶ Gelfand v. Action Travel Center, Inc., 55 Ohio App. 3d 193, 563 N.E. 2d 317 ( 1988 ).

¹⁸⁷ Bucholtz v. Sirotkin Travel Service, Ltd., 74 Misc. 2d 180, 343 N.Y.S. 2d 438, aff'd 80 Misc. 2d 333, 363 N.Y.S. 2d 415 ( 1974 ).

¹⁸⁸ Trip Tours, Inc. v. Zamani, 22 CCH Aviation Cases 17,425 ( N.Y. Civ. 1989 ).

¹⁸⁹ Prechtl v. Travel House of Garden City, Ltd., 17 CCH Aviation Cases 17,182 ( N.Y. Civ. 1980 ), mod'd 17 CCH Aviation Cases 17,183 ( N.Y. App. Term. 1981 ).

¹⁹⁰ Marcus v. Zenith Travel, Inc., New York Law Journal, November 19, 1990, p. 25, col. 3 ( N.Y. Sup. 1990 ), aff'd 178 A.D. 2d 372, 577 N.Y.S. 2d 820 ( 1991 ).

¹⁹¹ Compaigne Nationale Air France v. Castano, 358 F. 2d 203 ( 1^st Cir. 1966 ).

¹⁹² Levin v. Kasmir World Travel, Inc., 143 Misc. 2d 245, 540 N.Y.S. 2d 639 ( 1989 ).

¹⁹³ Glenview Park District v. Melhus, 540 F. 2d 1321 ( 7^th Cir. 1976 ).

¹⁹⁴ Loretti v. Holiday Inns., Inc., 1986 WL 5339 ( E.D. Pa. 1986 ).

¹⁹⁵ See Shurben v. Dollar Rent-A-Car, 676 So. 2d 467 ( Fla. App. 1996 ).

¹⁹⁶ See Viney v. Kloster Cruise, Ltd., 1997 American Maritime Cases 544 ( N.D. Cal. 1996 ).

¹⁹⁷ See Russell v. Celebrity Cruises, Inc., 2000 WL 1013954 ( S.D.N.Y. 2000 ).

¹⁹⁸ Maurer v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 294, 890 P. 2d 69 ( 1994 ).

¹⁹⁹ Rodriquez v. Cardona Travel Bureau, 216 N.J. Super. 226, 523 A. 2d 281, 282 ( 1986).

²⁰⁰ Markland v. Travel Travel Southfield, 810 S.W. 2d 81, 84 ( Mo. App. 1991 ).

²⁰¹ McCoy v. MTI Vacations, Inc., 272 Ill. App. 3d 494, 208 Ill. Dec. 911, 650 N.E. 2d 605 ( 1995 ).

²⁰² Vick v. National Airlines, Inc., 16 CCH Aviation Cases 18,404 ( La. App. 1982 ).

²⁰³ Rosen v. DePorter-Butterworth Tours, Inc., 62 Ill. App. 3d 762, 379 N.E. 2d 407 ( 1978 ).

²⁰⁴ Das v. Royal Jordanian Airlines, 766 F. Supp. 169 ( S.D.N.Y. 1991 ).

²⁰⁵ Burnap v. Tribeca Travel, 21 CCH Aviation Cases 17,321 ( N.Y. Civ. 1988 ).

²⁰⁶ Pelegrini v. Landmark Travel Group, 165 Misc. 2d 589, 628 N.Y.S. 2d 1003 ( 1995 ).

²⁰⁷ Tei Yan Sun v. Taiwan, 201 F. 3d 1105 ( 9^th Cir. 2000 ).

²⁰⁸ Carley v. Theater Development Fund, 22 F. Supp. 2d 224 ( S.D.N.Y. 1998 ).

²⁰⁹ Gyenes v. Zionist Organization of America, New York Law Journal, August 9, 1989, p. 21, col. 3 ( N.Y. Sup. ).

²¹⁰ St. John v. Rein Teen Tours, Inc., 2000 WL 977685 ( S.D.N.Y. 2000 ).

²¹¹ Sakellares v. The Danbury Scott-Fanton Museum and Historical Society, Inc., 1998 Conn. Super. LEXIS 2472 ( Conn. Super. 1998 ).

²¹² Paster v. Putney Student Travel, Inc., 1999 U.S. Dist. LEXIS 9194 ( C.D. Cal. 1999 ).

²¹³ Pitkewicz v. Kane, 227 A.D. 2d 113, 641 N.Y.S. 2d 664 ( 1996 ).

²¹⁴ Knoell v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 394, 891 P. 2d 861 ( 1994 ).

²¹⁵ Maurer v. Cerkvenick-Anderson Travel, Inc., 181 Ariz. 294, 890 P. 2d 69 ( 1994 ).

²¹⁶ Smith v. Stuart Chason, 1997 U.S. Dist. LEXIS 7636 ( D. Mass. 1997 ).

²¹⁷ Smith v. West Rochelle Travel Agency, Inc., 238 A.D. 2d 398, 656 N.Y.S. 2d 340 ( 1997 ).

²¹⁸ Rodriquez v. Class Travel Worldwide, 2000 U.S. Dist. LEXIS 1926 ( E.D. La. 2000 ).

²¹⁹ Thomalen v. Marriott Corp., 845 F. Supp. 33 ( D. Mass. 1994 ).

²²⁰ Insurance Company of North America v. Hilton Hotels, 908 F. Supp. 809 ( D. Nev. 1996 ), aff'd 110 F. 3d 715 ( 9th Cir. 1997 ).

²²¹ Wolfgang v. Mid-America Motorsports, Inc., 111 F. 3d 1515 ( 10th Cir. 1997 ).

²²² Smith v. Lebanon Valley Auto Racing, Inc., 194 A.D. 2d 946, 598 N.Y.S. 2d 858 ( 1993).

²²³ Torres v. National Association of Underwater Instructors, 928 F. Supp. 134 ( D.P.R. 1996 ).

²²⁴ Love v. Maritz, Inc., Index No: CV 96-07104, Arizona Superior Court, Maricopa County (MFC ).

²²⁵ Martinez v. Bridgeport and Port Jefferson Steamboat Company, New York Law Journal, September 30, 1996, p. 34, col. 3 ( N.Y. Sup. ).

²²⁶ Russell v. Bissell & Associates, Inc., 562 So. 2d 1059 ( La. App. 1990 ).

²²⁷ Smith v. High Class Tours & Travel, Inc., Index. No. 14208/81 ( N.Y. Sup. 1981 ).

²²⁸ Mayer v. Cornell University, 909 F. Supp. 81 ( N.D.N.Y.1996 )( judgment for defendants ), aff'd 107 F. 3d 3 ( 2d Cir, 1997 ), cert. denied 1997 WL 336602( U.S. Sup. Ct. 1997 ).

²²⁹ Gehling v. St. George's University School of Medicine, 705 F. Supp. 761 ( E.D.N.Y. 1989 ).

²³⁰ Gyenes v. Zionist Organization of America, New York Law Journal, August 9, 1989, p. 21, col. 3 ( N.Y. Sup. 1989 ).

²³¹ Hannold v. First Baptist Church, 677 N.Y.S. 2d 859 ( N.Y. App. Div. 1998 ).

²³² Sachs v. Book-of-the-Month Club, Inc., Index No. 00140/91( N.Y. Sup. 1991 ).

²³³ Gottesfeld v. Center for Modern Psychoanalytic Studies, 113 Misc. 2d 937, 448 N.Y.S. 2d 916 ( 1980 ).

²³⁴ Lane v. Vacation Charters, Ltd., 750 F. Supp. 120 ( S.D.N.Y. 1990 ).

²³⁵ Tei Yan Sun v. Taiwan, 201 F. 3d 1105 ( 9^th Cir. 2000 ).

²³⁶ Winter v. I.C. Holidays, New York Law Journal, Jan. 9, 1992, p. 23, col. 4 ( N.Y. Sup. 1992 ).

²³⁷ Carley v. Theater Development Fund, 22 F. Supp. 2d 224 ( S.D.N.Y. 1998 ).

²³⁸ Potter v. National Handicapped Sports, 1994 WL 171949 ( D. Colo. 1994 ).

²³⁹ Mauer v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 294, 890 P. 2d 69 ( 1994 ).

²⁴⁰ Knoell v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 394, 891 P. 2d 861 ( 1994 ).

²⁴¹ Smith v. Chason, 1999 U.S. Dist. LEXIS 7636 ( D. Mass. 1997 ).

²⁴² Smith v. West Rochelle Travel Agency, Inc., 238 A.D. 2d 398, 656 N.Y.S. 2d 340 ( 1997 ).

²⁴³ Dunleavy v. Youth Travel Associates, 199 A.D. 2d 1046, 608 N.Y.S. 2d 30 ( 1993 ).

²⁴⁴ Hayes v. Pickman, New York Law Journal, January 12, 1996, p. 30, col. 3 ( N.Y. Civ. 1996 ).

²⁴⁵ Del Bosco v. US Ski Ass'n, 1993 WL 532633 ( D. Colo. 1993 ).

²⁴⁶ McAleer v. Smith, 860 F. Supp. 924 ( D.R.I. 1994 ).

²⁴⁷ Glenview Park District v. Melhus, 540 F. 2d 1321 ( 7^th Cir. 1996 ).

²⁴⁸ Mongello v. Davos Ski Resort, 224 A.D. 2d 502, 638 N.Y.S. 2d 166 ( 1996 ).

²⁴⁹ Rudolph v. B.A.S.S. Federation, 182 Ariz. 622, 898 P. 2d 1000 ( 1995 ).

²⁵⁰ Lamey v. Foley, 188 A.D. 2d 157, 594 N.Y.S. 2d 490 ( 1993 ).

²⁵¹ Adames v. Trans National Travel, 1998 Mass. Super. LEXIS 108 ( Mass. Super. 1998 ).

²⁵² Hebert v. St. Paul Fire And Marine Insurance Companies, 757 So. 2d 814 ( La. App. 2000 ).

²⁵³ Ransom v. Fernandina Beach Chamber Of Commerce, 752 So. 2d 118 ( Fla. App. 2000 ).

²⁵⁴ Burford Distributing, Inc. v. Starr, 2000 Ark. LEXIS 354 ( Ark. Sup. 2000 ).

²⁵⁵ Uhler v Evangeline Riding Club, 525 So. 2d 550 ( La. App. 1988 ).

²⁵⁶ See Dickerson, Flight Delays: The Airline Passenger's Rights And Remedies; http://courts.state.ny.us/tandv/flightdelays.html.

²⁵⁷ See Dickerson, The Cruise Passengers Rights And Remedies; http://courts.state.ny.us/tandv/cruiserights.html

²⁵⁸ See Dickerson, What Tort Lawyers Should Know About Travel Law; http://courts.state.ny.us/tandv/travellaw.htm; Dickerson, Tour Operators And Air Carriers: Modern Theories Of Liability,http://courts.state.ny.us/tandv/toac.html

²⁵⁹ Guidi v. Inter-Continental Hotels Corp., 203 F. 3d 180 ( 2d Cir. 2000 ).

²⁶⁰ Klinghofer v. Achille Lauro, 816 F. Supp. 934 ( S.D.N.Y. 1993 )

²⁶¹ Travel Weekly, July 31, 2000, p. 8.

²⁶² Carlisle v. Ulyssess Line, Ltd., 475 So. 2d 248 ( Fla. App. 1985 ).

²⁶³ Travel Weekly, July 27, 2000, p. 4.

²⁶⁴ Chan v. Society Expeditions, Inc., 123 F. 3d 1287 ( 9th Cir. 1997 ), cert. denied 118 S. Ct. 906 ( 1998 ).

²⁶⁵ Goldstein v. D.D.B. Needham, 740 F. Supp. 461 ( S.D. Ohio 1990 ).

²⁶⁶ Varey v. Canadian Helicopters Limited, Case No: 95-13755-18 ( Fla. Cir. Ct. Broward County ).

²⁶⁷ Love v. Maritz, Inc., No. CV 96-07104, Arizona Superior Court, Maricopa County.

²⁶⁸ Reuters, November 2, 1998.

²⁶⁹ Hardy v. Pier 99 Motor Inn, 664 So. 2d 1085 ( Fla. App. 1995 ).

²⁷⁰ Woods-Leber v. Hyatt Hotels of Puerto Rico, 1997 WL 476360 ( 1^st Cir. 1997 ).

²⁷¹ Schreiber v. Camm, 1994 WL 131611 ( D.N.J. 1994 ).

²⁷² Wilson v. American Trans Air, Inc., 874 F. 2d 386 ( 7^th Cir. 1989 ).

²⁷³ Manahan v. NWA, Inc., 821 F. Supp. 1105 ( D.V.I. 1992 ), recon. denied 821 F. Supp. 1110 ( D.V.I. 1992 ), aff'd 995 F. 2d 218 ( 3rd Cir. 1993 ).

²⁷⁴ O'Keefe v. Inca Floats, Inc., 1997 U.S. Dist. LEXIS 17088 ( N.D. Cal. 1997 ).

²⁷⁵Doe v. Sun International Hotels, Ltd., 20 F. Supp. 2d 1328 ( S.D. Fla. 1998 ).

²⁷⁶ Loretti v. Holiday Inns, Inc., 1986 WL 5339 ( E.D. Pa. 1986 ).

²⁷⁷ Catalano v. NWA, Inc., 1998 WL 777023 ( D. Minn. 1998 ).

²⁷⁸ Creteau v. Liberty Travel, Inc., 195 A.D. 2d 1012, 600 N.Y.S. 2d 576 ( 1993 ).

²⁷⁹ Wilson v. Humphreys Cayman Ltd., 916 F. 2d 1239 ( 7^th Cir. 1990 ).

²⁸⁰ Morton v. De Oliviera, 984 F. 2d 289 ( 9^th Cir. 1993 ).

²⁸¹ Johnson v. Commodore Cruise Lines, 1996 American Maritime Cases 666 ( S.D.N.Y. 1995 ).

²⁸² Gillmore v. Caribbean Cruise Line, 789 F. Supp. 488 ( D.P.R. 1992 ).

²⁸³ Fling v. Hollywood Travel and Tours, 765 F. Supp. 1302 ( N.D. Ohio 1990 ).

²⁸⁴ Dow v. Abercrombie & Kent International, Inc., 2000 U.S. Dist. LEXIS 7290 ( N.D. Ill. 2000 ).

²⁸⁵ Travel Weekly, January 9, 1997, p. 4.

²⁸⁶ Searcy v. La Quinta Motor Inns, Inc., 676 So. 2d 1137 ( La. App. 1996 ).

²⁸⁷ Calvo v. Sol Melia, S.A., 2000 Fla. App. LEXIS 8053 ( Fla. App. 2000 ).

²⁸⁸ Mayer v. Cornell University, 107 F. 3d 3 ( 2d Cir. 1997 ), cert. denied 1997 WL 336602 ( 1997 ).

²⁸⁹ Gardemal v. Westin Hotel Company, 186 F. 3d 588 ( 5^th Cir. 1999 ).

²⁹⁰ Lehman v. Humphreys Cayman Ltd., 713 F. 2d 339 ( 8^th Cir. 1983 ).

²⁹¹ Rygg v. County of Maui, 98 F. Supp. 2d 1129 ( D. Hawaii 1999 ).

²⁹² Reid-Walen v. Hansen, 933 F. 2d 1390 ( 8^th Cir. 1991 ).

²⁹³ Tancredi v. Dive Makai Charters, 823 F. Supp. 778 ( D. Hawaii 1993 ).

²⁹⁴ Sun v. Taiwan, 1998 WL 738002 ( N.D. Cal. 1998 ), rev'd 201 F. 3d 1105 ( 9th Cir. 2000).

²⁹⁵ Sankaran v. Club Mediterranee, S.A., 1998 U.S. Dist. LEXIS 11750 ( S.D.N.Y. 1998 ).

²⁹⁶ Rodriquez v. Class Travel Worldwide, 2000 U.S. Dist. LEXIS 1926 ( E.D. La. 2000 ).

²⁹⁷ Sova v. Apple Vacations, 984 F. Supp. 1136 ( S.D. Ohio 1997 ).

²⁹⁸ Feldman v. Acapulco Princess Hotel, 137 Misc. 2d 787, 520 N.Y.S. 2d 477 ( 1987 ).

²⁹⁹ Nowak v. Tak How Inc., Ltd., 1995 WL 521874 ( D. Mass. 1995 ).

³⁰⁰ Darby v. Societe Des Hotels Meridien, 1999 WL 642877 ( S.D.N.Y. 1999 ).

³⁰¹ MacLachlin v. Marriott Corporation, New York Law Journal, January 18, 1994, p. 29, col. 2 ( N.Y. Sup. 1994 ).

³⁰² Colby v. Norwegian Cruise Lines, Inc., 1996 WL 173016 ( D. Conn. 1996 ).

³⁰³ Honeycutt v. Tour Carriage, Inc., 94 CV 134 (MCK)( W.D.N.C. March 18, 1996 ).

³⁰⁴ May v. Club Med Sales, Inc., 832 F. Supp. 937 ( E.D. Pa. 1993 ).

³⁰⁵ Tucker v. Whitaker Travel, Ltd., 620 F. Supp. 578 ( E.D. Pa. 1985 ), aff'd mem. 800 F. 2d 1140 ( 3^rd Cir. ), cert. denied 107 S. Ct. 578 ( 1986 ).

³⁰⁶ Barber v. Princess Hotels International, 134 A.D. 2d 312, 520 N.Y.S. 2d 789 ( 1987 ).

³⁰⁷ Pearl Cruises v. Cohon, 728 So. 2d 1226 ( Fla. App. 1999 ).

³⁰⁸ Davies v. General Tours, Inc., 1999 Conn. Super. LEXIS 2387 ( Conn. Super. 1999 ).

³⁰⁹ Lubick v. Travel Services, Inc., 573 F. Supp. 904 ( D.V.I. 1983 ).

³¹⁰ Ramage v. Forbes International Inc., 1997 WL 785613 ( C.D. Cal. 1997 ).

³¹¹ Winter v. I.C. Holidays, Inc., New York Law Journal, January 9, 1992, p. 23, col. 4 ( N.Y. Sup. ).

³¹² Chouset v. American Airlines, Inc., 1993 WL 501607 ( E.D. La. 1993 ).

³¹³ Fertels v. Resorts International, 43 A.D. 2d 241, 350 N.Y.S. 2d 913, aff'd 35 N.Y. 2d 895, 364 N.Y.S. 2d 891 ( 1974 ).

³¹⁴ Lowy v. Heimann's Bus Tours, Inc., 240 A.D. 2d 548, 658 N.Y.S. 2d 452 ( 1997 ).

³¹⁵ Rovinsky v. Hispanidad Holidays, Inc., 580 N.Y.S. 2d 49 ( N.Y. App. Div. 1992 ).

³¹⁶ DeRoche v. Commodore Cruise Line, Ltd., 46 Cal. Rptr. 2d 468 ( Cal. App. 1994 ).

³¹⁷ Dubret v. Holland America Line Westours, Inc., 25 F. Supp. 2d 1151 ( W.D. Wash. 1998).

³¹⁸ Paredes v. Princess Cruises, Inc., 1 F. Supp. 2d 87 ( D. Mass. 1998 ).

³¹⁹ McCartney v. Windsor, Inc., 1996 U.S. Dist. LEXIS 1623 ( E.D. Pa. 1996 ).

³²⁰ Sadkin v. Avis Rent A Car Systems, Inc., 224 A.D. 2d 303, 638 N.Y.S. 2d 435 ( 1996 ).

³²¹ Chung v. Chrysler Corp., 1995 WL 669183 ( D.D.C. 1995 ).

³²² Travalja v. Maieliano Tours, 622 N.Y.S. 2d 961 ( N.Y. App. Div. 1995 ).

³²³ Weiner v. B.O.A.C., 60 A.D. 2d 427, 401 N.Y.S. 2d 91 ( 1978 ).

³²⁴ Kermisch v. Avis Rent-A-Car, 71 A.D. 2d 790, 419 N.Y.S. 2d 793 ( 1979 ).

³²⁵ Smith v. Chason, 1999 U.S. Dist. LEXIS 7636 ( D. Mass. 1997 ).

³²⁶ Meurer v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 294, 890 P. 2d 69 ( 1994 ).

³²⁷ Knoell v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 394, 891 P. 2d 861 ( 1994 ).

³²⁸ Powell v. Trans Global Tours, Inc. 594 N.W. 2d 252 ( Minn. App. 1999 ).

³²⁹ Chierchia v. Treasure Cay Services, 738 F. Supp. 1386 ( S.D. Fla. 1990 ).

³³⁰ United Shipping Co. v. Witmer, 724 So. 2d 722 ( Fla. App. 1999 ).

³³¹ McAleer v. Smith, 860 F.Supp. 924 ( D.R.I. 1994 ).

³³² Elsis v. TWA, 22 CCH Aviation Cases 17,806 ( N.Y. Sup. 1989 ).

³³³ Glenview Park District v. Melhus, 540 F. 2d 1321 ( 7th Cir. 1976 ).

³³⁴ Rawlins v. Clipper Cruise Line, 1998 American Maritime Cases 1260 ( E.D. Mo. 1996 ).

³³⁵ Walther v. Hell's Canyon Adventurers, Inc., 1997 American Maritime Cases 2098 ( D. Ore. 1997 ).

³³⁶ Wong Mee Wan v. Kwan Kin Travel Services Ltd., 4 All ER 745 ( 1995 ).

³³⁷ Hernandez v. Quality Inns, Inc., New York Law Journal, March 23, 1993, p. 21, col. 6 ( N.Y. Sup. 1993 ).

³³⁸ Anderson v. Marriott Hotel Services, Inc., 2000 Conn. Super. LEXIS 904 ( Conn. Super. 2000 ).

³³⁹ Bruemmer v. Marriott Corporation, 1991 U.S. Dist. LEXIS 2514 ( N.D. Ill. 1991 ).

³⁴⁰ Bouchard v. Smiley Brothers, Inc., 685 N.Y.S. 2d 289 ( N.Y. App. Div. 1999 ).

³⁴¹ Pau v. Yosemite Park, 928 F. 2d 880 ( 9^th Cir. 1991 ).

³⁴² Grutkowski v. Steamboat Lake Guides & Outfitters, Inc., 1998 U.S. Dist. LEXIS 20255 ( E.D. Pa. 1998 ).

³⁴³ Schettino v. Paradise Beach Inn, Ltd., 1992 U.S. Dist. LEXIS 21899 ( D.N.J. 1992 ).

³⁴⁴ Torres v. National Association of Underwater Instructors, 1996 WL 288217 ( D.P.R. 1996 ).

³⁴⁵ Barkanic v. Civil Aviation Administration, 923 F. 2d 957 ( 2d Cir. 1991 ).

³⁴⁶ Philippe v. Lloyd's Aero Boliviano, 710 So. 2d 807 ( La. App. 1998 ).

³⁴⁷ Abercrombie & Kent International, Inc. v. Carlson Marketing Group, Inc., 1989 U.S. Dist. LEXIS 4469 ( E.D. Pa. 1989 ).

³⁴⁸ Paster v. Putney Student Travel, Inc., 1999 U.S. Dist. LEXIS 9194 ( C.D. Cal. 1999 ).

³⁴⁹ Schechter v. Tauck Tours, Inc., 17 F. Supp. 2d 255 ( S.D.N.Y. 1998 ).

³⁵⁰ Connolly v. Samuelson, 671 F. Supp. 1312 ( D. Kan. 1987 ).

³⁵¹ Lavine v. General Mills, Inc., 519 F. Supp. 332 ( N.D. Ga. 1981 ).

³⁵² Cohen v. Heritage Motor Tours, Inc., 215 A.D. 2d 105, 618 N.Y.S. 2d 387 ( 1994 ).

³⁵³ Carney v. Singapore Airlines, 940 F. Supp. 1496 ( D. Az. 1996 ).

³⁵⁴ Stevenson v. Four Winds Travel, Inc., 462 F. 2d 899 ( 5^th Cir. 1972 ).

³⁵⁵ Sanders v. Nabila Tours & Cruises, No. AO79884 ( Cal. App. 1^st Dist. May 1, 1998 ).

³⁵⁶ McFadden v. Staley, 687 So. 2d 357 ( Fla. App. 1997 ).

³⁵⁷ Klein v. Marriott International, Inc., 34 F. Supp. 2d 176 ( S.D.N.Y. 1999 ).

³⁵⁸ Assicurazioni Generali, SPA v. Neil, 1998 WL 801496 ( 4th Cir. 1998 ).

³⁵⁹ Averitt v. Southland Motor Inn of Oklahoma, 720 F. 2d 1178 ( 10th Cir. 1983 ).

³⁶⁰ In Re Horizon Cruises, 2000 U.S. Dist. LEXIS 7246 ( S.D.N.Y. 2000 ).

³⁶¹ Freeman v. Celebrity Lines, Inc., 1994 WL 689809 ( S.D.N.Y. 1994 ).

³⁶² Russell v. Celebrity Cruises, Inc., 2000 WL 1013954 ( S.D.N.Y. 2000 ).

³⁶³ Wilson v. Best Travel ( 1993 ) 1 All ER 353.

³⁶⁴ Carley v. Theater Development Fund, 1998 WL 695421 ( S.D.N.Y. 1998 ) .

³⁶⁵ Knoell v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 394, 891 P. 2d 861 ( 1994 ).

³⁶⁶ Cicchiello v. Reney Tours Plane Broker, Inc., 1996 WL 278348 ( Conn. Super. 1996 ).

³⁶⁷ DeRoche v. Commodore Cruise Line, Ltd., 46 Cal. Rptr. 2d 468 ( Cal. App. 1994 ).

³⁶⁸ Gillmore v. Caribbean Cruise Line, 789 F. Supp. 488 ( D.P.R. 1992 ).

³⁶⁹ Bonaventure v. Home Lines, Inc., 1982 American Maritime Cases 1507 ( E.D. Pa. 1982 ).

³⁷⁰ Blinzler v. Marriott International, Inc., 1994 WL 363920 ( D.R.I. 1994 ), aff'd 1996 WL 164966 ( 1^st Cir. 1996 ).

³⁷¹ Johnson v. Commodore Cruise Lines, Ltd., 1996 American Maritime Cases 666 ( S.D.N.Y. 1995 ).

³⁷² Room v. Caribe Hilton Hotel, 659 F. 2d 5 ( 5^th Cir. 1981 ).

³⁷³ Krys v. Lufthansa German Airlines, 1997 WL 450150 ( 11^th Cir. 1997 ).

³⁷⁴ MacLachlin v. Marriott Corp., New York Law Journal, January 18, 1994, p. 29, col. 2 ( N.Y. Sup. 1994 ).

³⁷⁵ In Re Air Crash Off Long Island, New York, July 17, 1996, 65 F. Supp. 2d 207 ( S.D.N.Y. 1999 ).

³⁷⁶ Calvo v. Sol Melia, S.A., 2000 Fla. App. LEXIS 8053 ( Fla. App. 2000 ).

³⁷⁷ Mercier v. Sheraton International, Inc., 935 F. 2d 419 ( 1^st Cir. 1991 ).

³⁷⁸ Nowack v. Tak How Inv. Ltd., 1995 WL 521874 ( D. Mass. 1995 ).

³⁷⁹ Simcox v. McDermott International, 1994 WL 24170 ( S.D. Tex. 1994 ).

³⁸⁰ Lehman v. Humphrey Cayman, Ltd., 713 F. 2d 339 ( 8^th Cir. 1983 ).

³⁸¹ Bankanic v. General Administration of Civil Aviation, 923 F. 2d 957 ( 2d Cir. 1991 ).

³⁸² Wendelkin v. Superior Court, 137 Ariz. 455, 671 P. 2d 896 ( 1983 ).

³⁸³ Hernandez v. Burger, 102 Cal. App. 3d 795, 162 Cal. Rptr. 564 ( 1980 ).

³⁸⁴ Bruemmer v. Marriott Corp., 1991 U.S. Dist. LEXIS 2514 ( N.D. Ill. March 4, 1991 ).

³⁸⁵ Doe v. Sun International Hotels, Ltd., 20 F. Supp. 2d 1328( S.D. Fla. 1998 ).

³⁸⁶ In Re Air Crash Off Long Island, New York, July 17, 1996, 65 F. Supp. 2d 207 ( S.D.N.Y. 1999 ).

³⁸⁷ Wilson v. Humphreys Cayman Ltd., 916 F. 2d 1239 ( 7^th Cir. 1990 ).

³⁸⁸ . Lehman v. Humphrey Cayman, Ltd., 713 F. 2d 339 ( 8^th Cir. 1983 ).

³⁸⁹ Reid-Walen v. Hansen, 933 F. 2d 1390 ( 8^th Cir. 1991 )

³⁹⁰ Lugones v. Sandals Resorts, Inc., 1995 WL 65522 ( S.D. Fla. 1995 ).

³⁹¹ Neville v. Anglo American Management, 594 N.Y.S. 2d 747 ( N.Y. App. Div. 1993 ).

³⁹² Flynn v. General Motors, Inc., 141 F.R.D. 5 ( E.D.N.Y. 1992 ).

³⁹³ Carnival Cruise Lines, Inc. v. Oy Wartsila AB, 159 BR 984 ( S.D. Fla. 1993 ).

³⁹⁴ Gyenes v. Zionist Organization of America, 169 A.D. 2d 41 ( N.Y. App. Dic. 1991 ).

³⁹⁵ Mercier v. Sheraton International Inc., 935 F. 2d 419 ( 1st Cir. 1991 ).

³⁹⁶ Rudisill v. Sheraton Copenhagen Corp., 817 F. Supp. 443 ( D. Del. 1993 ).

³⁹⁷ Carnival Cruise Lines, Inc. v. Oy Wartsila AB, 159 BR 984 ( S.D. Fla. 1993 ).

³⁹⁸ Chhawchharia v. The Boeing Co., 657 F. Supp. 1157 ( S.D.N.Y. 1987 ).

³⁹⁹ Diaz v. Mexicana de Avion, S.A., 20 CCH Aviation Cases 17,983 ( W.D. Tex. 1987 ).

⁴⁰⁰ Fertels v. Resorts International, 43 A.D. 2d 241, 350 N.Y.S. 2d 913, aff'd 35 N.Y. 2d 895, 364 N.Y.S. 2d 891 ( 1974 ).

⁴⁰¹ See Marschak, Consumer press reports distrust of Web travel sites, Travel Weekly, November 11, 1999, p. 29

( " Consumers are not necessarily seeing a meaningful range of products or getting the tools they need for making meaningful price comparisons... Paul Grimes...complained that many sites, including travel agency consortium sites, promote only certain tour and cruise companies " );

Tedeschi, Practical Traveler, Web Air Deals: Caveat Surfer, N.Y. Times Travel Section, April 16, 2000, p. 4.

⁴⁰² See Hidden Fees Take Bite Out of Online Savings, Consumer Reports Travel Letter, February 2000, p. 1

( " Found a cheap ticket online? Beware of hidden fees that could take a bite out of those savings. Service fees for processing bookings, delivering tickets and making changes are driving up the cost of booking airline tickets online...that fees can add as much as 85 percent to the advertised price. And they're hard to avoid because online discounters don't always disclose--or plainly display--these charges on their web sites" ).

⁴⁰³ See Grant, Are Web Bookings Safe? Airlines Say Yes, But Some Take Extra Precautions, Travel Agent, January 17, 2000, p. 88

( " Last month Northwest discovered a programming error that left unprotected the credit card numbers and personal information of some frequent flyers. " );

Tedeschi, Tighter Security For Web Buyers, Practical Traveler, N.Y. Times Sunday Edition, Travel Section, December 26, 1999, p. 4

( " This year...a technical administrator for an Internet service provider in Seattle discovered that hundreds of Web sites had left their customers' credit card information completely exposed to anyone with an Internet connection " );

Bryant, Cautiously, Travelers Shop on the Internet, New York Times Sunday Edition, Travel Section, December 20, 1998, at p. 3

( " A recent survey...found that among 500 people who have traveled by air in the past year and visited a Web site in the past month, 80 percent have looked at Internet travel sites and 58 percent have checked fares. But only 18 percent have used the Internet to book travel online...The main reason for their reluctance? Credit card security. " ).

⁴⁰⁴ See Bryant, Web Travel Shopping: The Surf Is Rising, New York Times Sunday Edition, Travel Section, May 3, 1998, p. 3

( " A recent survey...estimated that by 2002, on-line bookings of air fares, hotel rooms, rental cars and vacation packages will jump more than tenfold, to $8.9 billion..." ).

⁴⁰⁵ See More Web Worries? Four Hotel Chains Plan A Common Site, Travel Agent, March 27, 2000, p. 6; Johnston, Practical Traveler, Rooms Through The Web, New York Times Sunday Edition, Travel Section, p. 4 ( " But shopping for lodgings on the Web is clearly the wave of the future. " ).

⁴⁰⁶ See Airlines Throw Their Weight Behind New Web Site, Travel Agent, January 17, 2000, p. 6

( " Twenty-three airlines have answered the question posed by Continental, Delta, Northwest and United last November--will enough major players joined a planned Web site to make it viable? With the addition...of large and small U.S. and foreign carriers...the new Web site...has the backing it needs to potentially become the industry's 400-pound gorilla. " );

Big Airlines Ready To Deal, Consumer Reports Travel Letter, December 1999, p. 13

( " More choices on the web mean better deals for consumers, right? That's the pitch behind a new travel ' supersite ' to be launched by Continental, Delta, Northwest and United " ).

⁴⁰⁷ See Round-The-Clock Access Rates As A Major Attraction Of Net, Survey explores Internet users' attitudes, motives, Travel Weekly, August 3, 2000, p. 4.

⁴⁰⁸ See Polling, Latest Web twist: Lose the booking, keep the cash, Travel Weekly, June 5, 2000, p. 1

( "...an alternative pricing mechanism for moving travel...on the Web, enabling merchants to make a deal with a consumer, but with the option to call it off if it looks as if the ( travel services ) can be sold elsewhere at a better price. For taking the risk that the supplier might pull out of the deal, the consumer gets a guaranteed low price with a cash rebate up front. " ).

⁴⁰⁹ How Low Can You Go? Priceline Adds Hotel Bids, Consumer Reports Travel Letter, December 1998, p. 1

( " Priceline.com. The Internet bidding system that claims it lets travelers name their own prices for airline tickets, quietly launched a similar service for hotel rooms in 26 cities " );

Priceline: Moving 20,000 air tickets, 5000 hotel rooms weekly, Travel Weekly, May 3, 1999, p. 8; Milligan, Priceline.com to add cruises, tours to lineup, Travel Weekly, May 11, 2000, p. 1; Wilkening, The ins and outs of Priceline.com: Good fares come with drawbacks, Travel Weekly, June 24, 1999, p. 1

( " But if you think the price is right, don't overlook the minuses--including uncertain hours of travel, nonstandard purchase conditions and some potential hidden costs " ).

⁴¹⁰ See Nankin, Travel Distribution Update, Fall 1999, p. 2

( " It is no secret that the prospect of increased direct Internet sales by airlines is driving the shift away from ( travel ) agents as a form of distribution. According to some estimates, an online sale cuts an airline's distribution ( agent commission or telephone sales ) costs by 75 percent " );

Will The Internet Replace Your Travel Agent?, Conde Nast Traveler, August 1997, p. 19

( "' The Web can be a very good tool for travelers looking for last-minute specials. But for other types of travel, we still find that travel agents are best. They don't guarantee the best price, but they do increase your chances of finding it '" );

ASTA consumer survey: Agents more credible than the Net, Travel Weekly, January 7, 1999, p. 12

( " Agents were favored over Internet-based travel information sources by 68% of air travelers and 81% of cruise vacationers " );

Poll: Most Web browsers still turning to agents, Travel Weekly, August 12, 1999, p. 23 ( " The poll said 56% of on-line travelers reported booking with an agent after visiting a travel site " ).

⁴¹¹ See Dickerson, The Licensing And Regulation Of Travel Sellers In The United States, The Aviation Quarterly [ 1998 ] TAQ 47-69, January 1998

( " Travel Sellers are, to a large extent, unregulated in the United States. As at 1997 only a handful of States...had some form of Travel Seller regulation. Many of today's Travel Seller statutes are cosmetic only...(and) fail to have most of the basic components of a comprehensive licensing statute, i.e., annual registration, proficiency testing, advertising standards and contractual disclosure rules, surety bonding, escrow accounts, errors and omissions insurance, consumer restitution funds and civil and criminal penalties ").

See also Dickerson, The Licensing And Regulation Of Travel Agents, Tour Operators And Other Travel Sellers In The United States, Canada, Australia, Great Britain, Japan And The Members Of The European Community, March 15, 2000, http://www.courts.state.ny.us/tandv/Aqtaed1.htm.

⁴¹² See Vacations from Hell, Consumer Reports, January 1999, p. 29

( " Because travel mixes fantasy and fun--and because the industry is largely unregulated--it's an area ripe for rip- offs...According to FTC records, Design Travel operated 41 telemarketing boiler rooms...What buyers typically got was a few nights in Florida, a ' cruise ' to the Bahamas on a converted auto ferry and a brief stay there at a seedy hotel. It was hardly the vacation ' retailed at over $1,500 ' that smooth-talking telemarketers described " );

See also Edelson, ASTA Travel Scam Conference: Beware Of Fraud on the Web, Travel Agent, May 18, 1998, p. 119 ( " As it becomes more mainstream, the Internet has opened up a whole new medium for scam artists..." ).

⁴¹³ See Dickerson, The Licensing And Regulation Of Travel Services In The United States, The Aviation Quarterly [ 1998 ] TAQ 47-69, January 1998

( " consumers need to be protected from increasingly complex, misleading and deceptive travel scams. Recently, the Federal Trade Commission (FTC) and the Attorneys General of ( 12 States ) took legal action against a variety of travel scam operators. ' Travel has long been a fertile field for flimflam, but what had been a cottage industry has lately mushroomed into a growth industry...the cost of travel-related fraud ( is estimated ) at more than $12 billion a year...Travel fraud comes in many more packages than it used to ' " ).

⁴¹⁴ See Dickerson, Travel Law, supra, at Section 2.02[1]. The Airline Deregulation Act has been held by some Courts to preempt passenger claims which " relate to rates, routes or service of any air carrier ". Under preemption doctrine the Court is deprived of jurisdiction and required to dismiss the lawsuit. See Charas v. Trans World Airlines, Inc., 1998 WL 822116 ( 9^th Cir. 1998 )( Airline Deregulation Act does not preempt passenger's run of the mill personal injury claims ).

⁴¹⁵ See:

Second Circuit: Darby v. Compagnie National Air France, 735 F. Supp. 555 ( S.D.N.Y. 1990 )( Brazilian hotel where guest drowned subject to New York jurisdiction because of actions of subsidiary in the forum ).

State Courts:

New York: Frummer v. Hilton Hotels International, Inc., 19 N.Y. 2d 933, 281 N.Y.S. 2d 41, 227 N.E. 2d 851 ( 1967 ) ( subsidiary reservations service in the forum ).

⁴¹⁶ See Bryant v. Finnish National Airline, 15 N.Y. 2d 426, 260 N.Y.S. 2d 625, 208 N.E. 2d 439 ( 1965 ).

⁴¹⁷ See Catalano v. BRI, Inc., 724 F. Supp. 1580 ( E.D. Mich. 1989 )( Michigan has personal jurisdiction over Las Vegas hotel based upon conducting business through an agent with offices in Michigan ).

⁴¹⁸ See Taca Intl. Airlines v. Rolls-Royce of England, 15 N.Y. 2d 97, 256 N.Y.S. 2d 129, 204 N.E. 2d 329 ( 1965 ).

⁴¹⁹ See Weintraub v. Walt Disney World Co., 825 F. Supp. 717 ( E.D. Pa. 1993 )( Pennsylvania has jurisdiction over Florida resort Walt Disney World based upon connections of parent corporation Walt Disney Company to Pennsylvania ).

⁴²⁰ See Rait v. Jacobs Brothers, 49 Misc. 2d 903, 268 N.Y.S. 2d 750 ( 1966 ).

⁴²¹ See:

Kentucky: Mohler v. Dorado Wings, Inc., 675 S.W. 2d 404 ( Ky. Ct. App. 1984 ).

New York: Berner v. United Airlines, Inc., 3 N.Y. 2d 1003, 170 N.Y.S. 2d 340, 147 N.E. 2d 732 ( 1957 );

⁴²² See:

Second Circuit: Gelfand v. Tanner Motor Tours, Ltd., 385 F. 2d 116 ( 2d Cir. 1967 ).

State Courts:

New York: Guile v. Sea Island Co., Inc., 11 Misc. 2d 496, 66 N.Y.S. 2d 467 ( 1946 ), aff'd 272 App. Div. 881, 71 N.Y.S. 2d 911 ( 1947 ).

⁴²³ See:

Third Circuit: Romero v. Argentinas, 1993 WL 416547 ( D.N.J. 1993 ).

Tenth Circuit: Afflerbach v. Cunard Line. Ltd., 11 F. Supp. 2d 1260 ( D. Wyo. 1998 ).

State Courts:
New York: Savoleo v. Couples Hotel, 136 A.D. 2d 692, 524 N.Y.S. 2d 52 ( 1988 ).

⁴²⁴ See

Sixth Circuit: Hughes v. Cabanas del Caribe Hotel, 744 F. Supp. 788 ( E.D. Mich. 1990 ).

Seventh Circuit: Wilson v. Humphreys, 916 F. 2d 1239 ( 7^th Cir. 1990 ).

⁴²⁵ See

First Circuit: Szafarowicz v. Gotterup, 1999 WL 782028 ( D. Mass. 1999 )( Massachusetts may have jurisdiction over Cayman Island diving company if a significant amount of business was done in the U.S. ); Nowak v. Tak How Inc. Ltd., 1995 WL 521874 ( D. Mass. 1995 ).

Second Circuit: Mallon v. Walt Disney World Co., 42 F. Supp. 2d 143 ( D. Conn. 1998 )( continuous and extensive advertising in the forum, without contract formation, is sufficient to establish jurisdiction over foreign resort ); Begley v. Maho Bay Camps, 1994 WL 136016 ( E.D.N.Y. 1994 )( jurisdiction based upon newspaper ads and contact in New York City ).

Third Circuit: Weintraub v. Walt Disney World Co., 1993 WL 244064 ( E.D. Pa. 1993 )( advertising, staffing and customer relations activities sufficient to support jurisdiction ).

Fifth Circuit: Kervin v. Red River Ski Area, Inc., 711 F. Supp. 1383 ( E.D. Tex. 1989 )( solicitation of business sufficient for jurisdiction ).

Sixth Circuit: Raftery v. Blake's Wilderness Outpost Camps, 1997 WL 14795 ( E.D. Mich. 1997) ( advertising sufficient for jurisdiction ).

Seventh Circuit: Wilson v. Humphreys, 916 F. 2d 1239 ( 7^th Cir. 1990 )( advertising and contacts with local tour operators sufficient for jurisdiction ).

State Courts:

Connecticut: Stewart v. Air Jamaica Holdings Ltd., 2000 U.S. Conn. Super. 1107 ( Conn. Super. 2000 )( plaintiff fails to prove solicitation of business in Connecticut ).

⁴²⁶ See:

First Circuit: Rosich v. Circus & Circus Enterprises, Inc., 3 F. Supp. 2d 148 ( D.P.R. 1998 )( advertising through travel guide and brochures insufficient contact ); Clark v. City of St. Augustine, Florida, 977 F. Supp. 541 ( D. Mass. 1997 ) ( advertising in forum insufficient contact ).

Second Cicuit: Andrei v. DHC Hotels and Resorts, 2000 U.S. Dist. LEXIS 4107 ( S.D.N.Y. 2000 )( mere solicitation of business insufficient for jurisdiction ); Feldman v. Silverleaf Resorts, Inc., 2000 U.S. Dist. LEXIS 1005 ( S.D.N.Y. 2000 )( solicitation, regardless of how substantial, is insufficient to establish jurisdiction ); Lane v. Vacations Charters, Ltd., 750 F. Supp. 120 ( S.D.N.Y. 1990 )( ads and toll free number insufficient contact ).

Third Circuit: Poteau v. Walt Disney World Company, 1999 U.S. Dist. LEXIS 12459 ( E.D. Pa. 1999 )( solicitation of business through travel agents insufficient to establish jurisdiction ); Romero v. Holiday Inn, Utrecht, 1998 U.S. Dist. LEXIS 19997 ( E.D. Pa. 1998 )( advertising through franchisor's Worldwide Directory and making reservations through 800 number insufficient for jurisdiction ).

Fifth Circuit: Luna v. Compagnie Paramena de Aviacion, 1994 WL 173369 ( S.D. Tex. 1994 )( solicitation of business and 800 number insufficient ).

Sixth Circuit: Denham v. Sampson Investments, 997 F. Supp. 840 ( E.D. Mich. 1998 )( sending brochures to forum and reserving rooms at hotels insufficient contact ).

Tenth Circuit: Rainbow Travel Service, Inc. v. Hilton Hotels Corp., 896 F. 2d 1233 ( 10th Cir. 1990 )( jurisdiction based upon solicitation and contract formation in the forum ); Afflerbach v. Cunard Line, Ltd., 14 F. Supp. 2d 1260 ( D. Wyo. 1998 ) ( national advertising and selling tours through travel agents insufficient contact ).

State Courts:

New York: Sedig v. Okemo Mountain, 204 A.D. 2d 709, 612 N.Y.S. 2d 643 ( 1994 )( mere solicitation insufficient ).

Texas: M.G.M. Grand Hotel, Inc. v. Lee Castro, 8 S.W. 3d 403 ( Tex. App. 1999 )( solicitation plus doctrine followed in Texas ).

⁴²⁷ In Romero v. Holiday Inn, Utrecht, 1998 U.S. Dist. LEXIS 19997 the Court incorrectly stated that

" an Internet connection allows a consumer to contact a hotel chain for reservations directly and without charge. The distinction of using a computer hooked to a telephone/data line is not relevantly different from using a handset connected to that same line; one is in writing and one is by voice-a distinction without difference in this context ".

⁴²⁸ 2. See Travel Law, § 5.02, supra.

⁴²⁹ See Travel Law, § 5.02[1], supra. See also, Wade, Who's Afraid of Consolidators?, Practical Traveler, N.Y. Times, Travel Section, April 22, 1998, p. 4

( " air consolidators...are companies that sell tickets, usually for trips overseas, at prices below those the airlines advertise. There is indeed nothing illegal about them, but there are perils to be aware of. Most problems can be avoided with three rules: work through a travel agent, use a credit card and, if the price is preposterously low, go elsewhere " ).

⁴³⁰ See Travel Law, § 5.03, supra.

⁴³¹ See Travel Law, § 5.04, supra.

⁴³² For a discussion of outside sales agents see Fee and Anolik, The Official Outside Sales Travel Agent Manual ( Travel Support Systems, Inc., Jupiter, Florida, 1996 )(

" Until now, ' outside sales ' has been the standard industry expression attached to those who sell travel ' outside ' the agency's premises " ).

⁴³³ See e.g., F.T.C. v. Commonwealth Marketing Group, Inc., 1999 WL 816726 ( W.D. Pa. 1999 )( injunction obtained against telemarketing boiler room selling bogus travel services ); Cogswell, FTC and State Attorneys General Target Purported Travel Fraud, Travel Agent, June 8, 1998, p. 112

( "On May 28 ( 1998 ), the Federal Trade Commission (FTC) announced that a federal judge had frozen the assets of CMG...on the grounds that (it was ) misleading thousands of consumers with false promises of free vacations...CMG used TV personalities Robin Leach and Ricardo Montalban to sell vacation cruises " ).

⁴³⁴ See Travel Law, § 4.10, supra.

⁴³⁵ See Travel Law, § 4.07[3][d], supra ( jurisdiction on the Internet ); see also, Bryant, Web Travel Shopping: The Surf Is Rising, N.Y. Times, Travel Section, May 3, 1998, p. 3

( " Travelers booked $827 million worth of reservations over the Internet last year...by 2002, on-line bookings of air fares, hotel rooms, rental cars and vacation packages will jump more than tenfold to $8.9 billion ( per year )" );

Internet Gains Grounds As Travel-Scam Channel, Consumer Reports Travel Letter, July 1998, p. 145

( " Scams continue to proliferate...and the Internet has now joined traditional mail and telemarketing as a channel for them " );

Edelson, ASTA Travel Scam Conference: Beware Of Fraud on the Web, Travel Agent, May 18, 1998, p. 119

( " ' The Internet is also the perfect medium for criminals. Anyone can put up a great-looking web site, and buying on the Internet is essentially sight unseen " ).

⁴³⁶ See e.g., Plutchok v. European American Bank, 143 Misc. 2d 149, 540 N.Y.S. 2d 135, 136 ( 1989 )

( "the plaintiff received a postcard from Holiday Magic Travel Club, Inc...stating that he had been selected to receive a pre-paid luxury cruise plus hotel accommodations..." );

see also " Pros and Cons of Travel Clubs ", Consumer Reports Travel Letter, Vol. 13, No. 7, July 1997, pp. 153-155

( " Those clubs sell some travel services directly; with other services, they resell some other organization'sprogram...or provide ID that gets members a special price when they buy directly from some other supplier...Whether they promote by snail mail or the Internet, shady operators can easily assemble the ingredients of a conventional travel club. Half- price hotel directories are available at very lost cost. Any agency can find a source of consolidator air tickets, and any agency can set up a lowcost telephone based operation that rebates a portion of its commission ").

⁴³⁷ See Travel Law, § 5.05, supra.

⁴³⁸ See Dickerson, The Licensing and Regulation of Travel Sellers in the United States, Aviation Quarterly, [1998]TAQ 47- 63, January 1998, p. 48 (

"...consumers need to be protected from increasingly complex, misleading and deceptive travel scams. Recently, the Federal Trade Commission [FTC] and the Attorneys General of California, Connecticut, Florida, Illinois, Massachusetts, Michigan, New York, North Carolina, Ohio, Vermont, Washington and Wisconsin took legal action against a variety of travel scam operators. ' Travel has long been a fertile field for flimflam, but what had been a cottage industry has lately mushroomed into a growth industry...the FTC and the attorneys general of 12 states estimated the cost of travel related fraud at more than $12 billion a year...Travel fraud comes in many more packages than it used to ' " ).

See also: F.T.C. v. Commonwealth Marketing Group, Inc., 1999 WL 816726 ( W.D. Pa. 1999) ( telemarketers engaging in consumer fraud; violation of Telemarketing Sales Rule ).

⁴³⁹ Id.

⁴⁴⁰ See Travel Law, § 5.07(1), supra.

⁴⁴¹ See Travel Industry Act, Rev. Stat. Ontario, 1990, Ch. T.19, Ontario Reg. 806/93. The regulation of travel sellers in Ontario is administered by the Travel Industry Council of Ontario, 1200 May Street, Suite 1100, Toronto, Ontario, M5R 2A5, Canada. See also: Lipton, Compensation Funds And Bankruptcy Of Travel And Tour Operators In Canada, 2000 International Travel Law Journal 24.

⁴⁴² See Cordato, Australian Travel and Tourism Law, Third Edition, 1999, Butterworths, Chapter 12

( " From late 1986, all travel agents in New South Wales, Victoria, South Australia became licensed under a Travel Agents Act passed by their respective State Parliaments... Tasmania introduced a Travel Agents Act in 1987, Queensland introduced a Travel Agents Act in 1988...The Acts are similar in each State...( the Acts have three purposes )
1. To set standards of experience and qualifications for members of the travel industry, in licensing requirements for travel agents and tour operators, and to set professional standards in management and marketing for travel agents.
2. To set continuing financial requirements for travel agents in conducting their business as travel agencies.
3. To protect the public's money by setting up a Travel Compensation Fund to compensate the public where the public's moneys has been lost through the default of a travel agent or tour operator." );

Atherton & Atherton, Tourism, Travel and Hospitality Law, LBC Information Services 1998, p. 265

( " Australian travel agents are governed by the general law of agency as well as a special Australian-wide regulatory arrangement called the Cooperative Scheme for the Uniform Regulation of Travel Agents ( the Scheme ). The Scheme is designed to protect consumers by ensuring the competence, integrity, financial standing and business practices of travel agents and by compensating those consumers who nevertheless lose. There are two limbs to the Scheme: Licensing system for travel agents under uniform State and Territory legislation; Travel Compensation Fund..under the industry sponsored traveller compensation scheme" ).

⁴⁴³ See Israeli Business Law ( Kluwer, The Hague, 1997 ), Fosman, Chapter 15, Law of Tourism.

⁴⁴⁴ See Ikegami, Travel Agency Law In Japan ( unpublished paper ( 1998 ) by Assistant Professor Toshio Ikegami, Faculty of Law, Teikyo University, Toyko, Japan )

("In Japan travel agencies are regulated under the Travel Agency Law amended in 1995...The purposes of this Law are to maintain fair practices in the travel agency business, to promote security in travel and to increase travelers' convenience, by implementing a system of registration of persons operating a travel agency, ensuring their fair practices in business and encouraging proper activities of their organizations " ).

⁴⁴⁵ See Travel Law, § 5.02[10], supra, for a discussion of the E.C. Package Holiday Travel Directive of 1990. See also Grant and Mason, Holiday Law, 2d Edition ( Sweet & Maxwell 1998 )( discussion of tour operators and travel agents in the United Kingdom ); Yaqub and Bedford, European Travel Law ( John Wiley & Sons, Chichester, 1997 )( discussion of suppliers, tour operators and travel agents in the European Community ).

⁴⁴⁶ European Travel Law, supra, Chapter 6.

⁴⁴⁷ Id. Chapter 7. See also Storm and Hvelplund, Tourism And Travel Organiser Bankruptcy- The Danish Travel Guarantee Fund Act, Part One, The International Travel Law Journal, Issue Three 1998, p. 137

( " The proposed legislation was intended to ensure that customers were guaranteed not only transport back to their home from the place of destination but also a refund of any money paid in advance " ).

⁴⁴⁸ .Id. Chapter 8

⁴⁴⁹ Id. Chapter 9.

⁴⁵⁰ Id. Chapter 11.

⁴⁵¹ Id. Chapter 12.

⁴⁵² Id. Chapter 13.

⁴⁵³ Id. Chapter 14.

⁴⁵⁴ Id. Chapter 15.

⁴⁵⁵ Id. Chapter 16.

⁴⁵⁶ Id. Chapter 17.

⁴⁵⁷ Id. Chapter 18; Holiday Law, supra.

⁴⁵⁸ See Neilan v. Value Vacations, Inc., 605 F. Supp. 1227 ( S.D.N.Y. 1985 )( class of 8,000 travelers certified ); 116 F.R.D. 431 ( S.D.N.Y. 1987 )( partial summary judgment against escrow bank for mismanagement ); In Re Arrow Air, Inc., 85 Bankr. Rep. 886 ( S.D. Fla. 1988 )( global settlement approved ).

⁴⁵⁹ See e.g., E.A. McQuade Travel Agency v. Domeck, 190 So. 2d 3 ( Fla. App. 1966 )( cruise line out of business ); Slade v. Cheung & Risser Enterprises, Inc., 10 Pa. D.& C. 3d 627 ( Pa. C.P. 1979 )( cruise line out of business ).

⁴⁶⁰ See e.g.,

Second Circuit: Barkanic v. General Administration of Civil Aviation, 923 F. 2d 957 ( 2d Cir. 1991 )( two Americans killed in plane crash in China; damages limited under Chinese law to a maximum of $20,000 ).

State Courts:

Arizona: Wendelken v. Superior Court, 137 Ariz. 455, 671 P. 2d 896 ( 1983 )( slip and fall in Mexico during vacation; Mexican law limited wage loss damages to 25 pesos per day ).

But see:

Third Circuit: Abercrombie & Kent International, Inc. v. Carlson, 1989 U.S. Dist. LEXIS 4469 ( E.D. Pa. 1989 )( aircraft chartered by tour operator crashes in Kenya; under Kenyan law tour operator liable for torts of independent contractors; $3 million settlement of claims ).

⁴⁶¹ See Dickerson, Laws Leave Passengers Shipwrecked, National Law Journal, May 29, 1995, p. B9

( " The unpleasant reality of modern-day cruising, however, is that passengers' rights and cruise ships' responsibilities are governed not by modern, consumer-oriented common and statutory law, but by 19^th century legal principals, the purpose of which is to insulate the maritime industry from legitimate claims of passengers " ).

⁴⁶² See e.g.,

Third Circuit: D'Amato v. Horizon Holidays, Inc., 1997 U.S. Dist. LEXIS 19120 ( D.N.J. 1997) ( slip and fall at Gatwick Airport while boarding bus; disclaimer enforced ).

Sixth Circuit: Sova v. Apple Vacations, 984 F. Supp. 1136 ( S.D. Ohio. 1997 )( scuba diving accident during tour; disclaimer enforced ).

Seventh Circuit: Dow v. Abercrombie & Kent International, Inc., 2000 U.S. Dist. LEXIS 7290 ( E.D. Ill. 2000 )( tourists on Kenya safari assaulted and robbed at night while camping in Oloolo Escarpment in the Masai Mara reserve; disclaimer enforced ).

Eighth Circuit: Catalano v. N.W.A. Inc., 1998 WL 777023 ( D. Minn. 1998 )( hotel guest raped by employee during sailing excursion on a two person sunfish sailboat; disclaimer enforced ); Rawlins v. Clipper Cruise Line, 1998 American Maritime Cases 1260 ( E.D. Mo. 1998 )( accident during shore excursion; disclaimer enforced ).

Ninth Circuit: Dubret v. Holland America Line Westours, Inc., 25 F. Supp. 2d 1151 ( W.D. Wash. 1998 )( accident during shore excursion; disclaimer enforced ); Ramage v. Forbes International Inc., 987 F. Supp. 810 ( C.D. Cal. 1997 )( accident during motorcoach tour; disclaimer enforced ).

Tenth Circuit: Brooks v. Timberline Tours, Inc., 941 F. Supp. 959 ( D. Colo. 1996 )( accident during snowmobile tour; disclaimer enforced ).

Eleventh Circuit: Bryant v. Cruises, Inc., 6 F. Supp. 2d 1314 ( N.D. Ala. 1998 )( fall down ship's stairwell; disclaimer enforced ).

State Courts:

Connecticut: Davies v. General Tours, Inc., 1999 Conn. Super. LEXIS 2387 ( Conn. Super. 1999 )( bus accident in Morocco; disclaimer enforced ).

Florida: Travent, Ltd. v. Schecter, 718 So. 2d 939 ( Fla. App. 1998 )( accident during bike tour; disclaimer enforced ).

Massachusetts: MacIntosh v. Interface Group, 1999 Mass. Super. LEXIS 3 ( Mass. Super. 1999) ( unruly tour participant removed from charter aircraft; disclaimer enforced ).

Minnesota: Powell v. Trans Global Tours, Inc., 594 N.W. 2d 252 ( Minn. App. 1999 )( tour participant leans on hotel rail and falls off balcony; disclaimer enforced ).

New York: Smith v. New Rochelle Travel Agency, Inc., 656 N.Y.S. 2d 340 ( N.Y. App. Div. 1997 )( tour participant jumps from ship during booze cruise and drowns; disclaimer enforced ).

But see:

Ninth Circuit: Courtney v. Pacific Adventures, Inc. 5 F. Supp. 2d 874, recon. denied 27 F. Supp. 2d 1223 ( D. Hawaii 1998 )( 46 USC 183c applies to scuba dive injury and prohibits releases for negligence ).

Eleventh Circuit: Turnbough v. Ladner, 1999 WL 1126591 ( D. Miss. 1999 )( scuba diving release not enforced ).

See also: Brown, Exculpatory Release: Can Scuba Diving Shops protect themselves from liability when United States Law is applied, 2000 International Travel Law Journal, pp. 42-49.

⁴⁶³ After decades of efforts to raise the liability limits of the Warsaw Convention for death and physical injuries the D.O.T. approved an Agreement Relating To Liability Limitations Of The Warsaw Convention ( D.O.T. Order 97-1-2 ( January 10, 1997 ) whereby signatories accept " absolute liability up to 100,000 Special Drawing Rights and presumptive liability above that " ( Kriendler, Goodbye to Liability Limitations, New York Law Journal, February 20, 1997, p. 3 ).

⁴⁶⁴ See 46 U.S.C. § 183b. Physical injury claims must be filed within six months and sued upon within one year ( Denicola v. Cunard Line, Ltd., 642 F. 2d 5 ( 1^st Cir. 1981 )). As for non- physical injury claims much shorter time limitations may be enforced ( Anschul v. Sitmar Cruises, Inc., 67 F.R.D. 455 ( N.D. Ill. 1974 ), aff'd 544 F. 2d 1364 ( 7^th Cir. 1976 ), cert. denied 429 U.S. 907 ( 1976 )( 15 day notice of claim requirement enforced ). In addition, maritime law preempts state consumer protection laws regarding contract print size ( Lerner v. Karageorgis Lines, Inc., 66 N.Y. 2d 479, 484, 497 N.Y.S. 2d 894, 488 N.E. 2d 824 ( 1985 )( New York's consumer protection statute requiring consumer contracts to be in 10 point type preempted by maritime law ).

⁴⁶⁵ See Duvall v. Ritz Carlton Hotel, 946 F. 2d 418 ( 5^th Cir. 1991 )( jewelry theft at hotel; Californiahotel liability statute enforced ).

⁴⁶⁶ See Fontan de Maldonado v. Lineas Aereas Costaricenses, 22 CCH Aviation Cases 18,339 ( D.P.R. 1990 )( passenger denied entry because of no visa; airline tariffs disclaiming liability enforced ).

⁴⁶⁷ See Liberty Bank v. Bankamerica National Trust Co., 1995 U.S. Dist. LEXIS 20999 ( S.D.N.Y. 1995 ); Neilan v. Value Vacations, Inc., 116 F.R.D. 431 ( S.D.N.Y. 1987 ); In re Arrow Air, Inc., 86 Bankr. Rep. 886 ( S.D. Fla. 1988 )( global settlement of Neilan claims ).

⁴⁶⁸ See Grigsby v. O.K. Travel, 118 Ohio App. 3d 671, 693 N.E. 2d 1142 ( 1997 ).

⁴⁶⁹ MacLachlin v. Marriott Corp., New York Law Journal, January 18, 1994, p. 29, col. 1 ( N.Y. Sup. ).

⁴⁷⁰ Id. In MacLachlin the Marriott Corporation operated an Honored Guest Program which gave the plaintiff a free vacation to the Cairo Marriott Hotel & Casino. In its capacity as a tour operator Marriott Corporation could be held to a higher standard of care under U.S. law. See also Grimes, If you fall off a camel, do you sue?, Conde Nast Traveler, June 1993, p. 26.

Compare: Paredes v. Princess Cruises, Inc., 1 F. Supp. 2d 87 ( D. Mass. 1998 )( tour operator may be liable for injuries sustained during ground tour in Egypt ).

⁴⁷¹ The tour operator's insurance company settled this action for, approximately, $850,000.

⁴⁷² Cornell University's Laboratory of Ornithology sponsored a birdwatching tour of Costa Rica. During the tour the Marenco Biological Station offered the participants a snorkeling expedition to El De Cano. Cornell's tour guides joined the tour participants and were present when one of the birdwatchers drowned. The liability of Cornell was premised, in part, upon a sponsor's liability ( see e.g., McAleer v. Smith, 860 F.Supp. 924 ( D.P.R. 1994 )( American Sail Training Association sponsored race in which sail trainees drowned when vessel capsized )); Glenview Park District v. Melhus, 540 F. 2d 1321 ( 7th Cir. 1976 )( park district sponsored canoe trip down river during which canoeist drowned ); Gottesfeld v. The Center for Modern Psychoanalytic Studies, Inc., 113 Misc. 2d 937, 448 N.Y.S. 2d 916 ( 1980 )( misrepresented tour for psychiatrists in Kenya )). At trial Cornell obtained a judgment in its favor. See Mayer v. Cornell University, Inc., 909 F. Supp. 81 ( N.D.N.Y. 1995 ), aff'd 107 F. 3d 3 ( 2d Cir. 1997 ), cert. denied 118 S. Ct. 68 ( 1997 ).

⁴⁷³ See Maurer v. Cervenik-Anderson Travel, Inc., 181 Ariz. 294, 890 P. 2d 69 ( 1994 ). Compare: Knoell v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 394, 890 P. 2d 861 ( 1995 )( student jumps to death from balcony after consuming alcoholic beverages for three days; negligent exposure to risk ).

⁴⁷⁴ See Wong Mee Wan v. Kwan Kin Travel Serices, Ltd., [ 1995 ] 4 All ER 745, 746.

⁴⁷⁵ See Philippe v. Lloyd's Aero Boliviano, 589 So. 2d 536 ( La. App. 1992 ); 710 So. 2d 807 ( La. App. 1998 )( judgment for defendants ).

⁴⁷⁶ See Dold v. Outrigger Hotel, 501 P. 2d 368 ( Hawaii 1972 ) ( hotel overbooking as tortious breach of contract ).

⁴⁷⁷ See Touhey v. Trans National Travel, Inc., 47 Pa. D. & C. 3d 250 ( Pa. C.P. 1987 )( tour operator misrepresented hotel accommodations ).

⁴⁷⁸ See Barton v. Wonderful World of Travel, Inc., 28 Ohio Misc. 2d 6, 502 N.E. 2d 715 ( 1986 )( failure to investigate conditions at hotel 30 days prior to departure ); Touhey v. Trans National Travel, Inc., 47 Pa. D. & C. 3d 250 ( Pa. C.P. 1987 )( $25,000 in general damages ).

⁴⁷⁹ See Marcus v. Zenith Travel, Inc., New York Law Journal, November 19, 1990, p. 25, col. 3 ( N.Y. Sup. 1990 ), aff'd 178 A.D. 2d 370, 577 N.Y.S. 2d 820 ( 1991 )( travel agent has duty to keep informed on reports of financial instability of tour operator; must reveal all information relevant to travel contract ); Odysseys Unlimited, Inc. v. Astral Travel Services, 77 Misc. 2d 502, 354 N.Y.S. 2d 88 ( 1974 )( failure to investigate track record of hotel in honoring reservations ).

⁴⁸⁰ See McFadden v. Staley, 687 So. 2d 357 ( Fla. App. 1997 ) ( certification granted to class of sick restaurant patrons who consumed adulterated food during a four day period ); Reis v. Club Med, Inc., 81 A.D. 2d 793, 429 N.Y.S. 2d 127 ( 1981 ), appeal dismissed 54 N.Y. 2d 753 ( 1981 )( tainted water at Club Med village )

⁴⁸¹ See Bentkowski v. Marfuerza Compania Maritima, S.A., 70 F.R.D. 401 ( E.D. Pa. 1976 ); D'Amico v. Sitmar Cruises, Inc., 109 Cal. App. 323, 167 Cal. Rptr. 254 ( 1980 ).

⁴⁸² See Dorin v. Club Med, Inc., Index. No: 4777/82 ( N.Y. Sup. 1982 )( consumer contracted typhoid fever at resort and sued, among others, her travel agent alleging failure to ascertain the need for medical shots prior to vacationing in Haiti ).

⁴⁸³ The Federal Department of Health and Human Services conducts and reports upon monthly sanitary inspections of cruise ships touching U.S. ports. These reports are available upon request.

⁴⁸⁴ See Trip Tour, Ltd. v. Zamani, 22 CCH Aviation Cases 17,425 ( N.Y. Civ. 1989 )( travel agent failed to reveal the risks of using charter tour operators; failed to independently verify that air carrier would provide transportation as part of package tour ).

⁴⁸⁵ See Klakis v. Nationwide Leisure Corp., 73 A.D. 2d 521, 422 N.Y.S. 2d 407 ( 1979 ).

⁴⁸⁶ See Rodriquez v. Cardona Travel Bureau, 216 N.J. Super. 226, 523 A. 2d 281 ( 1986 ).

⁴⁸⁷ See Prechtl v. Travel House of Garden City, 17 CCH Aviation Cases 17,182 ( N.Y. Civ. 1980 ), modified 17 CCH Aviation Cases 17,183 ( N.Y. App. Term. 1981 ).

⁴⁸⁸ See Fontan de Maldonado v. Lineas Aereas Costaricenses, 22 CCH Aviation Cases 18,339 ( D.P.R. 1990 )( tariffs insulated air carrier from liability for failure to advise passenger of need for vias ).

⁴⁸⁹ See Levin v. Kasmnir World Travel, Inc., 143 Misc. 2d 245, 540 N.Y.S. 2d 639 ( 1989 )( travel agent liable for failing to advise of need for vias to enter China ).

⁴⁹⁰ See McCartney v. Windsor, Inc., 1996 U.S. Dist. LEXIS 1623 ( E.D. Pa. 1996 ).

⁴⁹¹ See Elsis v. Trans World Airlines, Inc., 1989 N.Y. Misc. LEXIS 899 ( N.Y. Sup. 1989 ).

⁴⁹² See Abercrombie & Kent International, Inc. v. Carlson, 1989 U.S. Dist. LEXIS 4469 ( E.D. Pa. 1989 ).

⁴⁹³ See Lyall v. Airtran Airlines, Inc., 2000 WL 1100845 ( E.D. Pa. 2000 ).

⁴⁹⁴ See Winter v. I.C. Holidays, Inc., New York Law Journal, January 9, 1992, p. 23, col. 4 ( N.Y. Sup. 1992 )( tourists injured in an accident in Mali involving a tour bus owned by an insolvent company and driven by an unlicenced and uninsured driver ).

⁴⁹⁵ See Elsis v. Trans World Airways, 22 CCH Aviation Cases 17,806 ( N.Y. Sup. 1989 ).

⁴⁹⁶ See Love v. Maritz, Inc., NO. CV 96-07104, Arizona Superior Court, Maricopa County.

⁴⁹⁷ See Varey v. Canadian Helicopters Limited, No: 95-13755-18 ( Fla. Cir. Ct. Broward County ).

⁴⁹⁸ See Tourists Mutiny Over Holiday In Hell, Reuters, November 2, 1998.

⁴⁹⁹ See Fleming v. A.A.A., 2000 La. App. LEXIS 1761 ( La. App. 2000 ).

⁵⁰⁰ See

Third Circuit: D'Amato v. Horizon Holidays, Inc., 1997 U.S. Dist. LEXIS 19120 ( D.N.J. 1997) ( slip and fall at Gatwick Airport while boarding bus; disclaimer enforced ).

Sixth Circuit: Sova v. Apple Vacations, 984 F. Supp. 1136 ( S.D. Ohio. 1997 )( scuba diving accident during tour; disclaimer enforced ).

Seventh Circuit: Dow v. Abercrombie & Kent International,

Inc., 2000 U.S. Dist. LEXIS 7290 ( E.D. Ill. 2000 )( tourists on Kenya safari assaulted and robbed at night while camping in Oloolo Escarpment in the Masai Mara reserve; disclaimer enforced ).

Eighth Circuit: Catalano v. N.W.A. Inc., 1998 WL 777023 ( D. Minn. 1998 )( guest raped by hotel employee during sailing excursion on a two-person sunfish sailboat; disclaimer enforced ); Rawlins v. Clipper Cruise Line, 1998 American Maritime Cases 1260 ( E.D. Mo. 1998 )( accident during shore excursion; disclaimer enforced ).

Ninth Circuit: Dubret v. Holland America Line Westours, Inc., 25 F. Supp. 2d 1151 ( W.D. Wash. 1998 )( accident during shore excursion; disclaimer enforced ); Ramage v. Forbes International Inc., 987 F. Supp. 810 ( C.D. Cal. 1997 )( accident during motorcoach tour; disclaimer enforced ).

Tenth Circuit: Brooks v. Timberline Tours, Inc., 941 F. Supp. 959 ( D. Colo. 1996 )( accident during snowmobile tour; disclaimer enforced ).

Eleventh Circuit: Bryant v. Cruises, Inc., 6 F. Supp. 2d 1314 ( N.D. Ala. 1998 )( fall down ship's stairwell; disclaimer enforced ).

State Courts:

Connecticut: Davies v. General Tours, Inc., 1999 Conn. Super. LEXIS 2387 ( Conn. Super. 1999 )( bus accident in Morocco; disclaimer enforced ).

Florida: Travent, Ltd. v. Schecter, 718 So. 2d 939 ( Fla. App. 1998 )( accident during bike tour; disclaimer enforced ).

Massachusetts: MacIntosh v. Interface Group, 1999 Mass. Super. LEXIS 3 ( Mass. Super. 1999) ( unruly tour participant removed from aircraft; disclaimer enforced ).

Minnesota: Powell v. Trans Global Tours, Inc., 594 N.W. 2d 252 ( Minn. App. 1999 )( tour participant leans on hotel rail and falls off balcony; disclaimer enforced ).

New York: Smith v. New Rochelle Travel Agency, Inc., 656 N.Y.S. 2d 340 ( N.Y. App. Div. 1997 )( tour participant jumps from ship during booze cruise and drowns; disclaimer enforced ).

But see

Third Circuit: Abercrombie & Kent International, Inc.,v. Carlson Marketing Group, 1989 U.S. Dist. LEXIS 4469 ( E.D. Pa. 1989 )( tour operator hired Kenyan air carrier to transport tourists; aircraft crashes and under Kenyan law tour operator is responsible for negligence of independent contractors ).

⁵⁰¹ See Dickerson, Tour Operators And Air Carriers: Modern Theories of Liability, Aviation Quarterly [ 1996-1997 ] TAQ 124 October 1996, p. 124.

⁵⁰² Pau v. Yosemite Park and Curry Co., 928 F. 2d 880, 883 ( 9^th Cir. 1991 )( bike rider killed in National Park ).

⁵⁰³ Bergonzine v. Maui Classic Charters, 1995 A.M.C. 2628 ( D. Hawaii )( crew failed to assist 350lb. passenger who broke ankle disembarking ).

⁵⁰⁴ See Elsis v. Trans World Airlines, Inc., 1989 N.Y. Misc. LEXIS 899 ( N.Y. Sup. 1989 ).

⁵⁰⁵ Glenview Park District v. Melhus, 540 F. 2d 1321 ( 7^th Cir. 1976 ).

⁵⁰⁶ See McCartney v. Windsor, Inc., 1996 U.S. Dist. LEXIS 1623 ( E.D. Pa. 1996 ).

⁵⁰⁷ Rovinsky v. Hispanidad Holidays, Inc., 180 A.D. 2d 673, 580 N.Y.S. 2d 49 ( 1992 )( bus accident in Spain ).

⁵⁰⁸ See Chan v. Society Expeditions, Inc., 123 F. 3d 1287, 1997 A.M.C. 2713, 2718 ( 9^th Cir. 1997 )( raft capsized in the surf in Tahiti ), pet. dismissed 118 S. Ct. 906 ( 1998 ).

⁵⁰⁹ See

Second Circuit: Passero v. DHC Hotels And Resorts, Inc., 1996 WL 931767 ( D. Conn. 1996 )( slip and fall on flotation mat at pool at Aruba hotel; brochure language

" service from pre-trip to post-trip " is not a guarantee " that TNT on-site representatives will protect plaintiff from injuring herself under all circumstances " ).

Eighth Circuit: Catalano v. N.W.A. Inc., 1998 WL 777023 ( D. Minn. 1998 )( guest raped by hotel employee; brochure language " Worry-Free Vacations " is " mere puffing...( and ) not a guarantee of no harm " ).

Eleventh Circuit: Bryant v. Cruises, Inc., 6 F. Supp. 2d 1314 ( N.D. Ala. 1998 )( passenger falls down ship's stairwell; tour operator did not guarantee a safe trip ).

State Courts:

Connecticut: Davies v. General Tours, Inc., 1999 Conn. Super. LEXIS 2387 ( Conn. Super. 1999 )( passenger injures ankle alighting from tour bus; language in brochure touting duties of tour escort " mere puffing and advertisement rhetoric and not a guarantee " ).

⁵¹⁰ Stevenson v. Four Winds Travel, Inc., 462 F. 2d 899, 907 ( 5^th Cir. 1972 ).

⁵¹¹ See e.g.,

Ninth Circuit: Courtney v. Pacific Adventures, Inc., 5 F. Supp. 2d 874, recon. denied 27 F. Supp. 2d 1223 ( D. Hawaii 1998 )( scuba dive guide may be liable as agent for passenger's dive injuries; release rejected under 46 USC 183c ); Tancredi v. Dive Makai Charters, 823 F. Supp. 778 ( D. Hawaii 1993 )( scuba diver drowns; negligence in conducting dive )

State Courts:

Louisiana: Philippe v. Lloyd's Aero Boliviano,710 So. 2d 807 ( La. App. 1998 )( airline passenger sustained cerebral hemorrhage from faulty depressurization; judgment for defendants ).

New York: Neville v. Anglo American Management Corp., 191 A.D.2d 240, 594 N.Y.S. 2d 747, 748 ( 1993 )( negligent supervision by chaperone )).

⁵¹² See e.g.,

First Circuit: Paredes v. Princess Cruises, Inc., 1 F. Supp. 2d 87 ( D. Mass. 1998 )( tour operator may be liable for tour van accident in Egypt ).

Third Circuit: McCartney v. Windsor, Inc., 1996 U.S. Dist. LEXIS 1623 ( E.D. Pa. 1996 )( brochure states that tour operator is responsible for supplying motorcoach that has accident in England killing one passenger ).

Ninth Circuit: Shaw v. Delta Airlines, Inc., 798 F. Supp. 1453, 1468 ( D. Nev. 1993 )( " Delta's actions have effectively managed to equate Skywest with Delta in the minds of the traveling public " );

State Courts:

New York: Jacobson v. Princess Hotels International, Inc., 101 A.D. 2d 757, 475 N.Y.S. 2d 849 ( 1984 )( slip and fall at hotel ); Elsis . Trans World Airways, 22 CCH Aviation Cases 17,807-17,808 ( N.Y. Sup. 1989 )( tour described as " TWA Getaway " ).

Texas: Casey v. Sanborn's Inc. of Texas, 478 S.E. 2d 234 ( Tex. App. 1972 )( rental car accident in Mexico ).

⁵¹³ See

Connecticut: Davies v. General Tours, Inc., 1999 Conn. Super. LEXIS 2387 ( Conn. Super. 1999 )( brochure stated that " Receipt Tours: our partner agency in Morocco will be happy to assist you since you are traveling with General Tours "; no evidence of a partnership or joint venture ).

⁵¹⁴ See e.g., Winter v. I.C. Holidays, Inc., New York Law Journal, January 9, 1992, p. 23, col. 4 ( N.Y. Sup. 1992 ) ( tour bus accident; tour operator may be liable for selecting tour bus company that was insolvent ).

⁵¹⁵ See e.g.,

Third Circuit: Lyall v. Airtran Airlines, Inc., 2000 WL 1100845 ( E.D. Pa. 2000 )( travel and tour operator have duty to investigate safety record and select appropriate travel providers for their clients ); McCartney v. Windsor, Inc., 1996 U.S. Dist. LEXIS 1623 ( E.D. Pa. 1996 )( tour operator and travel agent have duty to investigate safety record of British bus company ); Miller v. Group Voyagers, Inc., 912 F. Supp. 164 ( E.D. Pa. 1996 )( tour operator failed to reveal to consumers unsanitary conditions at one hotel and rash of thefts at another hotel ).

⁵¹⁶ See e.g., Grigsby v. O.K. Travel, 118 Ohio App. 3d 671, 693 N.E. 2d 1142 ( 1997 )( travel agent fails to disclose that tour operator not authorized to do business in the State ).

⁵¹⁷ See e.g., McAleer v. Smith, 860 F. Supp. 924 ( D.R.I. 1994 ) ( sailboat trainees drown after vessel capsizes; sponsor had duty to select vessels which were seaworthy, properly manned and safe for racing ).

⁵¹⁸ See Coles v. Jenkins, 34 F. Supp. 2d 381 ( W.D. Va. 1998 ).

⁵¹⁹ See

Second Circuit: Passero v. DHC Hotels And Resorts, Inc., 1996 WL 931767 ( D. Conn. 1996 )( slip and fall on flotation mat at Aruba hotel; tour operator conducted proper investigation of hotel's safety record before selecting it for tour package ).

Third Circuit: Plinio v. Americana Aruba Beach Resort, 1998 U.S. Dist. LEXIS 22107 ( D.N.J. 1998 )( slip and fall in bathtub in Aruba hotel; no proof of negligent selection of hotel by tour operator; no prior complaints ).

Seventh Circuit: Dow v. Abercrombie & Kent International, Inc., 2000 U.S. Dist. LEXIS 7290 ( E.D. Ill. 2000 )( tourist assaulted and robbed while camping during Kenya Safari; no duty to protect because of a lack of foreseeability ).

⁵²⁰ See e.g.,

First Circuit: Thomalen v. Marriott Corp., 880 F. Supp. 74 ( D. Mass. 1995 )( negligent design of Murder Mystery Weekend tour during which participant was burned when fire-eating act exploded in flame ); McAleer v. Smith, 860 F. Supp. 924 ( D.R.I. 1994 ).

Third Circuit: Miller v. Group Voyagers, Inc., 1996 WL 32119 ( E.D. Pa. 1996 );

Fourth Circuit: Coles v. Jenkins, 34 F. Supp. 2d 381 ( W.D. Va. 1998 )( tour operator may be liable for selecting an unsafe highway for a bike tour during which participant was killed by legally blind driver ).

Seventh Circuit: Glenview Park District v. Melhus, 540 F. 2d 1321 ( 7^th Cir. 1976 ).

⁵²¹ See

Louisiana: Philippe v. Lloyd's Aero Boliviano, 710 So. 2d 807 ( La. App. 1998 )( failure to prove that tour operator exposed passenger to unreasonable risk of altitude illness ).

⁵²² See e.g., Elsis v. Trans World Airways, 22 CCH Aviation Cases 17,806 ( N.Y. up. 1989 ); Shaw v. Delta Airlines, Inc., 798 F. Supp. 1453 ( D. Nev. 1993 ); Walton v. Fujita Tourist Enterprises Co., Ltd., 19 CCH Aviation Cases 18,101 ( Minn. App. 1986 ).

⁵²³ See e.g.,

Seventh Circuit: Dow v. Abercrombie & Kent International, Inc., 2000 U.S. Dist. LEXIS 7290 ( N.D. Ill. 2000 )( tourists assaulted and robbed while camping in Kenya; tour operator did not assume duty to protect tourists from isolated, random acts of theft and assault ).

⁵²⁴ See Elsis v. Trans World Airlines, Inc., 1989 N.Y. Misc. LEXIS 899 ( N.Y. Sup. 1989 ).

⁵²⁵ See Jacob v. Greve, 251 Ill. App. 3d 529, 622 N.E. 2d 81 ( 1993 ).

⁵²⁶ See Lachina v. Pacific Best Tour, Inc., 1995 U.S. Dist. LEXIS 20157 ( S.D.N.Y. 1996 ).

⁵²⁷ See Cohen v. Heritage Motor Tours, 618 N.Y.S. 2d 384 ( N.Y. App. Div. 1994 ).

⁵²⁸ Touhey v. Trans National Travel, Inc., 47 Pa. D. & C. 3d 250 ( Pa. C.P. 1983 )( $25,000 pain and suffering damages ).

⁵²⁹ Vick v. National Airlines, Inc., 16 CCH Aviation Cases 18,404 ( La. App. 1982 )( $2,500 each of couple who suffered from missed flight ).

⁵³⁰ Semrod v. Mexicana Airlines, 22 CCH Aviation Cases 17,747 ( D.N.J. 1991 )( overbooking; $3,000 awarded for intangible pleasure of a 24 hour vacation day ).

⁵³¹ See Pelegrini v. Landmark Travel Group, 165 Misc. 2d 589, 628 N.Y.S. 2d 1003 ( 1995)

⁵³² See Das v. Royal Jordanian Airlines, 766 F. Supp. 169 ( S.D.N.Y. 1991 )( passenger wait listed; $1000 for emotional distress inflicted upon passenger ).

⁵³³ See Dickerson, Class Actions : The Law of 50 States, Law Journal Press, 1981-2000, p. 1-23.

"With the exception of Mississippi and Virginia, every state has enacted some form of rule of civil procedure which directly pertains to class action litigation. In addition, some states have enacted consumer protection statutes which set forth class action procedural rules applicable to cases arising from unfair and deceptive trade practices and/or false advertising."

⁵³⁴ See Rule 23 of the Federal Rules of Civil Procedure.

⁵³⁵ See Spaareboom, Class Actions Australian Directions, Phillips Fox 1997, Adelaide

( "Class actions are becoming an increasingly common feature of the Australian legal landscape...Example(s) ...are the US Dalkon Shield litigation, the silicon implant litigation both in the United States and Australia, and on the local front, peanut butter and NSW oyster actions...salmonella outbreaks..." )

⁵³⁶ The Province of Quebec enacted a class action statute in 1978. See Report on Class Actions, Ontario Law Reform Commission (1982) pp. 70-76.

⁵³⁷ See Sutherland v. Canadian Red Cross Society, 17 O.R. 3d 645, 21 C.P.C. 3d 137 ( Gen. Div. 1994 )( certification denied to mass tort brought by persons infected with HIV from tainted blood supplies ).

⁵³⁸ See Sullivan, A Guide to the British Columbia Class Proceedings Act, Butterworths, Toronto, 1997.

⁵³⁹ See Toteja v. British Airways, 1999 U.S. Dist. LEXIS 17374 ( D. Md. 1999 ).

⁵⁴⁰ 7. See Broin v. Philip Morris Company, 641 So. 2d 888 ( 1994 )( certification granted ).

⁵⁴¹ See Koczara v. Wayne County, Index No. 99-900422, Wayne Cty. Cir. Ct., Michigan ( certification granted ); Schomer v. Northwest Airlines, Inc., Index No: 99-903531, Wayne Cty. Cir. Ct., Michigan ( certification granted ).

See also:

Ninth Circuit: Daniel v. Virgin Atlantic Airways Limited, 59 F. Supp. 2d 986 ( N.D. Cal. 1998 )( 25 hours flight delay; common law claims covered by Warsaw Convention ).

State Courts:

New York: Liechtung v. Tower Air, Inc., New York Law Journal, January 11, 1999, p. 34, col. 3 ( N.Y. Sup. )( flight misrepresented as " non-stop " stops over in Paris causing a 2 hour and 16 minute delay in arriving in Tel Aviv; certification granted ); Parra v. Tower Air, Inc., New York Law Journal, July 22, 1999, p. 30, col. 1 ( N.Y. Sup. )( class action alleging air carrier violated D.O.T. regulations [ 14 C.F.R. Part 250 ] in overbooking passengers dismissed as preempted by the Airline Deregulation Act ).

⁵⁴² See Neilan v. Value Vacations, Inc., 605 F. Supp. 1227 ( S.D.N.Y. 1985 )( certification granted ).

⁵⁴³ See e.g.,

District of Columbia Circuit: Adelman v. UAL, Inc., 25 CCH Aviation Cases 17,709 ( D.C.D.C. 1996 )( passenger's state law overbooking class action dismissed; no federal question jurisdiction).

State Courts:

New York: Parra v. Tower Air, Inc., New York Law Journal, July 22, 1999, p. 30, col. 1 ( N.Y. Sup. ).

⁵⁴⁴ See Mendelson v. Trans World Airlines, Inc., 18 CCH Aviation Cases 17,166 ( N.Y. Sup. 1983 )( overbooking; certification denied ).

⁵⁴⁵ See Musson Theatrical, Inc. v. Federal Express Corp., 25 CCH Aviation Cases 17,519 ( 6^th Cir. 1996 )( fraud claims dismissed as preempted by the Airline Deregulation Act ).

⁵⁴⁶ See Greeley v. KLM Royal Dutch Airlines, 85 F.R.D. 697 ( S.D.N.Y. 1980 )( air carrier misrepresents its liability for lost jewelry; certification denied ).

⁵⁴⁷ See Cruz v. American Airlines, Inc., 193 F. 3d 526 ( D.C.D.C. 1999 ).

⁵⁴⁸ See In re Domestic Air Transportation Antitrust Litigation, 137 F.R.D. 677 ( N.D. Ga. 1991 )( certification granted ).

⁵⁴⁹ See In re North Atlantic Air Travel Antitrust Litigation, Index No: 84-1013, D.C.D.C.

⁵⁵⁰ See In re Airline Ticket Commission Antitrust Litigation, 25 CCH Aviation Cases 17,900 ( D. Minn. 1997 ).

⁵⁵¹ See Johnson v. American Airlines, Inc., 25 CCH Aviation Cases 17,269 ( Ill. App. 1996) ( claims not preempted by the Airline Deregulation Act ).

⁵⁵² See Howell v. Alaska Airlines, Inc., 994 P. 2d 901 ( Wash. App. 2000 ).

⁵⁵³ See Blackner v. Continental Airlines, Inc., 311 N.J. Super. 10, 709 A. 2d 258 ( 1998 ).

⁵⁵⁴ See

Minnesota: Leonard v. Northwest Airlines, Inc., 605 N.W. 2d 425 ( Minn. App. 2000 )( passengers challenge $75 reissue fee for booking a later flight on a nonrefundable ticket ).

Texas: Boon Insurance Agency v. American Airlines, Inc., 2000 Tex. App. LEXIS 2024 ( Tex. App. 2000 ).

⁵⁵⁵ See Chase v. Northwest Airlines Corp., 49 F. Supp. 2d 553 ( E.D. Mich. 1999 ).

⁵⁵⁶ See

Second Circuit: Lehman v. USAIR Group, Inc., 1996 WL 391873 ( S.D.N.Y. 1996 ).

Fifth Circuit: Sigmon v. Southwest Airlines Company, 25 CCH Aviation Cases 18,116 ( 5th Cir. 1997 ).

Seventh Circuit: Statland v. American Airlines, Inc., 24 CCH Aviation Cases 17,603 ( 7th Cir. 1993 ); Kaucky v. Southwest Airlines Co., 25 CCH Aviation Cases 18,055 ( 7^th Cir. 1997 ) ( claims dismissed; passengers seeking tax refund which can only be recovered from government).

Ninth Circuit: Brennan v. Southwest Airlines Company, 26 CCH Aviation Cases 15,377 ( 9th Cir. 1998 ).

State Courts:

New York: Strategic Risk Management, Inc. v. Federal Express Corp., 686 N.Y.S. 2d 35 ( N.Y. App. Div. 1999 ).

⁵⁵⁷ See Blackner v. Continental Airlines, 311 N.J. Super.10, 709 A. 2d 258 ( 1998 )( claims dismissed as preempted by Airline Deregulation Act ).

⁵⁵⁸ See Neilan v. Value Vacations, Inc., 116 F.R.D. 431 ( S.D.N.Y. 1987 )( partial summary judgment for class of passengers ).

See also:

Eleventh Circuit: In re Arrow Air, Inc., 85 Bankr. Rep. 886 ( S.D. Fla. 1988 )( global settlement of class action against charter air carrier, escrow banks and tour operator for stranding of passengers ).

⁵⁵⁹ See Forde v. Anjoy Travel Ltd., 16 CCH Aviation Cases 18,134 ( S.D.N.Y. 1982 )( changes in tour itinerary and hotel accommodations; certification denied ).

⁵⁶⁰ See Howell v. Alaska Airlines, Inc., 99 Wn. App. 646, 994 P. 2d 901 ( 2000 ).

⁵⁶¹ See

Second Circuit: Petitt v. Celebrity Cruises, Inc., 1999 U.S. Dist. LEXIS 9403 ( S.D.N.Y. 1999 )( passengers become ill and require medical treatment ).

Third Circuit: Bentkowski v. Marfuerza Compania Maritima, S.A., 70 F.R.D. 401 ( E.D. Pa. 1976 )( certification granted ).

⁵⁶² See Hernandez v. The Motor Vessel Skyward, 61 F.R.D. 558

( S.D. Fla. 1973 ), aff'd 502 F. 2d 1278 ( 5^th Cir. 1975 ).

⁵⁶³ See In re Horizon Cruises Litigation, 2000 U.S. Dist. LEXIS 7246 ( S.D.N.Y. 2000 )( punitive damages appropriate in Legionnaires Disease class actions ); Freeman v. Celebrity Cruises, Inc., 1994 WL 689809 ( S.D.N.Y. 1994 )( certification granted ).

⁵⁶⁴ See Stobaugh v. Norwegian Cruise Line Limited, 5 S.W. 3d 232 ( Tex. App. 1999 ).

⁵⁶⁵ See Mullen v. Treasure Chest Casino, LLC, 186 F. 3d 620 ( 5^th Cir. 1999 )( certification granted ).

⁵⁶⁶ See e.g.,

Second Circuit: Desmond v. Holland America Cruises, N.V., 1981 A.M.C. 211 ( S.D.N.Y. 1981) ( port skipping; certification denied ).

Third Circuit: Casper v. Cunard Line Ltd., 560 F. Supp. 240 ( E.D. Pa. 1983 )( itinerary changes; certification denied ).

State Courts:

New York: Simon v. Cunard Line Ltd., 75 A.D. 2d 283, 428 N.Y.S. 2d 952 ( 1980 )( itinerary changes; certification denied ); Yollin v. Holland America Cruises, Inc., 468 N.Y.S. 2d 873 ( N.Y. App. Div. 1980 )( port skipping; tolling ).

⁵⁶⁷ See Charleston-Coad v. Cunard Line Ltd., Index No. 95 Civ. 1325 (HB)( S.D.N.Y. ).

⁵⁶⁸ See Kornberg v. Carnival Cruises Lines, Inc., 741 F. 2d 1332 ( 11^th Cir. 1984 )( certification granted ).

⁵⁶⁹ See Simon v. Cunard Line Ltd., 75 A.D. 2d 283, 428 N.Y.S. 2d 952 ( 1980 )( certification denied ).

⁵⁷⁰ See Casper v. Cunard Line, Ltd., 560 F. Supp. 240 ( E.D. Pa. 1983 )( certification denied).

⁵⁷¹ See e.g.,

Second Circuit: Charleston-Coad v. Cunard Line Ltd., Index No. 95 Civ. 1325 (HB) ( S.D.N.Y. ).

Third Circuit: Donnelly v. Klosters Rederi A/S, 515 F. Supp. 5 ( E.D. Pa. 1981 )( dismissed;forum non conveniens).

State Courts:

New York: Gottlieb v. March Shipping Passenger Services, 67 A.D. 2d 879, 413 N.Y.S. 2d 679 ( 1979 )( certification denied ).

⁵⁷² See Cronin v. Cunard Line Limited, Index No. 115899/96 ( N.Y. Sup. May 20, 1997 )( complaint dismissed; time limitations in cruise contract enforced ), aff'd 672 N.Y.S. 2d 864 ( N.Y. App. Div. 1998 ).

See also:

Florida: Latman v. Costa Cruise Lines, N.V., 2000 WL 121896 ( Fla. App. 2000 )( certification granted ); Premier Cruise Lines, Ltd. v. Picaut, 746 So. 2d 1132 ( Fla. App. 1999 ) ( certification appropriate ); Renaissance Cruises, Inc. v. Glassman, 738 So. 2d 436 ( Fla. App. 1999 ) ( certification granted ).

Washington: Pickett v. Holland America Line, Index No. 39791-5-1 ( Wash. App. Feb. 20, 1997) ( time limitations governed by Washington consumer protection statute and not maritime law).

⁵⁷³ See Cada v. Costa Line, Inc., 93 F.R.D. 95 ( N.D. Ill. 1981 )( certification granted in prior order; claims by class members who settled with cruise line dismissed ).

⁵⁷⁴ See Charleston-Coad v. Cunard Line Ltd., Index No. 95 Civ. 1325 (HB)(S.D.N.Y.).

⁵⁷⁵ See e.g.,

Third Circuit: Peters v. National Railroad Passenger Corp., 966 F. 2d 1483 ( 3d Cir. 1992 )( train crash; settlement notice proper ); Sala v. National Railroad Passenger Corp., 120 F.R.D. 494 ( E.D. Pa. 1993 )( train crash; certification granted );Daye v. Commonwealth of Pennsylvania, 344 F. Supp. 1337 ( E.D. Pa. 1972 )( bus crash; certification denied ).

State Courts:

Indiana: In re: Train Collision at Gary, Indiana on January 18, 1993, 670 N.E. 2d 902 ( Ind. App. 1996 )( train crash ).

⁵⁷⁶ See Colligan v. Activities Club of New York, Ltd., 442 F. 2d 686 ( 2d Cir. 1971 )( certification denied ).

⁵⁷⁷ See Cotchett v. Avis Rent A Car System, Inc., 56 F.R.D. 549 ( S.D.N.Y. 1972 )( certification denied ).

⁵⁷⁸ See Daar v. Yellow Cab Co., 67 Cal. 2d 695, 62 Cal. Rptr. 724, 422 P. 2d 732 ( 1967 )( certification granted ).

⁵⁷⁹ See e.g.,

California: Lazar v. The Hertz Corp., 143 Cal. App. 3d 128, 191 Cal. Rptr. 849 ( 1983 )( certification granted ).

New York: Weinberg v. The Hertz Corp., 69 N.Y. 2d 979, 516 N.Y.S. 2d 652 ( 1987 )( certification granted ).

⁵⁸⁰ See People v. Alamo Rent A Car, Inc., 174 Misc. 2d 501, 664 N.Y.S. 2d 714 ( 1997 ).

⁵⁸¹ See Rental Car of New Hampshire v. Westinghouse Electric Corp., 496 F. Supp. 373 ( D. Mass. 1980 )( certification granted in part ).

⁵⁸² See Wiener v. Avis Rent A Car, 318 So. 2d 565 ( Fla. App. 1975 )( certification denied ).

⁵⁸³ See Agosto v. Leisure World Travel, Inc., 36 Ohio App. 2d 213, 304 N.E. 2d 910 ( 1973) ( certification granted ).

⁵⁸⁴ See In re Federal Skywalk Cases, 93 F.R.D. 415 ( W.D. Mo. 1982 ),rev'd680 F. 2d 1175 ( 8^th Cir. 1983 )( certification denied ).

⁵⁸⁵ See McFadden v. Staley, 687 So. 2d 357 ( Fla. App. 1997 )( certification granted ).

⁵⁸⁶ See Reis v. Club Med, Inc., 81 A.D. 2d 793, 439 N.Y.S. 2d 127 ( 1981 )( certification denied ).

⁵⁸⁷ See Joachim v. Crater Lake Lodge, Inc., 276 Or. 875 ( Ore. Sup. 1976 )( contraction of " crater lake crud "; certification denied ).

⁵⁸⁸ See Irving Trust Company v. Nationwide Leisure Corp., 95 F.R.D. 51 ( S.D.N.Y. 1982 )( certification granted ).

⁵⁸⁹ See Smith v. Atlas International Tours, 80 A.D. 2d 762, 436 N.Y.S. 2d 722 ( 1981 ).

⁵⁹⁰ See King v. Club Med, Inc., 76 A.D. 2d 123, 430 N.Y.S. 2d 65 ( 1980 )( certification granted ).

⁵⁹¹ See Dupack v. Nationwide Leisure Corp., 79 A.D. 2d 568, 417 N.Y.S. 2d 63 ( 1970 )( summary judgment denied ).

⁵⁹² See Guadagno v. Diamond Tours & Travel, Inc., 89 Misc. 2d 697, 392 N.Y.S. 2d 783 ( 1976 )( certification granted ).

⁵⁹³ In re Hotel Telephone Charges, 500 F. 2d 86 ( 9^th Cir. 1974 )( certification denied ).

⁵⁹⁴ See In re Hawaiian Hotel Room Rate Antitrust Litigation, 438 F. Supp. 936 ( D. Hawaii 1977 )( consolidation of five class actions ).

⁵⁹⁵ See Archibald v. Cinerama Hotels, 126 Cal. Rptr. 811, 544 P. 2d 947 ( 1976 ).

⁵⁹⁶ See F.T.C. v. Paradise Palms Vacations Club, Index No. C911160V ( W.D. Wash. 1981 )( advertising for resort time shares focused on availability of Hawaiian condos when only 20% of total time shares condos were in Hawaii ).

⁵⁹⁷ See Breslerman v. Dortem, Inc., 320 So. 2d 442 ( Fla. App. 1975 )( a portion of the leased condo recreation property was located beyond the mean high water mark; certification denied ).

⁵⁹⁸ See Key Club Associates v. Shannon Hotel Group, Inc., 718 So. 2d 346 ( Fla. App. 1998).

⁵⁹⁹ See

California: Charpentier v. Los Angeles Rams, 75 Cal. App. 4th 301, 89 Cal. Rptr. 2d 115 ( 1999 ).

Ohio: Beder v. Cleveland Browns, Inc., 129 Ohio App. 3d 188, 717 N.E. 2d 716 ( 1998 )( certification granted ).

⁶⁰⁰ See Bickett v. Buffalo Bills, Inc., 122 Misc. 2d 880, 472 N.Y.S. 2d 245 ( 1983 ).

⁶⁰¹ See Skalbania v. Simmons, 443 N.E. 2d 352 ( Ind. App. 1982 ) ( certification granted ).

⁶⁰² See Strauss v. Long Island Sports, Inc., 60 A.D. 2d 501, 401 N.Y.S. 2d 233 ( 1978 )( certification denied ).

⁶⁰³ See Castillo v. Tyson, 701 N.Y.S. 2d 423 ( N.Y. App. Div. 2000 ).

⁶⁰⁴ See Anderson v. Regents Of University Of California, 203 Wis. 2d 469, 554 N.W. 2d 509 ( 1996 ).

⁶⁰⁵ See Meachum v. Outdoor World Corp., 171 Misc. 2d 354, 654 N.Y.S. 2d 240 ( 1996 )( certification denied ).

⁶⁰⁶ See Shomberg v. Club Med, Inc., New York Law Journal, June 1, 1978, p. 10, col. 2 ( N.Y. Sup. 1978 )( certification denied ).

⁶⁰⁷ See Reis v. Club Med, Inc., 81 A.D. 2d 793, 439 N.Y.S. 2d 127 ( 1981 )( certification denied ).

⁶⁰⁸ See Irving Trust Co. v. Nationwide Leisure Corp., 95 F.R.D. 51 ( S.D.N.Y. 1982 )( certification granted ).

⁶⁰⁹ See Neilan v. Value Vacations, 605 F. Supp. 1227 ( S.D.N.Y. 1985 )( certification granted ).

⁶¹⁰ See e.g.,

Second Circuit: Irving Trust Company v. Nationwide Leisure Corp., 95 F.R.D. 51 ( S.D.N.Y. 1982 )( certification granted ).

Seventh Circuit: F.T.C. v. World Travel Vacation Brokers, Inc., 761 F. Supp. 68 ( N.D. Ill. 1991).

⁶¹¹ See e.g.,

Second Circuit: Forde v. Anjoy Travel, Ltd., 16 CCH Aviation Cases 18,134 ( S.D.N.Y. 1982 )( certification denied ).

State Courts:

New York: Spatz v. Wide World Travel Services, Inc., 70 A.D. 2d 835, 417 N.Y.S. 2d 62 ( 1979).

⁶¹² See Smith v. Atlas International Tours, 80 A.D. 2d 762, 436 N.Y.S. 2d 722 ( 1981 ).

⁶¹³ See Guadagno v. Diamond Tours & Travel, Inc., 89 Misc. 2d 697, 392 N.Y.S. 2d 783 ( 1976 )( certification granted ).

⁶¹⁴ See e.g.,

Second Circuit: Neilan v. Value Vacations, Inc., 116 F.R.D. 431 ( S.D.N.Y. 1987 )( failure to segregate consumer funds; partial summary judgment awarded ).

Third Circuit: MCA Travel v. Wilbur Savings & Loan, 94-CV- 5020 (JHR) ( D.N.J. Dec. 14, 1995) ( mismanagement of consumer deposits; certification granted ).

⁶¹⁵ See In re Arrow Air, Inc., 85 Bankr. Rep. 886 ( S.D. Fla. 1988 )( global settlement ).

⁶¹⁶ See Neilan v. Value Vacations, Inc., 21 CCH Aviation Cases 18,319 ( S.D.N.Y. 1989 ).

⁶¹⁷ See Dickerson, Class Actions: The Law of 50 States, Law Journal Press, 1981-2000, Section 9.01[3][c]. Web Page at http://members.aol.com/class50/index.html.

⁶¹⁸ See In re Domestic Air Transportation Antitrust Litigation, 137 F.R.D. 671 ( N.D. Ga. 1991 )( certification granted ).

⁶¹⁹ See Geelan v. Pan American World Airways, Inc. 15 CCH Aviation Cases 18,356 ( N.Y. Sup. 1980 ),aff'd83 A.D. 2d 538, 441 N.Y.S. 2d 474 ( 1981 )( flight coupons equal in value to the money lost when consumers stranded ).

⁶²⁰ See In re Cuisinart Food Processor Antitrust Litigation, 1983-2 CCH Trade Cases 65,680 ( D. Conn. 1983 ).

⁶²¹ See Langford v. Bombay Palace Restaurants, 1991 US Dist. LEXIS 4730 ( S.D.N.Y. 1991 )( coupons could be redeemed at 30% of face value ).

⁶²² See Weinstein, "The Love/Hate Dynamics: Coupons Issued By Manufacturers " 71 Progressive Grocer 117 ( May 1992 ).

⁶²³ See Dunk v. Ford Motor Company, 48 Cal. App. 4th 1794, 56 Cal. Rptr. 2d 483 ( 1996) ( settlement of coupons redeemable for $400 off price of new vehicle approved; estimated coupon redemption by 65,000 creating a settlement value of $26 million unrebutted by objectors ).

⁶²⁴ See In re Cuisinart Food Processor Antitrust Litigation, 1983-2 CCH Trade Cases 65,680 ( D. Conn. 1983 ).

⁶²⁵ See Feldman v. Quick Quality Restaurants, Inc., New York Law Journal, July 22, 1983, p. 12, col. 4 ( N.Y. Sup. )( settlement provided for the issuance of food coupons with a minimum value of fifty cents, which defendants were required to keep issuing and distributing to consumers until the agreed upon face value of the settlement was reached ).

⁶²⁶ See e.g.,

California: Dunk v. Ford Motor Company, 48 Cal. App. 4th 1794, 56 Cal. Rptr. 2d 483 ( 1996) ( coupons redeemable for twelve months for $400 off purchase price of new vehicles ).

Illinois: Gordon v. Boden, No.9 CH 6531 ( Ill. Cir. Ct. Cook Co. July 14, 1995 )( vouchers providing cash refund of $1.32 upon submission of two proofs of purchase have a one year redemption period ).

⁶²⁷ See Branch v. Crabtree, Index No. 15822/89, N.Y. Sup. West. Cty. Oct. 31, 1995.

⁶²⁸ See In re General Motors Corp. Pickup Truck Fuel Tank Products Liability Litigation, 1995 WL 223208 ( 3d Cir. April 17, 1995 )( $1,000 coupons for purchase of truck; settlement of little benefit to class members but generated $4 million in legal fees ).

⁶²⁹ See Dunk v. Ford Motor Company, 48 Cal. App. 4th 1794, 56 Cal. Rptr. 483 ( 1996 )( coupon settlement approved; fee application of $985,000 based upon a percentage of an estimated value of redeemed coupons of $26 million rejected; percentage method of awarding fees should only be used when common value is certain or an easily calculable sum of money ).

⁶³⁰ See Aburime v. Northwest Airlines, Inc., No. 3-89-402 ( D. Minn. Aug. 16, 1991 )( cash and $200,000 in non-transferable credit for travel ).

⁶³¹ See http://members.aol.com/travellaw/index.html

⁶³² See http://members.aol.com/class50/index.html

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Class Action Litigation Information

A Service of Timothy E. Eble, P.A.