SPONSORING GROUP TRAVEL- LIABILITY ISSUES: UPDATED

SPONSORING GROUP TRAVEL- LIABILITY ISSUES: UPDATED

This Article Was Originally Published In The International Travel Law Journal, Issue Two, 1998 And May Not Be Reproduced Without The Permission Of Thomas A. Dickerson. Revision Number 1 August 25, 2000 By Judge Thomas A. Dickerson1 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. On occasion tour participants may experience physical injuries running the spectrum from death to gastrointestinal disorders, delays and cancellations, overbooking, lost, damaged or stolen baggage, misinformation, theft of consumer deposits, and a broad range of misrepresentations regarding the nature of the services, transportation, accommodations, facilities and food provided during the tour. We have previously discussed the liability of air carriers2, cruiselines3, hotels4, tour operators5 and travel agents6 for these common travel problems. In this article we will discuss the liability of travel sponsors that promote group travel but, actually, rely upon travel agents and tour operators to make the travel arrangements. Types Of Travel Sponsors Travel sponsors cover a wide spectrum of organizations to include (1) Murder Mystery Weekends [ Thomalen v. Marriott Corp.,7 ( 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.8 ( sexual assaults of female officers at naval aviators convention )]; (3) Race Car Associations [ Wolfgang v. Mid-America Motorsports, Inc.9 ( 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.10 ( race pit volunteer injured during race car crash sues race sponsor )]; (4) Scuba Diving Associations [ Torres v. National Association of Underwater Instructors11 ( novice drowned during scuba diving class )]; (5) Employers [ Love v. Maritz, Inc.12 ( 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 Company13 ( Cabot Laboratories sponsored outing on cruise ship during which employee fell on slippery deck ); Russell v. Bissell & Associates, Inc.14 ( Exxon sponsored picnic during which employee injured in diving accident ) ]; (6) College Alumni Organizations [ Smith v. High Class Tours & Travel, Inc.15 ( college sponsored alumni tour; accommodations, tours and other services misrepresented ) ]; (7) Universities [ Mayer v. Cornell University16 ( 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 Medicine17 ( St. George's University Medical School in Grenada sponsored running event during which student was injured )]; (9) Religious Organizations [ Gyenes v. Zionist Organization of America18( American Zionist Youth Foundation sponsored education tour of Israel during which student drowned swimming the Jordan River ); Hannold v. First Baptist Church19 ( 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.20 ( 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 Studies21 ( 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.22 ( ski accident during tour organized by Children's Art Carnival )]; (13) Cultural And Theater Groups [ Tei Yan Sun v. Taiwan23 ( 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. Holidays24 ( bus accident in Mail during tour organized by African cultural group ); Carley v. Theater Development Fund25 ( 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 Sports26 ( handicapped skier injured during race )]; (15) High Schools [ Mauer v. Cerkvenik-Anderson Travel, Inc.27 ( 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.,28 ( during tour to Mazatlan, Mexico student tourist consumed alcoholic beverages for three days and jumped to death from third story hotel balcony ), Smith v. Chason29 ( 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.30 ( same booze cruise jumper; parents sued local travel agent ), Dunleavy v. Youth Travel Associates31 ( student tourists sued sponsoring school for payments made to defaulting travel agent for trip to France ), Hayes v. Pickman32 ( 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'n33 ( United States Ski Association sponsored Trophy Series Ski Race during which participant fell injuring leg and ankle )]; (17) Sail Training Associations [ McAleer v. Smith,34 ( American Sail Training Association sponsored race during which trainees drowned when vessel capsized )]; (18) Park Districts [ Glenview Park District v. Melhus,35 ( 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 Resort36 ( Detective's Endowment Association sponsored ski trip during which participant was killed )]; (20) Fishing Organizations [ Rudolph v. B.A.S.S. Federation37 ( 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. Foley38 ( rider of All Terrain Vehicle had accident during race and sued sponsoring club )]; (22) Radio Stations [ Adames v. Trans National Travel39 ( 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 Companies40 ( track club sponsored road race during which participant stepped in pot hole )]; (24) Golfing Events [ Ransom v. Fernandina Beach Chamber Of Commerce41 ( golfer sued sponsors for refusing to award prize after making a hole-in-one on 12th hole ); Burford Distributing, Inc. v. Starr42 ( sponsor of charity golfing event refused to award prize to participant who made a hole-in-one )]; (25) Horse Shows [ Uhler v. Evangeline Riding Club43 ( horse riding club sponsored horse show during which a participant was injured )]. Sponsor Participation In Planning The Tour Sponsors rely upon professional travel agents and tour operators to make the actual travel arrangements. The liability of the sponsor for tour participant accidents will often depend upon the extent of the sponsor's participation in arranging the tour. The greater the participation the greater the liability. Active participation will include planning, organization and profit sharing while passive participation may involve little more than selling a membership list to a tour operator. An excellent example of a close working relationship between a sponsor and a tour operator appears in American Jewish Congress v. Unitours, Inc.44 ( contract dispute between sponsor and tour operator )]. In the Unitours case a not-for-profit organization [ the AJC ] had entered into a contract with a tour operator, Unitours, wherein Unitours had the exclusive right to make travel arrangements for AJC's tours. AJC and Unitours participated in the design of the itinerary for the tours as well as in the development, promotion and operation of the tour program. Unitours would expend sums in preparation of glossy tour brochures and in making advance bookings for blocks of air transportation and hotel accommodations. AJC would distribute the brochures to its members and accept tour reservations. Upon receipt of the reservation and booking fees from a prospective traveler, AJC would turn the information over to the tour operator for whatever further arrangements had to be made. On the profit side this arrangement became a substantial source of revenue for AJC. Each traveler would be required to join the AJC and pay a membership fee. In addition, AJC would receive 7% of the tour price from each package tour sold to its members. Such a relationship strongly suggests a joint venture wherein liability for tour accidents and defaults should be shared by the sponsor and the tour operator [ Walton v. Fujita Tourist Enterprises Co.45 ( tourist slips and falls at Japanese hotel during tour; tour operator and air carrier share liability as joint venturers ); Forde v. Anjoy Travel. Ltd.46 ( sponsors as joint venturers ); Mayer v. Cornell University47 ( no evidence of a joint venture between sponsor and tour operator ); Shaw v. Delta Airlines, Inc.48 ( factors needed to establish a joint venture )]. The Sponsor's Control Over Tours And Events The sponsor's liability will also depend upon its control over the tour or event and whether or not the sponsor was in a position to prevent the accident. An excellent case on the issue of control is Mayer v. Cornell University49 which involved a birdwatching tour of Costa Rica sponsored by Cornell University's Laboratory of Ornithology and arranged for by a tour operator, Voyagers International. James E. Mayer, a bird watcher from Pennsylvania, died during the tour while snorkeling off the Isla del Cano, an island to the southwest of mainland Costa Rica. " Aside from the initial promotion of the trip to Cornell's members, Voyagers was responsible for nearly every aspect of the trip, including preparing and disseminating detailed descriptions of the tour, planning the itinerary, arranging for airline tickets, and providing tour participants with brochures, travel tips and departure checklist...As sponsor of the tour, Cornell was to receive a small percentage of the fees paid by each participant...One day during the trip ( the Marenco Biological Station in Costa Rica offered a snorkeling opportunity off the Isla del Cano to tour participants including Mr. Mayer ).... Marenco staff operated the boat, assisted passengers to board the vessel, provided snorkeling equipment...and selected the location for the snorkeling. The only snorkeling instructions given...came from Marenco staff and were limited to a description of the current, an indication of the general area within which to snorkel, instructions on how to re-board the boat after snorkeling, and the suggestion that snorkelers wear tee-shirts to avoid being stung by organisms in the water. No one instructed the snorkelers ...on any other safety precautions...( Mayer and other tour participants went snorkeling and ) Sometime later, he was found floating near the shore...The cause of his death remains in dispute "50 In denying the Mayer claim against Cornell as a sponsor for negligence in failing to conduct a safe snorkeling expedition the Court focused on the issue of control. " Generally, a sponsor is not liable in negligence...if the sponsor has no control over the event and thus is in no position to be able to prevent the injuries...In this case...Cornell ( was not ) in a position to ensure the safety of the snorkeling activity because ( it had no ) expertise in snorkeling...and, more significantly, ( had no ) authority over the actions of Marenco or its employees... there was no realistic opportunity for...Cornell...to control the circumstances of the snorkeling because in planning its sponsorship of the tour, Cornell could not have anticipated Marenco's unexpected offer for the group to join the del Cano day trip ".51 To Control Or Not To Control A variety of cases involving sponsor liability have also focused upon control [ Carley v. Theater Development Fund52 ( sponsor and tour operator not liable for injuries to tour participant who fell through Russian hotel ); Adames v. Trans National Travel53 ( tour operator had no control over local Cancun, Mexico water sports company which organized beach party during which tour participant was injured ); Wolfgang v. Mid-America Motorsports, Inc. ( sponsor of auto racing event during which participant's vehicle crashed and erupted into flames was in control and may be liable for gross negligence ); Hannold v. First Baptist Church54 ( sponsor of overnight camping trip not liable for injuries of camper bit on lip by dog because it had no control or supervision over camping trip or dog owner ); Mongello v. Davis Ski Resort55 ( sponsor not liable for ski accident because it neither controlled nor maintained the operation of the ski slope and was not in a position to assume such control ); Vogel v. West Mountain Corp.56 ( sponsor not liable for ski accident because of an absence of control over the event and skiing conditions ); Gehling v. St. George's University School of Medicine57 ( sponsor not liable for road running accident because of insufficient control ); Coles v. Jenkins58 ( participant in Virginia Horse and Wine Country bicycling tour killed by legally blind driver of automobile; tour operator may be liable for selecting unsafe road for tour ); Rudolph v. B.A.S.S. Federation59 ( jet skier killed by over eager bass fishing contest participant; bass fishing organization sponsored and controlled all aspects of fishing contest and owed duty to all users of lake to conduct contest in safe manner ); Johnson v. Cherry Grove Island Mgt.60 ( sponsor of swimming contest had no control over maintenance of pool to prevent accident ); Gibbons v. County Legislature61 ( drowning; sponsor of fishing derby had no control of third party that opened up dam causing death of participant )]. Consumer Reliance Upon Brand Names From the traveler's standpoint the apparent involvement of the sponsor adds credibility to the often fatuous promises that appear in brochures. The traveler may never have heard of ABC tour operator but if his or her alumni organization is sponsoring the tour he or she is more inclined to believe that the services will actually be delivered. The traveler properly assumes that his or her alumni group has made a reasonable effort to select responsible and solvent tour operators and has made an effort to verify the truth and accuracy of the promises which appear in brochures bearing the sponsor's name. Duty To Investigate Traveler reliance can raise the standard of care imposed upon sponsors to make a reasonable investigation of the conditions and circumstances under which the travel services are delivered [ Glenview Park District v. Melhus62( canoeist drowned during a trip down a river experiencing a rapid change in water level due to flooding; sponsor failed to make a simple telephone call and determine possibility of flooding )]. This involves making a proper inquiry [ McAleer v. Smith63 ( sail trainees drown when boat capsizes; sponsor should have made inquiry into whether sailboat was seaworthy, properly manned and safe )]. In Thomalen v. Marriott Corporation64 a tour operator sponsored a Murder Mystery Weekend tour in cooperation with a Marriott Hotel. The tour operator hired an acting troop known as Murder by Invitation to perform various acts, including a firing eating act. The hotel made no inquiry of the acts to be performed nor did it take any safety precautions to protect hotel guests. During the fire eating act, the performer became consumed with flames, kicked over a can of lighter fluid which spilled across the stage, ignited and caused burns to a hotel guest. The hotel and the sponsoring organization owed a duty to its guests to protect them from the negligence of the entertainers. In Rudolph v. Arizona B.A.S.S. Federation65 a fishing organization sponsored a bass fishing contest on a lake heavily congested with boaters and jet skiers. In designing the contest the organization failed to comply with state safety regulations and failed to " provide any safety instructions to tournament participants or require that its members take any boating safety classes ". One participant caught a fish and raced in excess of forty miles per hour across the lake to meet a deadline at the weigh-in station. In his haste to weigh a fish, the speeding fisherman plowed into and killed a jet skier. The Rudolph Court held that the organization had a duty to design a safe contest and to monitor and supervise contest participants. Surety Or Guarantor Alternatively, a sponsor may be treated as a surety or guarantor of the performance of the tour operator [ Gottesfeld v. Center for Modern Psychoanalytic Studies66 ( complaint alleged that a sponsor "` devised, organized, planned and arranged a package trip ` ( sponsor ) is...defined as ` one who binds himself to answer for another's default; a surety `" ). A surety's liability is extensive and may approach that of strict liability for the defaults of others. Breach Of Warranty Of Safety And Assumed Duty A sponsor may be liable for accidents or defaults if the sponsor promised, either expressly or implicitly, that the tour would be delivered in a safe manner or otherwise guaranteed the faithful performance of the selected tour operator and other travel suppliers. Brochure language such as " safe and enjoyable cycling area " [ Pau v. Yosemite Park67 ], " suitable for handicapped individuals " [ Bergonzine v Maui Classic Charters68 ], " perfectly safe " canoeing conditions [ Glenview Park District v. Melhus69 ] and " safe buses " [ Rovinsky v. Hispanidad Holidays, Inc.,70 ] may generate liability under a breach of warranty theory [ Contra: Carley v. Theater Development Fund71 ( tourist leaned against window in Russian hotel and falls six stories; actions of tour escort to include inspecting the room, stating it was safe and opening the window did not constitute a guarantee that the window was safe )]. Alternatively, the sponsor may assume a duty to deliver safe travel services [ Wolfgang v. Mid-America Motorsports, Inc.72 ( sponsor of auto racing event during which participant crashes and burns may have assumed duty to prevent the accident ); Cohen v. Heritage Motor Tours, Inc.73 ( tourist slips on rocks crossing stream in Canadian Rockies; tour escort directed participants to follow her across stream and assumed a duty to exercise reasonable care ); Elsis v. Trans World Airways74 ( Nile tour boat burned to the water line; TWA " undertook a duty to provide a cruise ship with expected safety features such as life boats and preservers " ); Contra: Carley v. Theater Development Fund75 ( tour operator and sponsor did not assume duty to guarantee the non-negligent operation of the hotel window through which guest fell six stories; clause in tour participant contract disclaiming responsibility, in the absence of the tour operator's and sponsor's negligence, for any accidents enforced ); Mayer v. Cornell University76 ( birdwatcher drowns during snorkeling expedition; " There was no evidence that ( Cornell's employee ) did anything other than join the other snorkelers in the water for her own enjoyment. At no time did she lead any person in the group to believe that she was assuming a supervisory function over the snorkeling activity or over the Marenco staff. Nor did Cornell, in its promotion of the tour, imply that it would ensure the safety (of) tour participants who should choose to snorkel, particularly since the snorkeling excursion was an unexpected change of itinerary over which Cornell had no control ". Disclaimers Disclaimers are statements appearing in brochures and tour participant contracts denying responsibility for various accidents. In the absence of fraud, gross negligence or a special warranty, the Courts have generally enforced disclaimers seeking to insulate tour operators and sponsors from the negligence of third party suppliers. Such disclaimers have been enforced if (1) they clearly and accurately state that the tour operator or sponsor does not control, own or operate the foreign supplier and (2) identify the foreign supplier as an independent contractor [ Brook v. Timberline Tours, Inc.,77 ( accident during snowmobile tour ), Carley v. Theater Development Fund78 ( tourist falls through window in Russian hotel ); Adames v. Trans National Travel79 ( tourist injured during race down the beach ); ( Sova v. Apple Vacations80 (snorkeling accident ), Klinghofer v. Achille Lauro,81 ( passenger murdered aboard cruiseship ), Lavine v. General Mills, Inc.,82 ( slip and fall on rock in Fiji Islands ), Connolly v. Samuelson,83( slip and fall during African safari )]. Statutory Duties In addition to the aforementioned common law duties a sponsor may also be required to comply State travel seller regulations. At present only a handful of States, California84, Florida85, Hawaii86, Illinois87, Iowa88, New York89, Massachusetts90, Ohio91, Oregon92, Rhode Island93, Virginia94 and Washington95, have some form of Travel Seller regulation. These statutes may require registration, proficiency testing, surety bonds and escrow accounts, errors and omissions insurance, advertising and contract disclosure standards and funding a Travel Consumer Restitution Fund. For a thorough discussion of travel seller regulations 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 Community96. FOOTNOTES1 . Thomas A. Dickerson is Westchester County Court Judge with a 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, Web Page at http://members.aol.com/ travellaw/ index.html; Class Actions: The Law of 50 States, Law Journal Press, New York, 1988-2000, Web Page at http://members.aol.com/ class50/index.html; and over 170 articles on consumer law issues, many of which are available at http://courts.state.ny.us/tandv. html.2 . See Dickerson, Travel Law, Chapter 2. See also Dickerson, Flight Delays: The Passengers Rights And Remedies at http:// courts.state.ny.us/tandv/flightdelays.html.3 . See Dickerson, Travel Law, Chapter 3. See also Dickerson, The Cruise Passengers Rights And Remedies at http:// courts.state. ny.us/tandv/cruiserights.html.4 . See Dickerson, Travel Law, Chapter 4.5 . See Dickerson, Travel Law, Chapter 5. See also Dickerson, What Tort Lawyers Need To Know About Travel Law at www.courts.state.ny. us/tandv/travellaw.htm; Tour Operators And Air Carriers: Modern Theories Of Liability at http://courts.state.ny.us/tandv/ toac.html.6 . See Dickerson, Travel Law, Chapter 5. See also Dickerson, Taking Your Travel Agent On A Trip To The Court House at http:// courts.state.ny.us/tandv/travelagent.html.7 . Thomalen v. Marriott Corp., 845 F. Supp. 33 ( D. Mass. 1994 ).8 . Insurance Company of North America v. Hilton Hotels, 908 F. Supp. 809 ( D. Nev. 1996 ), aff'd 110 F. 3d 715 ( 9th Cir. 1997 ).9 . Wolfgang v. Mid-America Motorsports, Inc., 111 F. 3d 1515 ( 10th Cir. 1997 ).10 . Smith v. Lebanon Valley Auto Racing, Inc., 194 A.D. 2d 946, 598 N.Y.S. 2d 858 ( 1993 ).11 . Torres v. National Association of Underwater Instructors, 928 F. Supp. 134 ( D.P.R. 1996 ).12 . Love v. Maritz, Inc., Index No: CV 96-07104, Arizona Superior Court, Maricopa County (MFC ).13 . Martinez v. Bridgeport and Port Jefferson Steamboat Company, New York Law Journal, September 30, 1996, p. 34, col. 3 ( N.Y. Sup. ).14 . Russell v. Bissell & Associates, Inc., 562 So. 2d 1059 ( La. App. 1990 ).15 . Smith v. High Class Tours & Travel, Inc., Index. No. 14208/81 ( N.Y. Sup. 1981 ).16 . 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 ).17 . Gehling v. St. George's University School of Medicine, 705 F. Supp. 761 ( E.D.N.Y. 1989 ).18 . Gyenes v. Zionist Organization of America, New York Law Journal, August 9, 1989, p. 21, col. 3 ( N.Y. Sup. 1989 ).19 . Hannold v. First Baptist Church, 677 N.Y.S. 2d 859 ( N.Y. App. Div. 1998 ).20 . Sachs v. Book-of-the-Month Club, Inc., Index No. 00140/91 ( N.Y. Sup. 1991 ).21 . Gottesfeld v. Center for Modern Psychoanalytic Studies, 113 Misc. 2d 937, 448 N.Y.S. 2d 916 ( 1980 ).22 . Lane v. Vacation Charters, Ltd., 750 F. Supp. 120 ( S.D.N.Y. 1990 ).23 . Tei Yan Sun v. Taiwan, 201 F. 3d 1105 ( 9th Cir. 2000 ).24 . Winter v. I.C. Holidays, New York Law Journal, Jan. 9, 1992, p. 23, col. 4 ( N.Y. Sup. 1992 ).25 . Carley v. Theater Development Fund, 22 F. Supp. 2d 224 ( S.D.N.Y. 1998 ).26 . Potter v. National Handicapped Sports, 1994 WL 171949 ( D. Colo. 1994 ).27 . Mauer v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 294, 890 P. 2d 69 ( 1994 ).28 . Knoell v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 394, 891 P. 2d 861 ( 1994 ).29 . Smith v. Chason, 1999 U.S. Dist. LEXIS 7636 ( D. Mass. 1997 ).30 . Smith v. West Rochelle Travel Agency, Inc., 238 A.D. 2d 398, 656 N.Y.S. 2d 340 ( 1997 ).31 . Dunleavy v. Youth Travel Associates, 199 A.D. 2d 1046, 608 N.Y.S. 2d 30 ( 1993 ).32 . Hayes v. Pickman, New York Law Journal, January 12, 1996, p. 30, col. 3 ( N.Y. Civ. 1996 ).33 . Del Bosco v. US Ski Ass'n, 1993 WL 532633 ( D. Colo. 1993 ).34 . McAleer v. Smith, 860 F. Supp. 924 ( D.R.I. 1994 ).35 . Glenview Park District v. Melhus, 540 F. 2d 1321 ( 7th Cir. 1996 ).36 . Mongello v. Davos Ski Resort, 224 A.D. 2d 502, 638 N.Y.S. 2d 166 ( 1996 ).37 . Rudolph v. B.A.S.S. Federation, 182 Ariz. 622, 898 P. 2d 1000 ( 1995 ).38 . Lamey v. Foley, 188 A.D. 2d 157, 594 N.Y.S. 2d 490 ( 1993 ).39 . Adames v. Trans National Travel, 1998 Mass. Super. LEXIS 108 ( Mass. Super. 1998 ).40 . Hebert v. St. Paul Fire And Marine Insurance Companies, 757 So. 2d 814 ( La. App. 2000 ).41 . Ransom v. Fernandina Beach Chamber Of Commerce, 752 So. 2d 118 ( Fla. App. 2000 ).42 . Burford Distributing, Inc. v. Starr, 2000 Ark. LEXIS 354 ( Ark. Sup. 2000 ).43 . Uhler v Evangeline Riding Club, 525 So. 2d 550 ( La. App. 1988 ).44 . American Jewish Congress v. Unitours, Inc., New York Law Journal, October 29, 1980, p. 6, col. 6 ( N.Y. Sup. 1980 ).45 . Walton v. Fujita Tourist Enterprises Co., Ltd., 380 N.W. 2d 198 ( Minn. App. 1986 ).46 . Forde v. Anjoy Travel, Ltd., 94 F.R.D. 41 ( S.D.N.Y. 1982 ).47 . 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 ).48 . Shaw v. Delta Airlines, Inc., 798 F. Supp. 1453 ( D. Nev. 1992 ).49 . 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 ).50 . Id at 107 F. 3d 4.51 . Wolfgang v. Mid-America Motorsports, Inc., 111 F. 3d 1515 ( 10th Cir. 1997 ).52 . Carley v. Theater Development Fund, 22 F. Supp. 2d 224 ( S.D.N.Y. 1998 ).53 . Adames v. Trans National Travel, 1998 Mass. Super. LEXIS 108 ( Mass. Super. 1998 ).54 . Hannold v. First Baptist Church, 677 N.Y.S. 2d 859 ( N.Y. App. Div. 1998 ).55 52. Mongello v. Davos Ski Resort, 224 A.D. 2d 502, 638 N.Y.S. 2d 166 ( 1996 ).56 . Vogel v. West Mountain Corp., 97 A.D. 2d 46, 470 N.Y.S. 2d 475 ( 1983 ).57 . Gehling v. St. George's University School of Medicine, 705 F. Supp. 761 ( E.D.N.Y. 1989 ).58 . Coles v. Jenkins, 34 F. Supp. 2d 381 ( W.D. Va. 1998 ).59 . Rudolph v. B.A.S.S. Federation, 182 Ariz. 622, 898 P. 2d 1000 ( 1995 ).60 . Johnson v. Cherry Grove Island Mgt., 573 N.Y.S. 2d 187 ( N.Y. App. Div. 1991 ).61 . Gibbons v. County Legislature, 161 A.D. 2d 1196, 556 N.Y.S. 2d 428 ( 1990 ).62 . Glenview Park District v. Melhus, 540 F. 2d 1321 ( 7th Cir. 1996 ).63 . McAleer v. Smith, 860 F. Supp. 924 ( D.R.I. 1994 ).64 . Thomalen v. Marriott Corporation, 845 F. Supp. 33 ( D. Mass. 1994 ).65 . Rudolph v. B.A.S.S. Federation, 182 Ariz. 622, 898 P. 2d 1000 ( 1995 ).66 . Gottesfeld v. Center for Modern Psychoanalytic Studies, 113 Misc. 2d 937, 448 N.Y.S. 2d 916 ( 1980 ).67 . Pau v. Yosemite Park and Curry Co., 928 F. 2d 880, 883 ( 9th Cir. 1991 ).68 . Bergonzine v. Maui Classic Charters, 1995 American Maritime Cases 2628 ( D. Hawaii 1995 ).69 . Glenview Park District v. Melhus, 540 F. 2d 1321 ( 7th Cir. 1996 ).70 . Rovinsky v. Hispanidad Holidays, Inc., 180 A.D. 2d 673, 580 N.Y.S. 2d 49 ( 1992 ).71 . Carley v. Theater Development Fund, 22 F. Supp. 2d 224 ( S.D.N.Y. 1998 ).72 . Wolfgang v. Mid-America Motorsports, Inc., 111 F. 3d 1515 ( 10th Cir. 1997 ).73 . Cohen v. Heritage Motor Tours, Inc., 205 A.D. 2d 105, 618 N.Y.S. 2d 387 ( 1994 ).74 . Elsis v. Trans World Airways, 22 CCH Aviation Cases 17,806 ( N.Y. Sup. 1989 ).75 . Carley v. Theater Development Fund, 22 F. Supp. 2d 224 ( S.D.N.Y. 1998 ).76 . 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 ).77 . Brooks v. Timberline Tours, Inc., 1997 WL 686011 ( 10th Cir. 1997 ).78 . Carley v. Theater Development Fund, 22 F. Supp. 2d 224 ( S.D.N.Y. 1998 ).79 . Adames v. Trans National Travel, 1998 Mass. Super. LEXIS 108 ( Mass. Super. 1998 ).80 . Sova v. Apple Vacations, 984 F. Supp. 1136 ( S.D. Ohio 1997 ).81 . Klinghofer v. Achille Lauro, 816 F. Supp. 934 ( S.D.N.Y. 1993 ).82 . Lavine v. General Mills, Inc., 519 F. Supp. 31 ( N.D. Ga. 1981 ).83 . Connolly v. Samuelson, 671 F. Supp. 1312 ( D. Kan. 1987 ).84 . Cal. Bus. & Prof. Code Section 17550 et seq.85 . Fla. Stat. Ann. Sections 559-927 et seq.86 . Hawaii Rev. L. Sections 468L et seq.87 . Ill. Ann. Stat. Ch. 121 ½ Sections 1865 et seq.88 . Iowa Stat. Sections 120.1 et seq.89 . N.Y. Gen. Bus. L. Sections 155 et seq.90 . Mass. Gen. L. Ch. 93A Sections 2(c), 940 CMR 15.01 et seq.91 . Ohio Rev. Code Ann. Sections 1333.96 et seq.92 . Ore. Rev. Stat. Sections 646.200 et seq.93 . R.I. Rev. L. Ann. Sections 5-21-1 et seq.94 . Va. Stat. Sections 59.1-449 et seq.95 . Wash. Rev. Code Sections 19.138.010 et seq.96 . See Dickerson, The Licensing and Regulation of Travel Sellers in the United States, Aviation Quarterly [ 1998 ] TAQ 47-69 January 1998, Revised at http://www.courts.state.ny.us/tandv/ Aqtaed1.htm. See also, Dickerson, Travel Law, at § 5.07.