In this week’s article we examine once again the duties and responsibilities of travel agents and tour operators in selecting responsible foreign travel services providers. In Giampietro v. Viator, Inc. and TripAdvisor LLC, 2015 U.S. Dist. LEXIS 132225 (E.D. Pa. 2015) it was noted that Megan and Samuel Giampietro, residents of Pennsylvania, “are suing defendants Viator, Inc. and TripAdvisor LLC in connection with a scooter accident that happened while they were on vacation in Italy”. The defendants made a motion to dismiss on the grounds that, inter alia, TripAdvisor and Viator owed Megan Giampietro no duty of care.
Nganyari Hukum Perjalanan
World Terror Report
San Bernardino, California
In Nagourney, Masood & Schmidt, Killers Were Long Radicalized, F.B.I. Investigators Say, nytimes.com (12/7/2015) it was noted that “The couple who carried out the deadly attack that killed 14 people here last week had long been radicalized and had been practicing at a target range days before their murder spree, the Federal Bureau of Investigation said Monday…’As the investigation has progressed, we have learned and believe that both subjects were radicalized and have been for quite some time’, David Bowdich. The F.B.I. assistant director in charge of the Las Angeles field office, said at a news conference here”. In Medina, Perez-Pena, Schmidt & Goodstein, F.B.I. Treats San Bernardino Attack as Possible Terrorism Case, nytimes.com (12/3/2015) it was noted that “The couple who the police say killed 14 people and left 21 wounded here had stockpiled thousands of rounds of ammunition and a dozen homemade pipe bombs on their home…a sign that they might have been planning future attacks. The F.B.I. is treating the Wednesday shooting as a potential terrorist act, though the agency is far from concluding that it was”.
In Baker, A Nation Wonders When Bloodshed Becomes Terrorism, nytimes.com (12/3/2015) it was noted that “The attackers assembled a bristling arsenal of guns and bombs…The authorities were still trying to piece together enough information on Thursday to answer that question, looking at the main gunman’s travels to the Middle East, searching for any contacts with extremist groups, examining his life for evidence of radicalization”.
Kairo, Mesir
In New Terror attack on popular Cairo restaurant, www.eturbonews.com (12/4/2015) it was noted that “It has the ingredients of another terror attack in Egypt. This time Molotov cocktails exploded at a Cairo restaurant killing 18 people on Friday”.
Sharm el-Sheikh, Mesir
In What a disaster! The tourism ghost town of Sharm el-Sheikh, Egypt, www.eturbonews.com (12/1/2015) it was noted that “This Egyptian beach town is, or better was, one of the major diving and holiday destinations in the world…The cost for a vacation in Sharm El Sheikh may be lower than staying at home… (However this) is Sharm el-Sheikh where airport security may have overlooked a bomb smuggle(d) on a recent Russian airliner causing a tragic crash, bringing a wonderful holiday to a tragic deadly end-thanks to ISIS. The incident is tragic-as tragic as Paris, Lebanon, Tunis and Brussel. The tourism world is paralyzed by the fear of terror”.
Istanbul, Turki
In Pipe bomb attack in Istanbul: Metro service suspended, www.eturbonews.com (12/1/2015) it was noted that “Metro services were halted in Istanbul Tuesday evening after a pipe bomb went off near a metro strop injured five people”.
Thailand
In Thailand: Russian tourists in danger?, www.eturbonews.com (12/4/2015) it was noted that “Russian travelers vacationing in Thailand may be in danger according to Moscow’s Federal Security Service…The Russian agency has warned Thailand about a group of 10 militants from the self-styled Islamic State has entered the Kingdom to target Russians”.
Russian Tourism Blacklist Growing
In Russia: India no longer ‘safe travel destination’, www.eturbonews.com (11/28/2015) it was noted that “In a second blow to Goa’s tourism industry which was already reeling from a reduction in arrivals due to the devaluation of the ruble, India has been struck off the list of safe travel destinations recommended for Russian tourists, according to a report by the Russian news agency INTERFAX…In a statement on Saturday, the Russian information center in Goa stated that a revised travel advisory had been issued following the blacklisting of Egypt and Turkey…Among the destinations now identified as ‘safe’ are Cuba, south Vietnam and southern China”.
Thailand Aviation Safety Issues
In FAA applies new category to THAI Airways due to not complying with ICAO safety standards, www.eturbonews.com (12/1/2015) it was noted that “The (FAA) today announced that the Kingdom of Thailand does not comply with (ICAO) safety standards and has been assigned a Category 2 rating based on a reassessment of the country’s civil aviation authority…A Category 2 International Aviation Safety Assessment (IASA) rating means that the country either lacks laws or regulations necessary to overseas air carriers in accordance with minimum international standards, or its civil aviation authority-a body equivalent to the FAA for aviation safety matters-is deficient in one or more areas, such as technical expertise, trained personnel, record-keeping, or inspection procedures. With a Category 2 rating, Thailand’s carriers can continue existing service to the United States. They will not be allowed to establish new service to the United States”.
Air Asia Crash Investigation
In Air Asia safety fault crashed Airbus A320 killing 162, www.eturbonews.com (12/1/2015) it was noted that “The Indonesian investigation concluded: The crashed Air Asia A320 crashed into the Java Seas on December 28 last year, less than halfway into a two-hour flight…A flight control computer had a cracked solder joint that malfunctioned repeatedly, including four times during the flight, and 23 times the previous year…Indonesian investigators said on Tuesday that crew action caused a loss of control and the stalling of an Air Asia passenger jet that crashed into the Java Sea last year, killing all 162 aboard… Flight crew action resulted in the inability to control the aircraft, causing the aircraft to depart from the normal flight plan. The situation caused a prolonged stall condition that was beyond the capability of the flight crew to recover”.
Uber Drivers In Florida
In Ampel, Florida: Uber Drivers Are Contractors, Not Employees, law.com (12/3/2015) it was noted that “Uber drivers in Florida will be considered independent contractors rather than employees, the Florida Department of Economic Opportunity determined Thursday in a victory for the app-based ridesharing company. The decision reverses an earlier state decision and marks Florida’s stance in a debate facing government agencies and courts across the country as Uber becomes ubiquitous”,
Uber Driver Tips
In Kendall, Chen Certifies Class Challenging Uber Over Tips, The Recorder (12/2/2015) it was noted that “A federal judge (in Ehret v. Uber Technologies, Inc., Case No. 14-cv-00113-EMC, Order dated December 2, 2015 (N.D. Cal.)) on Wednesday allowed Uber Technologies Inc. passengers to proceed on a class basis with claims that target the company’s tips policy. U.S. District Judge Edward Chen of the Northern District of California certified a class of UberTAXI passengers who received a 2013 email explaining that they would be charged an automatic 20 percent gratuity for their rides. Plaintiffs claim that email led them to believe the entire tip went to their drivers, when in reality Uber kept half”.
Uber Rape Case Defense
In Todd, Uber Turns to Familiar Defense in Rape Suit, The Recorder (12/4/2015) it was noted that “In a suit brought by two women who allege they were sexually assaulted by (Uber) drivers, the company’s lawyers are raising a familiar defense. In court papers filed late Thursday, Uber claims that it shouldn’t be held liable for the drivers’ actions because ‘they were not employees of Uber’, echoing previous defenses the company has put forward in other suits”.
The Anti-Uber Alliance
In Isaac, Lyft Joins With Asian Rivals to Compete With Uber, nytimes.com (12/3/2015) it was noted that “The anti-Uber global alliance of ride-hailing companies has now officially taken shape. On Thursday, Lyft, a ride-hailing start-up based in the United States, announced a coalition with GrabTaxi, Ola and Didi Kuaidi, three of the largest ride-hailing companies in Asia. Under a partnership, the companies can operate in one another’s home countries, forging new pathways for each in markets they have yet to tap into”.
One Year Living Airbnb
In Roberts, Our Year of Living Airbnb, nyti.ms/1HntmBC (11/25/2015) it was noted that “Alistair Cooke once described New York as ‘the biggest collection of villages in the world’ and I dreamed of living in them all. That wanderlust, rather than my work as an academic physicist or diplomat, had compelled me to move constantly between continents with my wife…for more than 15 years. Last fall, we decided to follow her art career as a painter and sculptor to New York…Here was my chance to live the dream. I proposed that we do an experiment and move to a different neighborhood every month for a year. We would find apartments using Airbnb…And my wish to village-hop aside, I wondered if Airbnb could fundamentally alter the way we live, not just the way we travel…With the sharing economy, a home-free lifestyle is now becoming accessible to normal people, not just the super-rich. And as lout there as living this way may sound today, the city is replete with shareable stuff that was initially seen as bizarre: Uber and City Bike, for instance…Elaine will tell you the constant change has honed her awareness of passing time and that she still prefers living this way to navigating the city’s brutal rental market…So although our experimental year has passed, our address is still Airbnb”.
Hotel Review Skeptic
Review Skeptic (reviewskepic.com) asserts that it “is based on research at Cornell University (news.cornell.edu/stories/July11/OpinionSpam.html) that uses machine learning to identify fake hotel reviews with nearly 90% accuracy. Learn more about the research at the Cornell Chronicle…and the New York Times (nytimes.com/2011/08/20/technology/finding-fake-reviews-online.html)”.
No Pets As Checked Baggage
In Yamanouchi, Delta to stop accepting pets as checked baggage, airport.blog.ajc.com (11/16/2015) it was noted that “Delta Air Lines says it will no longer accepts pets as checked baggage effective March 1, 2016….pets can still travel in the passenger cabin, except for in business class known as Delta One. Pets can still be shipped via Delta Cargo-though that can be costly and less convenient. Rates range from $193 to $1,481.18″.
Yelp Beats Lawsuit Over False Reviews
In Todd, Yelp Beats Back Securities Suit Over False Reviews, law.com (11/25/2015) it was noted that “A federal judge on Tuesday threw out a shareholder suit that accused Yelp Inc. Of misleading investors about the reliability of its reviews and how they’re filtered…finding that the company had ‘explicitly and implicitly’ acknowledges that some reviews weren’t authentic. “Those acknowledgments, along with a common-sense understanding of what it means for a website to host user-generated content, demonstrates that no reasonable investor, could have understood defendants’ statements to mean that Yelp reviews were authentic’ (Judge Jon Tigar) wrote”. www.eturbonewssitus
Travel Law Article: The Scooter Case
“Megan and Samuel Giampietro (allege that) Viator, Inc. And TripAdvisor LLC ‘are corporations engaged in the business of providing travel related services and tours through their websites which also include reviews of ravel related destinations and tours’ (and that) the defendants’ ‘business model is an internet based travel services company whose services are sold to customers wherein the point of sale is at the customer’s location’ and that the defendants ‘provided side tours in various locations throughout the world, including the placement of its customers with tour operators’”.
Janji
“The Giampietros booked a vacation to Italy through Viator… At Viator’s ‘suggestion/recommendation’ they also booked the ‘Chianti Small Group Vespa Tour’…Viator’s advertisement for this tor stated that it would have no more than ten people, involve travel on quiet and scenic roads and begin with a thirty minute orientation session on how to safely rise a Vespa”.
The Burning Reality
“On June 30, 2013, while on their vacation, the Giampietros began their Vespa tour in Florence, Italy. Florencetown Vespa ran the tour. The tour was not as advertised–there were in fact about twenty people, travel was mainly on busy roads with heavy two-way traffic and no shoulders, and the orientation lasted only ten minutes. While on the tour Megan’s Vespa stalled twice, but the tour conductor told he that her Vespa ‘would be okay’ and that she should continue to use it. When Megan’s Vespa stalled a third time, she fell and sustained serious injuries, including third degree burns, a loss of consciousness, injuries to her lips and eyes and a concussion”.
Biaya kasebut
“The Giampietros…allege that Viator and, by dint of successor liability, TripAdvisor (which purchased Viator) are liable for Megan’s injuries…because they failed to use reasonable care in selecting local tour providers; failed to warn the Giampietros of the unsafe conditions and dangers of the Vespa tour; failed to select a competent tour provider; negligently misrepresented the tour; failed to provide proper control and supervision of the tour; negligently selected Florencetown Vespa as the tour provider; failed to investigate the operations and conduct of the your provider; and continued to place customers with Florencetown Vespa operators after learning of problems with is scooters and that the tours were conducted on heavily trafficked road”.
Travel Agent’s Duty Of Care
“TripAdvisor and Viator argue that they are not travel agents and therefore owed no duty of care to Megan…The Giampietros argue that Viator advertises itself as a travel agency, Viator referred to the Vespa tour the Giampietros booked as ‘their product’, and both defendants ‘hold themselves out as the world’s leading resource for researching, finding and booking the best travel experiences worldwide’”.
Pennsylvania Law
“Pennsylvania law imposes some duty of care on travel agents, which may include selecting appropriate travel providers and conducting reasonable investigations of the travel providers they book (citing Lyall v. Airtran Airlines, Inc., 109 F. Supp. 2d 365, 370 (E.D. Pa. 2000) citing Slade v. Cheung & Risser Enter., Inc., 10 Pa. D. & C. 3d 627 (C.P.Cumb.Cty. 1979)(travel agent may be liable for selling tourists “a Great Lakes cruise on a ship that was impounded for failing a safety inspection…the travel agent had chosen the cruise out of a reference book and had made no inquiry as to the ‘responsibility, financial or otherwise, of the ship or cruise line’”); Touhey v. Trans Nat’l Travel Inc., 47 Pa. D. & C. 3d 250 (C.P.Phila.Cty. 1983)(travel agent failed to investigate recommended accommodations at hotel still under construction); Loretti v. Holiday Inns, Inc., 1986 WL 5339 (E.D. Pa. 1986)(tourist assaulted while walking on beach near her hotel in the Bahamas; “a gravel agent has a duty to disclose reasonably obtainable material information to its client”); McCartney v. Windsor, Inc., 1996 WL 65471 (E.D. Pa. 1996)(tour bus accident in England; travel agent may be liable for negligent selection of a tour)).
kaputusan ing
“The complaint characterizes defendants are owning and operating ‘a travel and tour service’ and providing ‘side tours in various locations throughout the world…’. The Giampietros aver that upon Viator’s recommendation, they booked the Vespa tour in Florence, but the tour was not as advertised…Accepting the factual allegations in their complaint as true, the Giampietros booked some portion of their vacation in Italy through Viator, including the ill-fated Vespa tour, and relied upon Viator’s characterization of the tour when selecting it… (Therefore the complaint states a) facially plausible claim to relief against Viator for breach of a duty of care it owed to the Giampietros as a travel agent”.
Panulis, Justice Dickerson, wis nulis babagan Hukum Perjalanan suwene 39 taun kalebu buku hukum sing diupdate saben taun, Law Travel, Law Journal Press (2015) lan Litigating International Torts in US Courts, Thomson Reuters WestLaw (2015), lan luwih saka 350 sah artikel Kanggo warta lan perkembangan hukum lelungan tambahan, utamane ing negara anggota Uni Eropa, waca IFTTA.org.
Artikel iki ora bisa direproduksi tanpa idin saka Thomas A. Dickerson.
