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



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 .

Table Of Contents

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 12th 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 18th 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 18th 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 ( 9th 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 ( 1st 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 ( 7th Cir. 1976 ).

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

153 Chan v. Society Expeditions, Inc., 123 F. 2d 1287 ( 9th 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 ( 11th 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 ( 8th 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 ( 1st 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 ( 7th 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 ( 9th 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 ( 9th 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 ( 7th 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 ( 1st Cir. 1997 ).

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

272 Wilson v. American Trans Air, Inc., 874 F. 2d 386 ( 7th 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 ( 7th Cir. 1990 ).

280 Morton v. De Oliviera, 984 F. 2d 289 ( 9th 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 ( 5th Cir. 1999 ).

290 Lehman v. Humphreys Cayman Ltd., 713 F. 2d 339 ( 8th 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 ( 8th 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 ( 3rd 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 ( 9th 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 ( 5th Cir. 1972 ).

355 Sanders v. Nabila Tours & Cruises, No. AO79884 ( Cal. App. 1st 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 ( 1st 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 ( 5th Cir. 1981 ).

373 Krys v. Lufthansa German Airlines, 1997 WL 450150 ( 11th 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 ( 1st 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 ( 8th 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 ( 7th Cir. 1990 ).

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

389 Reid-Walen v. Hansen, 933 F. 2d 1390 ( 8th 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 ( 9th 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 ( 7th 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 ( 7th 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 19th 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 ( 1st 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 ( 7th 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 ( 5th 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 ( 9th 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 ( 7th 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 ( 9th 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 ( 5th 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 ( 7th 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 ( 6th 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 ( 7th 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 ( 5th 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 ( 5th 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 ( 11th 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 ( 8th 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 ( 9th 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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