Tourism & Sports

Tourism & Sports

While tourism continues to grow, the problems faced by injured tourists and the lawyers seeking redress for them do not diminish. The Tourism EEG aims to help exchange information and knowhow to assist lawyers acting in sports, tourism and travel claims.

Philip Banks is Chair of PEOPIL’s Sports and Tourism European Exchange Group (EEG) and is a Partner in the UK Law firm Irwin Mitchell.

Philip heads up a team in their UK International Travel Litigation Group. He acts for clients who have been injured in accidents while they are travelling or working abroad, or for foreign nationals who have accidents in the UK. Many of the clients who Philip represents have sustained serious, and in some cases, life-changing injuries in all kinds of accidents including coach crashes, accidents in hotels and accidents at work.

The Sports and Tourism EEG holds a bi-annual conference and its members regularly exchange information about International Travel claims and current updates in EU cross-border litigation with likeminded Lawyers. This is an excellent group for networking with fellow travel lawyers and for cooperating on cross-border cases.

In all cross-border cases, co-operation with lawyers from other jurisdictions is essential and building up relationships can make a huge difference to the outcome of such cases.

Philip Banks, Chair of the PEOPIL Tourism & Sports EEG


EC Regulations

REGULATION  concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004

Regulation 2027 / 1997 – Air carrier liability in the event of accidents

Regulation 323/1999 – TicketsRegulation 261 / 2004 – Denied Boarding / Delays


Case law

Air France v Saks – U.S. Supreme Court

King v Bristow Helicopters


90/314/EEC- The Package Travel Directive

Regulation 90/314/EEC introduced a regime for regulating rights and duties relating to Package Travel, Package Holidays and Package Tours. Member states have implemented the regulations and in some members states their effect has been profound.

The PEOPIL Tourism EEG is keen to gather the implementing legislation used in the various states which can then be used not only as a data base for PEOPIL members but also to consider comparative law issues in this field. PEOPIL members are invited to forward to Wolfgang Resch a copy of the legislation implementing directive 90/314/EEC in their jurisdiction.

Likewise, if there are any Court decisions in relation to Regulation 90/314 that may be of interest to members of the Tourism EEG please forward details to Wolfgang Resch.

Key issues which are of interest to members of the Tourism EEG include how the courts interpret:

  • The meaning of a “Package” – in particular the meaning of “pre arranged” and “inclusive price” (see regulation …)
  • The effect of regulation 15(2) Does this create strict liability subject to the statutory defences? If not how does the liability regime function?
  • The application of international or other standards in assessing whether there has been a breach of the regulations?
  • Some of the most important cases from the European Court and English Court are available if you click on the following links.


European Court - Key cases

Club Tour Vaigens e Tourismo S.V. v A.C. Lobo Goncalves Garrido


Maritime Claims

Personal injury claims arising from International Carriage by Sea are largely governed by the Athens Convention and related legislation. If any anybody has any materials which they think may be of interest to members of the Travel and Tourism EEG in relation to maritime claims please provide details to Clive Garner at clive.garner@irwinmitchell.com

Materials which may be of interest:


Athens Convention and related protocols

Athens Convention 1974

Athens Convention 1976 Protocol

Athens Convention 1990 Protocol

Athens Convention 1996 Protocol


Other conventions

Convention on limitation of liability for Maritime claims 1976

Convention on International Regulations for Preventing Collisions at Sea 1972


Anticipated reforms

The international Conference on the revision of the Athens Convention took place in London in 2002. The agreed revisions in the form of the 2002 Protocol are not yet in force and will not come into force until 12 months after such time as 10 State Parties signify their acceptance. Amongst other things, any revisions are likely to increase the personal injury damages limitations.


Skiing and Leisure pursuit claims

The conduct of skiers is governed by the rules of the International Ski Federation and a link to the rules can be found below:

http://www.fis-ski.com/uk/rulesandpublications/fisgeneralrules/10fisrules.html

 

If you would like to become a member of PEOPIL’s Tourism and Travel Litigation Group, please contact our CEO Dr Wolfgang Resch today. Wolfgang can be contacted at wolfgang.resch@peopil.com. If you are not a member of PEOPIL yet, you can join here.