Recent postings on IFTTA News

• German Supreme Court: tour organizer must not reserve alterations of the flying times;
• Austrian Supreme court asks CJEU for interpretion of Reg. 785/2004 and the Montreal Convention;
• Aviation Safety Network: accident fatalities at record low in 2013; 
•  UK: Supreme Court finds refusal of double room to same sex couple discriminatory;
•  U.S. Supreme Court refuses to hear appeal in West Caribbean Airways crash case; 
• Austrian Supreme Court: hotelier liable for legionella disease; 
• Canada: Ontario Superior Court of Justice decides on Montreal Convention exclusivity; 
• Australia: Supreme Cout of Queensland decides in 'cramped' air passenger case; 
• U.S. Jurisdiction re Eurail Pass; 
• Article on hotel classification in Ireland; 
• IFTTA Law Review 3-2013 now available online;
• UK: Court of Appeal decides in broken glass door case; 
• Australia to abolish travel agents licensing; 
• CJEU decides on jurisdiction in package travel case; 
• European Court of Human Rights: few hours' detention of airline passenger for airport security checks not excessive ; 
• Conference on latest developments in European Travel Law at ERA in Trier, Dec. 5-6, 2013; 
• CJEU: Including fingerprints in passports is lawful; 
• USA: DOT fines United Airlines USD 1.1 million for lengthy tarmac delays; 
• European Court of Human Rights affirms internet news portal's liability for offensive online comments of its readers about a ferry company; 
• USA: Appelate court decides on angry passenger's Facebook and Twitter posts about an airline employee; 
• Master program in International Tourism Management and Analysis (ITMA); 
• France: Court of Appeal affirms fine for price fixing in the leisure and tourism sector; 
• UK: Court of Appeal clarifies "accident" according to Article 17 of the Montreal Convention;         

IFTTA News - Recent Items

• USA: Federal Aviation Administration to reexamine passenger use of portable electronic devices on board aircraft;
•  CJEU: no distance contract required for consumer forum pursuant to Brussels I Regulation; 
• USA: court decides on passenger complaint against cruise ship operator; 
• USA: defamation lawsuit against TripAdvisor dismissed; 
• Bulgaria: new tourism legislation in parliament; 
• California: new law allows travel agents to sell travel insurance; 
• Australia: Indonesian national airline not immune from legal action by the Australian Competition and Consumer Commission; 
• USA: cruise ship forum-selection clause upheld;
• Germany: one more reference for ECJ preliminary ruling on Reg. (EC) 261/2004; 
• Florida: Costa Concordia lawsuit dismissed; 
• European Court of Justice decides in two denied boarding cases; 
• Austria: reference for ECJ preliminary ruling on Brussels I-Regulation; 
• Travel Agent Arbiter in US Digitizes all substantive decisions; 
• Single European Sky: 10 years on and still not delivering; 
• German Supreme Court: no air transport contract for passenger "Still Unknown"; 
• UK: Birmingham County Court decides in broken glass door case; 
• ECJ reconfirms "Sturgeon" decision; 
• Germany: Supreme Court decides on international jurisdiction with regard to letting of holiday homes; 
• ECJ decides on VAT taxation of in-house transport services provided by a travel agent; 
• Austrian Supreme Court: domain "hotel.eu" registered in bad faith; 
• German Supreme Court: no compensation from non-EU carrier for delay of connecting fligth departing from non-EU airport; 
• Germany: court decides that airline can ban OTA from access to its booking website; 
• CLIA: new safety policies for global cruise industry; 
• ECJ clarifies time limit for court actions under EU Air Passenger Rights Regulation; 
• ECJ: Rail passengers must be given information on main connecting services, whichever railway undertaking operates them; 
• ECJ decides on airlines' liability for checked baggage pursuant to the Montreal Convention; 
• U.S.-DOT: new rules for charter operators;
• Canada: class action over expiring loyalty program points; 
• USA: DOT fines Travelzoo for violation of Code-Share Disclosure Rules; 
• USA: Federal Trade Commission requires hotels to disclose all mandatory surcharges; 
• EU-Commission updates Airline Blacklist; 
• USA: DOT fines Vision Airlines for charter violations; 
• IFTTA Law Review 3-2012 available online; 
• California: Attorney General files Law Suit against Delta Airlines over mobile app; 
• German Supreme Court: consumer entitled to cancel cruise to the Caribbean because of ash cloud preventing him to fly; 
• USA: airlines to challenge DOT advertising rule before U. S. Supreme Court; 
• USA: DOT collected USD 3.6 M in fines for air passenger rule violations in 2012                            

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>>.

European Union: airline blacklist updated

The European Commission has updated the list of airlines banned in the European Union to include one carrier from Surinam and to expand the operating restrictions on Iran Air. In addition, two carriers from Indonesia have been removed from the list of banned airlines.

Source: EU Press Release IP/10/892 of July 6, 2010

Updated blacklist available here>>.

USA: Cruise Line Vessel Security and Safety Act passes the House

The Cruise Line Vessel Security and Safety Act of 2009 passed the House on Wednesday evening; the Senate has already unanimously approved the bill. The approved legislation is a significant victory for cruise passengers’ rights and is now being sent to President Barack Obama for his signature.

The bill requires the cruise industry to comply with a number of security provisions that mandate ship rail heights, peep holes in cabin doors and video surveillance systems. Crews are required to record alleged crimes and report all serious crimes to the Coast Guard and FBI.

Source: sun-sentinel.com; find article here>>.

USA: airline food unsafe?

Food and Drug Administration (FDA) reports found that many meals served to passengers on major airlines are prepared in unsanitary and unsafe conditions. The FDA reports say many facilities store food at improper temperatures, use unclean equipment and employ workers who practice poor hygiene. At some, there were cockroaches, flies, mice and other signs of inadequate pest control.

Source: USA today; find article here>>.

USA: Senate approves cruise safety bill

The Senate voted unanimously Thursday to require the cruise industry to be more transparent in reporting cruise ship crime and comply with new cabin security and surveillance measures. The House must approve some legislative changes the Senate made to the bill, before it goes to the president for his signature.

Source: Travel Weekly; find article here>>.

UK: law suit over flight bans caused by volcanic ash?

EasyJet reportedly is planning to bring a class action lawsuit to win compensation for flight bans imposed by Europe’s air safety authorities. Most of Europe’s airspace was closed for nearly a week from April 15 after a huge ash cloud from the eruption of Eyjafjallajökull stranded millions of passengers and paralysed freight and businesses.

Source: Times online; find article here>>.

EU updates aviation security rules

Regulation 300/2008 on aviation security applicable as of 29 April 2010 puts in place new rules to improve, streamline and simplify existing procedures. For example by:

• Eliminating duplication of security controls. For example, reducing costly duplication of checks in strictly controlled areas of EU airports, where there has already been strict screening for access. This is of significant operational benefit for airlines and airports.
• Simplifying procedures. For example, by establishing a single set of standards for the documents you need to get access at airports. The new rules clarify which kinds of identification and authorisations are necessary for access to different restricted areas. This clarifies the situation for authorities making it easier for them to operate the system.
• Harmonising procedures. For example, introducing EU-wide procedures for the recognition of hauliers transporting air cargo consignments. These can be recognised and used by hauliers in all Member States – this reduces restrictions for hauliers and the need for costly re-screening of cargo.
• Introducing common minimum standards as regards security training for all staff that implement security controls.

By 29 April 2013 at the latest, all liquids will be allowed in cabin baggage and will be screened. By that date, the current restrictions on the carriage of liquids in cabin baggage will end. The transition period until 2013 is necessary to allow for a roll-out of liquids screening equipment at all EU airports.

Source: Europa Press relase RAPID IP/10/479 of 29/04/2010

UNWTO: Event on Travel and Tourism under Challenging Circumstances

To be better prepared for crisis situations, the World Tourism Organization (UNWTO), with the joint collaboration of the Ministry of Tourism of Malaysia, is convening a review and preparation exercise for the region of Asia and the Pacific which is to take place in Kuala Lumpur, Malaysia on the 3-4 May of 2010.

Primarily aimed at the region of Asia and the Pacific, the objective of this review and preparation exercise is to address the challenges and opportunities that the ongoing pandemic has brought so far onto the tourism industry, with special emphasis on coordination, market intelligence and communications. The analysis of the unfolding pandemic (H1N1) 2009 situation will be also used to better prepare for other crises situations whether of global or regional importance.

The exercise will address the following:

• The current situation of the pandemic (H1N1) 2009 and the possible scenarios of future development.
• Key challenges for the travel and tourism sector with a special emphasis on coordination at national and international level.
• Modern Crisis Communications combining the best of both the classical approach and the modern communications/social networks.
• Strategies to help limit the negative impacts, to best adjust the preparations of the travel and tourism sector and lessons learned since the onset of the pandemic.

Further information to be found here>>.

IATA: severe criticism on European response to Icelandic volcano eruption

The International Air Transport Association (IATA) sharply criticized European governments for their lack of leadership in handling airspace restrictions in light of the Icelandic volcano eruption, and urged a re-thinking of the decision-making process. IATA in particular criticized Europe’s unique methodology of closing airspace based on theoretical modeling of the ash cloud an that decisions have been taken without adequately consulting the airlines.

Source: IATA press release of April 19, 2010; find full text here>>.

European Union: updated airline blacklist bans airlines from Philippines and Sudan

To improve safety in Europe, the European Commission – in consultation with Member States’ aviation safety authorities – has decided to ban airlines found to be unsafe from operating in European airspace. The 'blacklist' was established in 2006 and is updated annually.

The latest update of March 30, 2010 imposes an operating ban on all airlines from Sudan and the Philippines due to noncompliance with international safety conditions. Some Iran Air jets will also be banned from flying to Europe while North Korea's state-owned carrier Air Koryo has received a partial exemption from the airline blacklist.

Source: EC press release of March 30, 2010

Find updated list here>>.

USA: cruise industry supports proposed safety legislation

Contrary to its previous position, on Monday the U.S.cruise ship industry supported proposed federal safety legislation, which would provide cruise ships with increased security.

The bill aims to make reporting crime aboard ships mandatory and require ships to install security latches and peepholes in cabin doors. Along with security precautions, ship physicians would also have to be trained in sexual assault examinations.

Source: TravelAgentCentral; find article here>>.

France: passenger demonstrations following Yemenia crash

In France potential passengers –mostly from the Comores community - are refusing to fly again with Yemen flag carrier, denouncing the poor quality. They ask French authorities to ban the airline from French and even EU skies. It is an unprecedented move against an airline with serious potential consequences for the airline industry: Passengers forcing an airline to out of a market could create a precedent open a new era in the relations between airlines and their customers.

Following demonstrations Yemenia announced to “temporarily” suspend its flights to and from Marseille-Provence airport and finally announced to also suspend its flights from Paris until conditions are improving. Anyway, Yemenia will be forced to dramatically improve its safety.

Source: eTurboNews; find Article here>>.

USA: Al Anolik discussing cruise-safety on the radio

In an interview with Sandy Dhuyvetter of Travel Talk Radio, Al Anolik, founding member and president emeritus of IFTTA, shared his views on the Cruise Vessel Security and Safety Act currently pending before the US Congress.

The interview can be read at eTurboNews here>>.

USA: FAA publishes Bird Strike Database

The Federal Aviation Administration (FAA) has made its entire Bird Strike database available on a public website by April 24. Portions of the database have been publicly available since the information was first collected in 1990, but the public is now able to access all of the database's fields. Over the next four months, the FAA will make significant improvements to the database to improve the search function and make it more user-friendly. In its current format, users will only be able to perform limited searches online, but will be able to download the entire database.

The FAA also plans to work with the aviation community to find ways to improve and strengthen bird strike reporting.

Source: FAA press release of April 22, 2009
Database available here>>.

"Commission updates the list of airlines banned from European airspace"

As stated by the EU Press Room, "The European Commission today adopted the update of the so-called blacklist of airlines that are banned from flying into the European Union due to safety concerns. The Commission has imposed a ban on six airlines from Kazakhstan, one airline certified in Thailand, one additional Ukrainian air carrier and on operations of all carriers certified in Benin.
'The Commission will continue to actively pursue a dialogue with everyone involved in aviation to ensure that all aircraft and air carriers conform to internationally required levels of air safety. Air passengers are entitled to feel safe and be safe when their plane takes off,' said Antonio Tajani, Commission Vice-President in charge of transport.
The new list, which replaces the previous one published in November 2008, can be consulted on the Commission’s website. Following the unanimous opinion of the Air Safety Committee, the Commission updated the list and decided to expand the list and impose an operating ban for safety reasons on the following air carriers:

• Air Company Kokshetau, ATMA Airlines, Berkut Air, East Wing, Sayat Air and Starline KZ (Kazakhstan)
• One Two Go Airlines (Thailand)
• Motor Sich Airlines (Ukraine)
• All airlines certified in the Republic of Benin on the basis of the negative results of an audit by the International Civil Aviation Organisation (ICAO).
  

The Commission noted good progress in relation to the measures taken by Angola in order to improve the safety situation. In particular, it took note of the progress report drawn up by the aviation authorities of Angola on the implementation of corrective actions following the visit of a team of European experts in February 2008 and the publication of the ICAO safety audit report in October 2008.
A report of the visit of a European team of experts to Indonesia in February 2009 showed considerable improvements. The Commission will continue close consultations with the aviation authorities with a view to re-assessing the safety situation at the next meeting of the Air Safety Committee.

Hence from today the Community list imposes a ban on:

All carriers from Angola, Benin, Equatorial Guinea, Indonesia, the Kyrgyz Republic, Liberia, Sierra Leone, Swaziland, the Democratic Republic of Congo (DRC) and Gabon save for Gabon Airlines and Afrijet, which have exemptions for a small number of aircraft.

Sixteen individual carriers:

• Afghanistan – Ariana Afghan Airlines
• Cambodia - Siem Reap Airways International
• Democratic People's Republic of Korea - Air Koryo
• Kazakhstan - Air Company Kokshetau, ATMA Airlines, Berkut Air, East Wing, Sayat Air, Starline KZ
• Rwanda - Silverback Cargo Freighters
• Sudan - Air West
• Thailand - One Two Go Airlines
• Ukraine - Motor Sich Airlines, Ukraine Cargo Airways, Ukraine Mediterranean Airlines and Volare Aviation"

USA: seven airlines sue FAA over Crew Rest Rules

Seven major U. S. carriers, including American Airlines, Continental Airlines, United Airlines, US Airways, JetBlue and two smaller carriers, have joined in a lawsuit to protest stronger federal rules governing crew rest on longer international flights. The airlines alledge the Federal Aviation Administration (FAA) had bypassed the usual rule-making process and the new rule would subject the airlines to “substantial burdens and costs".

The FAA rules would require that pilots on the longest international flights get more rest before flying again. The extra rest would be required even when only 10 percent of flights on a particular route exceed 16 hours. The rules are intended to cover pilot fatigue, an issue that some say is a growing concern.

Source: travelpulse.com; find article here>>.

Austria: another water slide case decided by Supreme Court

Once again Austrian Supreme Court (OGH) had to deal with an accident at a water slide: 16 year old plaintiff used defendants' water slide by sliding down in a kneeling position. Due to the elevated barycentre in this position he tilted, fell and hurt his teeth. His claim for compensation for pain and suffering was dismissed by OGH as the water slide was buildt in accordance with European technical standards and pictographs at the entrance showed that it was only allowed to slide down in a sitting or horizontal position. OGH held there was no obligation to explicitly advise of forbidden and dangerous sliding positions.

OGH decision available for download in German here>>.

European Union: Airline Blacklist updated

On Nov. 14th the European Commission updated the list of airlines banned within the EU for safety reasons. New on the list is Cambodian Siam Reap Airlines International. The ban of TAAG Angola Airlines has been extended to all Angolan airlines.


The updated list is available for download here>>.