Thursday, September 30, 1999

Air Agreement Dispute

The Air Agreement between the Philippines and Taiwan collapsed in July when the Philippines accused Taiwanese carriers of failing to stick to the agreed 3000 passengers per week. Philippines Airlines (PAL) has announced that it is cancelling scheduled flights to and from Taiwan on Friday 1 October unless agreement is reached.

(Originally posted by John Downes)


European Commission blocks Airtours Takeover of First Choice

The EU Commission rejected the proposed takeover because it would leave the three largest tour operators in the UK with 80% share of the package holiday market (Airtours, Thomson and Thomas Cook). These companies are also vertically integrated and the Commission believed that the proposed merger would restrict competition in the UK package holiday market.

(Originally posted by John Downes)

Holy See Prepares for 30 million visitors in 2000

The Vatican has created a new website to provide advice for the estimated 30 million pilgrims expected to visit the Holy See in 2000. The site is available in Italian, French, English, Portuguese, Spanish, German, Latin and Polish. Russian, Chinese and Arabic are expected to be added. It has also issued a new "smart card", a computerised Pilgrim's Card which can be used to purchase transport, food, insurance, phone calls and other services. A microchip on the card can also contain essential information on the health of the bearer.

(Originally posted by John Downes)

Transfer of Powers in the UK

The Devolution of power in the UK means that new bodies are now responsible for travel and tourism matters. The UK Parliament has power to make laws governing all matters relating to travel and tourism in England and Wales. It also enacts legislation on the British Tourist Authority, the English and Welsh Tourist Boards, travel documents (passports and visas), regulation of trade associations (e.g.ABTA), consumer protection and employment law for the whole of the UK. The Scottish Parliament has powers in relation to all other travel and tourism law matters, including setting tourism policy in scotland and the functions and powers of the Scottish Tourist Board. No change may be made by the UK Parliament re the functions and powers of the BTA without prior consultation with Scottish Ministers. The Welsh National Assembly (Cynulliad Cenedlaethol Cymru) took over the functions and powers previously excercised by the Secretary Of State for Wales and this included tourism in the Principality. The Assembly has powers to set tourism policy and has a budget to support and encourage tourism development. It does not have legislative powers, however. The Northern Ireland Assembly will have similar legislative powers to the Scottish Parliament and provision is made in the Peace Agreement (Northern Ireland Act 1998) for cross-border cooperation with the Irish Republic on tourism matters. The UK Government has introduced a Bill to establish a Greater London Assembly which will have specific powers and duties on tourism, economic development, transport, planning, emergency services, environment and culture. The directly elected Mayor will have executive powers in these matters and a budget.

(Originally posted by John Downes)

Diana Ross Arrested at Heathrow Airport During Security Check

The legendary singer, Diana Ross was arrested at Heathrow Airport and detained for 5 hours after an alleged assault on a female security officer. The officer claimed that Miss Ross assaulted her after she had carried out a routine security check at the airport. Miss Ross objected to the intrusive nature of the search and said that she retaliated at what she regarded was degrading treatment. She questined why she could not have been searched using a hand held detector. The airport authority said that security officers are required by law to conduct a hand search in those circumstances.

(Originally posted by John Downes)

New Transport Regulations Following Death of Tourists in Bus Crash

The South African Transport Ministry has announced new measures to combat the country's high road deaths rate. 26 British tourists were killed on Monday 27 September 1999 when the tour bus on which they were travelling left the road and tumbled down a mountainside. Another 9 people travelling on the bus were badly injured. Most of those killed were retired people. The coach had a "black box" similar to those used on aircraft to record the sequence of events leading up to the crash. The Department of Transport has set up a Commission of Inquiry which is expected to report within 60 days. A total of 59 people have been killed in bus crashes in South Africa in the last 7 days. The measures proposed include: - vehicle fitness testing - lower speed limits for buses - regulations governing maximum driver's hours - mandatory advance courses for long distance drivers.

(Originally posted by John Downes)

Gerona Action Group formed after Crash

235 Welsh passengers walked free when their holiday aircraft from Cardiff broke into three pieces as it lurched off the runway at Gerona Airport on Tuesday 14 September 1999. One 83 year old passenger died three days later at his hotel. The Gerona Action Group has been established by a firm of lawyers in response to a request by 30 of the passengers. The aim of the group is to ask questions about the safety of holiday airports. Passengers claimed that it took emergency services one hour to come to their assistance. The Spanish authorities deny that it took so long but point to the poor visibility at the time which meant that it took them 10 minutes before they realised that the jet had left the runway and even longer to locate the plane.

(Originally posted by John Downes)

New Hotel Ratings System

The English Tourism Council, the RACT and AA have collaborated to produce a new rating system for hotels in England. There is no statutory system currently in operation in the UK but the new system is expected to replace the plethora of grades and symbols that currently exist and cause confusion for tourists. The new system is based on star ratings 1-5 depending on level of service, range of facilities and level of guest care. Scotland and Wales are also expected to devise their own systems.

(Originally posted by John Downes)

Tuesday, September 14, 1999

Arbitration

In August, the Turkish government approved new arbitration regulations which amend existing regulations and which provide for international arbitration to take place for the first time. The new regulations are expected to come into force in October.

(Originally posted by John Downes)

Growth in Tourism

Tourism continued to boom in 1998. Receipts from tourism in the EU grew by 6.5% to 155.6 bn (£101.9 bn / $163.04 bn) in 1998. France and Spain remain the most popular destinations in the EU but Greece had the biggest increse in travel (37.2%) and expenditure (33.4%).

(Originally posted by John Downes)

Abolition of Duty Free

EU Commissioner Mario Monti welcomed the abolition of duty-free sales as excellent news for EU taxpayers. This ends the massive subsidies of Euro 2 bn (£1.3 bn / $2.08 bn) which were paid to air and sea travel in the EU. [IP/99/432)

(Originally posted by John Downes)

New Commissioners

The new Commission President, Romano Prodi, announced his nominations for the new Commission in July. These include: Loyola de Palacio (Spain) - Transport and Energy; David Byrne (Ireland) - Health and Consumer Protection; Mario Monti (Italy) - Competition; and Antonio Vitorino (Portugal) - Justice and Home Affairs.

(Originally posted by John Downes)

E-Commerce

Amendments have been made to a proposed EU Directive on E-Commerce which aims to establish a coherent legal framework for e-commerce within the single market. The amendments clarify some of the definitions used and clarifies the link between this Directive and existing Directives on Data Protection. It also clarifies when an e-commerce transaction is legally concluded. The full text can be downloaded from http://europa.eu.int/comm/dg15/en/media/eleccomm/eleccomm.htm. [IP/99/652]

(Originally posted by John Downes)

Clampdown on Sex Tourism

The Japanese parliament has approved a new law to prohibit the sexual exploitation of children. It prohibits commercial sexual relations with persons under 18 years of age and prevents Japanese tour operators from organising sex tours abroad. The unanimous vote of the parliament on 18 May addresses the criticism which has been made that Japan was 'soft' on child pornography and sex tourism. The new law means that Japanese law is now in conformity to the UN Convention on the Rights of the Child.

(Originally posted by John Downes)

Offer of Compensation

Swissair and Boeing have offered compensation to relatives of the 229 people who died after their flight was lost off the coast of Nova Scotia (Canada) in September 1998. The offer was made in a pre-trial meeting in a Philadelphia federal court. As part of the deal, the relatives would have to waive their "16bn (£10bn) claim for punitive damages. The companies have stressed that this does not amount to an admission of guilt. The case is due for its next hearing on 13 September.

(Originally posted by John Downes)

Compensation for Bombing of Plane

Libya provided FF 200m ($31m/£50m) to compensate families of those killed in the bombing of a UTA DC-10 over Niger on a flight from Brazzaville (Congo) to Paris on 19 September 1989. 170 people were killed. A Paris court sentence 6 Libyans in absentia in March for placing the bomb on the plane. The French Foreign Ministry said that the sum was "an acknowledgement by the Libyan authorities of the responsibility of their citizens in accordance with the rulings of French justice".

(Originally posted by John Downes)

Sex Tourism Charge

Philip Williams from Edinburgh has been charged with having sex or perfomring sexual acts with under age children whilst working as a school teacher in Cambodia. The case has been raised under a law introduced in 1992 which enables the Scots courts to hear cases of child sex abuse committed whilst the accused was abroad.

(Originally posted by John Downes)

Lockerbie: Update

The trial of the two men accused of the Lockerbie bombing is now scheduled to take place on 4 February 2000. Permission has been given to extend the 110 day rule whereby the accused must be brought before a Scottish court within 110 days of being charged. The extension was agreed because of the complexities of the case. The case will take place at Camp Zeist in the Netherlands which, for the purpose, will become Scottish territory and the case will be tried according to Scots law. The accused attempted to have the Sunday Times held in contempt of court, arguing that an article in the paper would jeopardise a fair hearing of their case. However, this was rejected by the High Court in Edinburgh on the grounds that, since the case would be before three judges rather than a jury, the accused would suffer no prejudice.

(Originally posted by John Downes)

Conviction for Sex Tourism

John Arthur Lee has become the first person to be sentence in Australia for sexual abuse of children abroad. His conviction was secured under a law passed in 1994 which enabled authorities to prosecute for sex abuse crimes committed abroad. Lee was sentenced to 14 years imprisonment on one count of sexual intercourse and four counts of indecent relations with under age girls. There were no witnesses or testimony from the victims. The court relied entirely on a series of pornographic photographs and undeveloped film which Lee had taken whilst in Cambodia. Although his face did not appear in the photogrphs he was identified from them by forensic experts.

(Originally posted by John Downes)

Warsaw Convention

On 22 April 1999 Mr Justice Howitt in the English High Court ruled that the EC Regulation on Passenger Liability is in conflict with the Warsaw Convention obligations of the UK and thus concluded that the Regulation was "in suspense". The Regulation imposed stricter obligations on air carriers than those provided under the Warsaw system.

(Originally posted by John Downes)

Package Travel Directive

The Package Travel (Amendment) Regulations 1998 were introduced to deal with the anomaly in the UK's implementation fo the Package Travel Directive. Article 4 of the Directive requires the organiser to provide the consumer, before the contract is made, with, inter alia, general information on passports and visa requirements applicable to nationals of Member States. Article 3 also requires such information to be contained in any brochures. The UK Regulations only required information for British citizens. The amendment extends the provision to cover all European Ecomonic Area citizens, i.e. EU citizens and citizens of Norway, Iceland and Liechtenstein.

(Originally posted by John Downes)

Competition

British Airways has been fined Euro 6.8m (£4.45m / $7.12m) by the EU for breach of EU competition rules. British Airways offered extra commission to travel agents who promoted its tickets over those of its rivals. This created an illegal barrier to airlines wishing to compete with BA's dominant position.

(Originally posted by John Downes)

Carriage of Passengers and their Luggage by Sea (UK Carriers) Order 1998

This Order increses the limit of liability of UK sea carriers to 300 units of account per passenger.

(Originally posted by John Downes)

Travel Agents Provide Poor Advice

A report by the Consumers' Association, following tests of 240 travel agents throughout the UK, found that more than 2/3 failed to find the chapest fare available for a flight between London and Paris. They also failed to give advice on safety in Jamaica despite the information being available from the Foreign Office. The Consumers' Association say that the report highlights the poor level of advice on offer from travel agents. Despite this, ABTA point out that a MORI poll concluded in 1998 that 92% of holidaymakers rated the travel agnecy they most recently used as either 'very good' or 'fairly good'.

(Originally posted by John Downes)