New on IFTTA News

• USA: DHS report says X-ray scanners at airports are safe;
  
• ECJ Advocate General: air ticket pricing rules regarding ‘optional price supplements’ also apply to a cancellation insurance;
  
• USA: Appelate court affirms foreign nationals' standing to challenge a "no-fly list" inclusion;
  
• European Union: Parliamentary Transport and Tourism Committee calls for improved air passenger rights;
  
• ECJ to hear cases challenging its "Sturgeon" judgement;
  
• European Union: Public consultation of stakeholders on the "European Charter for Sustainable and Responsible Tourism";
  
• European Court of Justice: insolvency protection also applies in case of a package organiser’s fraudulent conduct;
  
• "Reviews you can trust" - UK Advertising Standards Authority finds TripAdvisor ads misleading;
  
• USA: Appelate court confirms limitation of liability clauses in airline's "Conditions of Carriage";
  
• Germany: new reference for ECJ preliminary ruling regarding Reg. 261/2004;
  
• EU Transport Commissioner receives commitment from Cruise industry to fully engage in review of passenger ship safety rules;
  
• Canada: body height is not a disability;
  
• UNESCO: cruise ships should steer clear of Venice lagoon;
  

IFTTA Europe Workshop 2012 - Rostock

The 5th IFTTA Europe Workshop will take place in Rostock, Germany, April 17-20, 2012. International experts from several countries will discuss current legal issues of the travel and tourism industry and exchange experience.

The main topics are:

- The proposal for a new Package Travel Directive
- New developments in EU passengers' rights
- Enforcement of Travel Law
- National reports on recent developments in Travel and Tourism Law.

For detailed information and registration please see here>>;.

Recent IFTTA News Postings

• Germany: appellate court upholds denial of injunction against hotel review website;
  
• USA: DOT fines Spirit Airlines over handling of disability complaints and Finnair for violating price advertising rules;
  
• USA: Costa Concordia victims sue for USD 460 milion in Florida;
• European Economic and Social Committee publishes opinion on the ‘functioning and application of air passenger rights';
• USA: New York law firms file class action against Costa;
  
• Canada: change in airline pet policies ordered by CTA;
• European Union: Costa Concordia accident and Commission review of passenger ship safety legislation;
  
• Austria: tour organiser not liable for costs of extended stay caused by flight cancellation due to the ash cloud crisis;
  
• Germany: railway company liable for black ice accident on platform;
  
• USA: deplaned passenger's complaint fails to state a viable cause of action under the Montreal Convention;
  
• Austrian Supreme Court: no liability of the tour operator for rare injury caused by narrow seating in a coach;
  

New postings on IFTTA News

• European Council decides on accession of the European Union to the Athens Protocol;
• Austria: Supreme Court decides on innkeeper's liability with regard to theft from hotel garage;
• USA: DOT fines AirTran for deceptive price advertising;
• European Economic and Social Committee: opinion on tourism in Europe published;
• USA: man who helped to stop "underwear bomber" sues for USD 10 million;
• IFTTA Law Review 3-2011 now available;
• European Court of Justice: The directive including aviation activities in the EU’s emissions trading scheme is valid;
• Australia: Quantas succeeds against registration of "Flying Kangaroo" wines;
• USA: District Court upholds fine for traveler to Cuba who did not answer OFAC queries;
• European Union: Commission starts public consultation on the possible revision of the air passenger rights Regulation;
• Austria: new reference for ECJ preliminary ruling regarding rail passenger rights;
• U.S. Court of Appeals: violation of a government regulation no prerequisite to a claim under Article 17 Montreal Convention;
• EU Commission announces "Better Airports" package;

Most recent postings on IFTTA News

• USA: airlines ask DOT for another delay in new rules;
• USA: no private right of action pursuant to Air Carrier Access Act;
• UNESCO recognizes Aceh’s Saman Dance as Intangible World Heritage
• Scotland: Human Trafficking Report;
• EU: Commission requests Italy to comply with new safety rules for passenger ships;
• Taiwan: Hong Kong Dragon Airlines accused of discrimination;
• European Commission updates airline black list;
• New EU-US agreement on PNR;
• USA: DOT fines Spirit Airlines for deceptive price advertising;
• European Union: new rules on the use of security scanners at European airports;
• European Union: new Directive on Consumer Rights published in Official Journal;
• IFTTA Europe Workshop Website Online;
• Cruise conference - May 21-23, 2012;
• UK: OFT takes next procedural step in airline fuel surcharges case;
• USA: DOT issues first fine for tarmac delay rule violations;
• India: tiger reserves may ban tourists;
• Court of Cassation (FR) on Deep vein thrombosis;
• UNWTO: European tourism grows above expectations;
• European Consumer Centre Network launches Air Passengers Rights Report 2011;
• USA: DOT fines Caribbean Airlines for improperly limiting reimbursements for delayed baggage;

Update on IFTTA news

The following news have recently been posted to the IFTTA Website:

• USA: DOT fines Orbitz for violating price advertising rules
• ECJ Advocate General delivers opinion on EU Emissions Trading Scheme
• Irish High Court confirms exclusivity of Montreal Convention with respect to international air carriage
• Scottish Legislation to Tackle Football Sectarianism
• Germany: yet another reference for preliminary ruling challenging "Sturgeon"
• European Court of Justice: "Cancellation" also covers discontinuation of a flight
• Kenya: tourism minister issues open letter regarding piracy
• UK: Office of Fair Trading received super-complaint about travel money
• European Commission publishes results of the Online ticket Sales Sweep
• Seychelles: Sustainable Tourism Label announced
• USA: DOT fines Virgin Atlantic for deceptive online advertising
• USA: Travel Association and ATA support new Visa legislation
• World Travel & Tourism Council addresses governments on World Tourism Day
• France to impose new tax on luxury hotel rooms
• USA: DOT to require airlines to make their websites and kiosks accessible to disabled travelers
• Conference: EU Passenger Law – Towards 2020, Leuven
• Interesting case! Preliminary Ruling: ECJ C-410/11
• Austrian Supreme Court: hotel liable for theft from safe in hotel room

IFTTA Travel and Tourism Law News: new postings

• Austria: first reference for ECJ preliminary ruling regarding rail passenger rights
• Austrian Constitutional Court: no state liability for alledgedly false application of the Package Travel Directive
• USA: new airline passenger protection rules took effect Aug. 23
• German court regards 'automatic' inclusion of cancellation insurance to flight ticket price illegal
• A tax windfall for airlines
• Albania's Impressive Tourism Statistics
• Austria: hotel operator not liable for injury of a guest who tried to repair a jamming glass door
• Germany: the operator of a hotel review website has no obligation to verify user postings before publishing
• US DOT Fines Air Canada for Violating Price Advertising Rules
• USA: class action suit against YTB reinstated

Recent news items on the IFTTA website

• UNWTO: international tourist arrivals up 4.5 percent in the first four months of 2011
• UK: Office of Fair Trading Provides New Guidance on Competition Law
• DOT Fines Ticket Agents for Violations of Code-Share Disclosure and Price Advertising Rules
• European Court of Justice: Advocate General Sharpston delivers opinion on important air passenger rights issues
• Thailand withdraws from World Heritage Convention
• USA: Texas lawmakers want to ban invasive pat-downs at airports
• European Travel Law Forum + IFTTA workshop starting
• USA: Airlines sue DOT over consumer protection rules
• European Air Passenger Departure taxes detrimental to Kenya tourism?

IFTTA news update

• EU Commission publishes responses received on the ADR consultation including IFTTA paper
• Canada: no suspension of Warsaw Convention limitation period because of a plaintiff’s disability
• AIA: conference on ADR in the Aviation Sector and the sector of Tour Operators
• ECJ: advertising of entry-level prices for travel and tourist services admissible
• Survey on the attitudes of Europeans towards tourism 2011
• Switzerland: voters approve "suicide tourism"
• Air Zimbabwe suspended by IATA
• Canada: air carrier not liable for delay caused by mechanical problem
• European Court of Justice: air carrier must reasonably take account of the risk of delay and provide for a certain reserve time
• England and Wales: Legal Professional Privilege
• USA: DOT issues new passenger rights regulation
• EU: Commission updates list of air carriers subject to an operating ban
• Austria: reference for ECJ preliminary ruling with regard to Brussels I-Regulation
• German court asks ECJ: can a discontinued flight be regarded as delayed pursuant to Reg. 261/2004?
• Austria: court denies compensation for missed connecting flight

IFTTA Europe Workshop, Salzburg July 2, 2011

This year's workshop is connected to the European Travel Law Forum (June 30 - July 1, Salzburg). The focus of the Workshop will be on 'The review of the EU Air Passenger Rights Regulation 261/2004. The issues to be discussed in this regard will be prepared by a working group.

Find the programmes of both events as well as the according registration forms on the IFTTA website here>>.

News from the IFTTA website

• EU: towards stricter enforcement of passenger rights
• European Travel Law Forum andf IFTTA Europe Workshop 2011 in Salzburg/Austria/EU
• UK: Bribery Act 2011
• Class action on violation of EU Reg. 261/2004 filed in Illinois court
• Age rating for packages
• USA: Washington D.C. to sue OTAs for unpaid taxes
• USA: race discrimination claim preempted by Warsaw Convention

More news items at IFTTA website

• USA: Oklahoma's lawsuit against online travel companies dismissed
• Germany: Montreal liabilty limit for lost baggage applies per passenger regardless of number of checked pieces of baggage
• UNWTO: tourism a vehicle for gender equality
• Egypt: Minister of Tourism initiates new tourism campaign
• Ireland: Eyjafjallajökull eruption referred to the ECJ
• Finland: new reference for ECJ preliminary ruling regarding Reg. 261/2004 and "denied boarding"
• Austria: Supreme Court refers Pammer case back to court of first instance
• Mexico: President Calderon signs National Agenda for Tourism

Recent news postings on the IFTTA website

• WEF Travel & Tourism Competitiveness Report 2011 ranks Switzerland No 1
• China imposes tourist ban on Tibet
• USA: new Regulations on Nondiscrimination on the Basis of Disability in Public Accommodations to come into force
• Austria: discounts for elderly people in public transport must not apply from different ages for men and women
• Local authorization for Cruize stop off in island is denied by the Municipality on Carnival days.
• USA: no unjust enrichment through limited validity of airline gift cards
• France: new Transport Code
• Scottish Contract Law Reform: Rules of Interpretation
• IATA publishes 2010 Aviation Safety Performance report - lowest accident rate in history
• USA: local tolling rules do not apply to the limitation period of the Montreal Convention
• USA: Delta fined for non-compliance with Air Travelers with Disabilities Rules
• European Court of Justice: opinion on penalizing airport noise
• Germany: no liability for copyright infringements by hotel guests through WLAN
• Germany: yet another reference for preliminary ruling with regard to Reg. 261/2004
• USA: third attempt to introduce Air Passenger Bill of Rights
• Hotel must pay R$ 280,000,00 to man who lost his wife in crash (Brazil)
• EU Directive on Consumer Rights

Recent news postings on the IFTTA website

• USA: Air France fined for unlawful baggage liability disclaimer
• Canada: Warsaw Convention applied on non-complinace with wheelchair request
• Brazil: Gol Airlines must compensate the victim's sister to crash for R$ 120,000
• USA: court ruling entitles American Airlines to pull its fares from Orbitz
• USA: reasonable standard of care applies on pilot decisions to disembark passengers under Tokyo Convention
• UK: OFT Strategy on Online Shopping - Consumer Protection
• Germany: Prussian foundation entitled to interdict commercial photos and film-shots of its castles and gardens
• Hotelstars Union: Baltic Countries joined
• Europe: Consumer Centres' Network publishes survey on European Ski Resorts
• USA: some websites fail to identify operating carrier
• US Airport search angers Indian diplomat
• Germany: new reference for preliminary ruling with regard to Reg. 261/200
• USA/Brazil: open skies agreement
• France: Continental liable for Concorde crash

Find more at iftta.org.

IFTTA News Blog relocated to IFTTA Website

This news blog is continued at http://www.iftta.org/news. You can now find news on legislation, judgements, events, etc. relevant for travel and tourism law together with a lot more interesting material directly at our new IFTTA website.

See you there!

UK: Equality Act 2010

90% of the provisions of the Equality Act 2010 came into force on 1 October. This is a consolidating piece of legislation. The nine pieces of legislation being brought together under the Act are:
• Equal Pay Act 1970
• Sex Discrimination Act 1975
• Race Relations Act 1976
• Disability Discrimination Act 1995
• Employment Equality (Religion or Belief) Regulations 2003
• Employment Equality (Sexual Orientation) Regulations 2003
• Employment Equality (Age) Regulations 2006
• Equality Act 2006
• Equality Act (Sexual Orientation) Regulations 2007
Among the changes to the law introduced on 1 October include:
• Making pay secrecy clauses unenforceable. This will protect employees who choose to discuss their pay with each other for the purposes of uncovering discrimination. This is particularly helpful for those seeking to ensure that employers are not discriminating in pay and conditions between male and female employees.
• Extra protection for disabled people. The new law restricts the circumstances in which employers can ask job applicants questions about disability or health prior to offering them a position. This gives disabled applicants greater protection from employers that unfairly screen out disabled applicants.
• New powers for employment tribunals. Where an employer has discriminated against an employee, the tribunal will be allowed to make recommendations that could affect the whole workforce - for example, calling for harassment policies to be more effectively implemented - instead of being restricted to measures that will benefit the employee who brought the action.
• Employers have a responsibility to protect their staff, where possible, from harassment by customers.

Seats On Boeing Spaceships Could Go Up For Sale

By JOSHUA FREED, AP Business Writer Joshua Freed, AP Business Writer – Wed Sep 15, 5:44 pm ET

MINNEAPOLIS – Boeing and a space tourism company announced a deal on Wednesday to sell tickets on rocket rides to the International Space Station. Now Boeing just has to build a spaceship.

Space Adventures Ltd. has already been selling seats aboard the Russian-built Soyuz spaceship. Its last passenger was Cirque du Soleil founder Guy Laliberte, who paid $35 million for a 10-day trip.

Now, Boeing says Space Adventures will sell seats on its planned CST-100, which would carry seven people. NASA has been encouraging aerospace companies like Boeing to develop spaceships that can carry government-sponsored astronauts as well as paying tourists to the space station. The idea is to spread around the cost of NASA missions while also boosting privately funded space efforts.

Big questions remain. Congressional funding isn't assured. And Boeing and Space Adventures will have competition from a California company called SpaceX, which is also seeking NASA work for space station missions.

So far, seven customers have ridden on eight flights through Spacecraft Adventures.

The trips will be for millionaires, at least for now. Boeing and Space Adventures executives didn't have pricing details, but said on a conference call that prices would be "competitive" with the cost for a flight on the Soyuz craft.

The more people fly to space, the sooner the cost will come down, said Eric Anderson, co-founder and chairman of Space Adventures. He said people ask him when it will cost, say, $40,000, or $4,000, instead of close to $40 million.

"I don't know," he said, "but I know that it'll never be $40,000, or $4,000, if it doesn't start off at $40 million. ... We'll get there. Until launch technology radically changes, the price is still going to be quite expensive."

Boeing's CST-100 is a reusable capsule with a round bottom and pointed top that, from the outside, bears some resemblance to the Apollo capsules launched beginning in the 1960s. Boeing is doing design and testing work now, and hopes to have the craft ready in 2015.

Boeing plans to build two at first, which would be used for testing and then refurbished for missions. Each spaceship would need about six months in between flights to have its heat shield restored and its systems tested, said John Elbon, vice president and program manager for Boeing Commercial Crew Transportation Systems.

"Together we can open space to more people, and expand a new market, and I find that terribly exciting," said Brewster Shaw, a former astronaut and vice president and general manager of Boeing's Space Exploration division.

Anderson, of Space Adventures, said he's aiming to reduce the months of training that precede flights on the Soyuz craft, which includes Russian language training that won't be needed on the U.S.-led flights. He said shorter training will encourage more people to sign up, while still being sufficient to get them ready for the flight.

He objected to the notion that the people who accompany government-sponsored astronauts are "tourists."

"It's not the case that a bunch of people show up to the station in their flowered T-shirts with sunglasses on," he said. "I think this is much more about private citizens who are opening the frontier alongside government space explorers, and are doing so in a very serious fashion with lots of serious work behind it."

Still, the Cirque du Soleil founder wore a red clown nose on his trip.

Boeing Co. shares fell 3 cents to close at $62.73.

Original "Source" Article can be found here.

Australia: compensation for inhaling smoke from pyrolysed oil in cabin of aircraft

The New South Wales Court of Appeal has dismissed an appeal by East-West Airlines against a flight attendant who inhaled smoke in an aircraft cabin 18 years ago and had developed a persistent cough. The New South Wales Dust Diseases Tribunal had previously found that due to the smoke from pyrolysed oil she was exposed to dust, which caused her to develop her cough and awarded the flight attendant $139,000.

East West Airlines Ltd v. Turner [2010] NSWCA 53; BC201001873 - 01 Apr 2010 - Supreme Court of New South Wales, Court of Appeal.

Judgement available here>>.

Germany: reference for preliminary ruling of the ECJ with regard to Reg. 261/2004

A German court (Amtsgericht Köln) has recently filed a reference for preliminary ruling with regard to the follwoing question:

Does Article 4(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 ( 1 ) apply to a passenger with a confirmed reservation for an outward and a return flight who does not present herself for boarding for the return flight owing to the following circumstances:

• The operating air carrier denied the passenger, who had presented herself punctually for boarding for the outward flight, boarding against her will and announced its intention of denying her boarding on the return flight.

• Boarding was denied because of the operating air carrier’s mistaken assumption that, because of a chargeback, it was entitled to a processing fee, which the passenger had not yet paid?

Case C-226/10 - Hannelore Adams v. Germanwings GmbH

Source: Official Journal of the European Union C 209/15

Austria: new Supreme Court decision on loss of holiday enjoyment

A couple booked a package holiday arrangement for their honeymoon in Egypt at EUR 1.448. Back home they complained about improper performance and assigned their claims to a consumer protection association (Verein für Konsumenteninformation - VKI) which sued for a price reduction of EUR 1.320,90 and compensation for loss of holiday enjoyment of EUR 560 (deducting a refund of EUR 141 by the tour operator).

First instance court (Bezirksgericht für Handelssachen Wien) granted additional EUR 150,60 comprising of a price reduction of 5 % for a defect air condition, 5 % for construction noise and another 10 % for an insufficient beach space (contrary to promises in the brochure) but dismissed the claim for compensation for loss of holiday enjoyment.

Appelate court (Commercial Court Vienna - Handelsgericht Wien) doubled the price reduction by granting additional 5 % for bad water quality of the pool, 5 % for ponding the room when flowers were watered and another 10 % for noise during the night. However, appelate court upheld dismissal of the claim for compensation for loss of holiday enjoyment: the shortcomings had not exceeded the threshold of relevance.

Upon further appeal by the plaintiff, Supreme Court in judgement 2 Ob 45/10x of June 17, 2010 emphasized the different legal nature and purpose of price reduction on the one hand and compensation for loss of holiday enjoyment on the other. Following a previous decision, Supreme Court decided in favour of a rather low threshold of relevance and granted the claim for compensation for loss of holiday enjoyment. However, Supreme Court disagreed with the view that the threshold of relevance with regard to loss of holiday enjoyment should be equated with any shortcoming more than negligible under warranty law.

The total grant thus amounted to EUR 1.002,20. Supreme Court noted that the price reduction granted by the appelate court (which was not subject of his decison) was "very generous" in favour of the claimants.

Note:
1) Even given this generous grant, the consumer protection association only succeeded with roughly 58 % of the claim - which proves a tendency of the assocoation to sue for excessive amounts.
2) The fact that it was a honeymoon trip was not decisive.

Full text of judgement 2 Ob 45/10x of June 17, 2010 available in German here>>.

UK: airlines fail to comply with EU passenger compensation rules

The UK Air Transport Users Council (AUC), set up and funded by the Civil Aviation Authority (CAA) to help protect the interests of air travellers, says that airlines are repeatedly failing to meet their obligations under European Union law to aid passengers affected by delays and cancellations. Between April and June, AUC received more than 7,500 complaints from travelers, many of them resulting from carriers refusing to compensate accommodation costs for passengers stranded during the volcanic ash crisis.

Source: AUC press release>>.

Thailand to review regulations to attract more tourists

Finance Minister Korn Chatikavanij announced that Thailand is willing to review regulations in the tourism sector to give more access to foreign investors and professionals in a move to attract more visitors.

Find full article here>>.

ISO: Focus on Travel

The July/August 2010 issue of ISO Focus+, the magazine of the International Organisation for Standardization (ISO), features some of the key standards that facilitate travel covering issues such as safety and security of travellers (machine readable passports, visas and travel documents , biometrics); travel and tourism signboards ; the proposed new ISO standard for adventure tourism (activity conducted by the ISO Technical Committee ISO/TC228Tourism and Related Services ),other areas such as quality management (ISO 9001:2008 certification), ISO standards regarding energy and water, food and beverages, air filtration and HVAC systems, furniture, cosmetics and their implementation in the accommodation sector . But, there are also two other ISO standards in relation with the protection of consumers which are mentioned in this ISO Focus+ Issue (particularly with the reference to the consequences of the Icelandic volcano crisis and future similar crisis). These are respectively the ISO 31000 : 2009 Risk Management Standard and the ISO 26000: 2010 Guidance on Social Responsibility Standard ( including the consumer affairs).

Information passed on to IFTTA by Patrice Tedjini, UNWTO.

Find further details here>>.