This page contains a Flash digital edition of a book.
LEGAL IAN SKUSE


PASSENGER RIGHTS, DATA PROTECTION AND SLAVERY...


Our legal expert urges vigilance and fair play


left stranded at airports. The closure of Sharm el Sheikh airport, following the crash of a Russian A321 in November, led to significant liability attaching to carriers under article 9 of European Union (EU) regulation 261/2004 for meals, refreshments and hotel accommodation. Similar duties are placed upon tour operators, and the smarter carriers are able to pass on this liability in their commercial agreements with them. Meanwhile, in the Scottish case of Dunbar v Easyjet, the flight delay between Glasgow and Malaga was due to air traffic control relating to earlier routings. This resulted in the late arrival of the flight, and other suitable aircraft were not available. The judge found that this amounted to extraordinary circumstances, which resulted in a six- hour delay. But he was not satisfied that everything reasonable has been done, and that other measures could have been taken to minimise the delay that occurred. The passenger,


O 136 BBT JANUARY/FEBRUARY 2016


nce again, airlines face financial claims for passengers


accordingly, was entitled to compensation.


In another Scottish case, Caldwell v Easyjet, the passengers complained that they had turned up at the airport on time, only to be faced with a very long queue waiting to check-in for different Easyjet flights. This delay meant they were late going through security and passport control, and this was the reason why, on arrival at the gate, they found it closed. In deciding whether this was a case of passengers arriving late at the gate or whether they had been denied boarding, the judge found that this was denied- boarding, and compensation was awarded.


SAFE HARBOUR IS AN AGREEMENT between the EU and the US, agreed in 2000, relating to the usual rule that the Data Protection Act forbids personal data from being transferred outside Europe. Safe Harbour was intended to be a system similar in quality to the European scheme, thus protecting data migrated to the US. However, in October 2015, the European Court of Justice (ECJ) determined that


Once again, it’s time to check and update contracts to take these new regulations into account


clarifies the steps which have been taken with suppliers to ensure they do not engage in using slave labour, or engage in human trafficking. This is likely to result in additional compliance provisions in contracts, so that the company can identify steps taken relating to its business and supply chain and internal policies regarding slavery and human trafficking in respect of all of its suppliers. There is statutory guidance about how compliance can be achieved.


Safe Harbour was inadequate to meet European standards. This has raised an immediate issue for those exporting personal information to the US, including airline data, passenger name records, payroll data and traveller details. Following the ECJ decision, data controllers should rely upon ‘model contract clauses’ and understand what data might be exported, and the protection given by the other party.


THE MODERN SLAVERY ACT 2015 requires companies with an annual turnover exceeding £36 million to produce an annual statement that


For those dealing with consumers in the travel sector, further statutory protection has been provided by the Consumer Rights Act 2015, particularly requiring service providers to perform services with reasonable care and skill, within a reasonable time, and at a reasonable cost. If the service is performed badly, the consumer has a right to request performance be repeated, and a right to a price reduction. There are specific provisions for class actions where a breach of contract occurs, to enable groups of consumers to bring claims against the same supplier for defective services. Once again, it’s time to check and update contracts to take these new regulations into account.


Ian Skuse is a partner in Blake Morgan’s Aviation team (blakemorgan.co.uk) and is based in their London office. Ian was a partner with Piper Smith Watton LLP, which merged with Blake Morgan LLP in August 2015.


BUYINGBUSINESSTRAVEL.COM


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76  |  Page 77  |  Page 78  |  Page 79  |  Page 80  |  Page 81  |  Page 82  |  Page 83  |  Page 84  |  Page 85  |  Page 86  |  Page 87  |  Page 88  |  Page 89  |  Page 90  |  Page 91  |  Page 92  |  Page 93  |  Page 94  |  Page 95  |  Page 96  |  Page 97  |  Page 98  |  Page 99  |  Page 100  |  Page 101  |  Page 102  |  Page 103  |  Page 104  |  Page 105  |  Page 106  |  Page 107  |  Page 108  |  Page 109  |  Page 110  |  Page 111  |  Page 112  |  Page 113  |  Page 114  |  Page 115  |  Page 116  |  Page 117  |  Page 118  |  Page 119  |  Page 120  |  Page 121  |  Page 122  |  Page 123  |  Page 124  |  Page 125  |  Page 126  |  Page 127  |  Page 128  |  Page 129  |  Page 130  |  Page 131  |  Page 132  |  Page 133  |  Page 134  |  Page 135  |  Page 136  |  Page 137  |  Page 138  |  Page 139  |  Page 140