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                            

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;
  

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>>.

USA begins to collect entry fees on travellers from Visa Waiver countries

The Department of Homeland Security (DHS) announced that it will begin collecting fees on travellers from Visa Waiver countries beginning Sept. 8, 2010. Travellers will be charged a USD 10 fee when applying for an Electronic System for Travel Authorization (ESTA). A portion of the fee will go toward funding the Corporation for Travel Promotion, created by the 2009 Travel Promotion Act. Customs and Border Protection, the DHS unit that is overseeing the process, also established a USD 4 cost-recovery fee for the ESTA program, meaning the total to visitors will be USD 14.

Currently, travelers from Visa Waiver countries are required to log on to a secure U.S. government ESTA website, enter their passport information and expected itinerary, and wait for an electronic authorization, which is good for multiple entries for two years.

Source: Travel Weekly; find article here>>.

Canada: investigation on passenger face control by airlines

Transport Minister John Baird has ordered an investigation into whether airlines are enforcing rules that require staff to see the faces of passengers who board their flights. He said in a statement that there are procedures in place to verify the identity of anyone who has their face covered, adding the approach is consistent with international standards, regardless of culture or religion.

Find full article here>>.

USA: law suit against government bodies over "No Fly List"

The American Civil Liberties Union (ACLU) filed a first-of-its-kind lawsuit on behalf of 10 US citizens and lawful residents who are prohibited from flying to or from the United States or over US airspace because they are on the government's "No Fly List" against the US Department of Justice, the FBI, and the Terrorist Screening Center in US District Court for the District of Oregon. None of the individuals in the lawsuit have been told why they are on the list or given a chance to clear their names.

The ACLU's complaint is available online at: www.aclu.org/national-security/latif-et-al-v-holder-et-al-complaint

More information about the ACLU's lawsuit is available online at: www.aclu.org/national-security/aclu-challenges-government-no-fly-list-0

Source: aclu.org

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>>.

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

UK lawmakers: privacy fears over body scanners overblown

The privacy fears raised by the deployment of full body scanners at airports are overblown, a committee of British lawmakers said Wednesday, adding that the technology was no more of a threat to passengers' rights than pat-downs or bag searches.

The government promised to install body scanners across Britain's airports after a botched attempt to bring down a Detroit-bound jet on Dec. 25 — allegedly by a terrorist who hid explosives in his underwear.But privacy groups bristled at the prospect of scans that can peer under clothes to reveal hidden items, likening them to a "virtual strip search."

The report welcomed the introduction of the scanners and recommended that other security measures be adopted quickly, including new equipment to sniff out trace levels of explosives.

Source: Los Angeles Times; find article here>>.

Idaho: lawmakers block full-body scanners

The Idaho House of Representatives has voted 58-9 in favor of HB 573, legislation from Rep. Phil Hart, R-Athol, to restrict the use of full-body imaging for airport security in Idaho. Rep. Russ Mathews, R-Idaho Falls, backed the bill, saying Americans shouldn’t sacrifice freedoms in the name of security. The bill now moves to the Senate.

Source: The Spokesman-Review; find article here>>.

USA: extra checkpoint screening of airline passengers from 14 countries

Due to a new directive of the Transportation Security Administration airline passengers flying to the U.S. from 14 countries with terrorism problems will face extra checkpoint screening at overseas airports. The countries include Afghanistan, Algeria, Iraq, Lebanon, Libya, Nigeria, Pakistan, Saudia Arabia, Somalia and Yemen as well as Cuba, Iran, Sudan and Syria.

The new directive will be in place indefinitely and replaces an emergency order the TSA imposed after a Nigerian passenger tried to blow up a Northwest Airlines flight near Detroit on Dec. 25.

Source: USA Today; find article here>> and TSA statement here>>.

UN Sanctions against Eritrea

In a 13-0-1 vote the UN Security Council opted for sanctions aganinst Eritrea until such time that the country "ceases arming, training, and equipping armed groups and their members including al-Shabab." Regime leaders and collaborating businesses are now also subject to travel bans, and a freeze of assets is reportedly underway for both individuals, as well as companies.

Source: eTurboNews; find article here>>.

USA: railroad passengers allowed to transport guns in checked bags

The Senate voted Wednesday to permit passengers on the Amtrak passenger railroad to transport handguns in their checked baggage. The proposal, approved by a 68-30 vote, seeks to give Amtrak riders rights comparable to those enjoyed by airline passengers, who are permitted to transport firearms provided that they declare they are doing so and that the arms are unloaded and in a securely locked container.

Source: USA Today; find article here>>.

USA: Lawsuit on Border Laptop Searches

The American Civil Liberties Union (ACLU) has filed a lawsuit in the U.S. District Court for the Southern District of New York demanding that U.S. Customs and Border Protection (CBP) release details of its policy that allows the agency to search travelers' laptops at U.S. borders without suspicion of wrongdoing. The law suit is an effort to get CBP to respond to a Freedom of Information Act (FOIA) request that the civil liberties group filed in June about the laptop-search policy. Though the FOIA law requires it to give a response within 30 days the agency has not supplied information.

Source: The New York Times; find article here>>.

Bangladesh: new tourist police

Bangladesh has formed a police unit to better protect local and foreign tourists and tourism spots. Another main task for this particular unit will be to look after the nature and wildlife in the tourist spots.

Due to the country's National Tourism Authority (NTA), a total of 349,837 foreign tourists visited Bangladesh in 2008, about 21 percent more than in 2007.

The lack of security and poor infrastructure were largely blamed for lower tourist arrivals in the country's remote tourism spots. It is the purpose of the new police unit to change that.

Source: www.xinuanet.com; find article 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>>.

USA: lawmakers seek assurance on privacy of passenger data

U.S. Federal lawmakers want to know what will happen to sensitive data of more than 150,000 travelers after the country’s leading airport secruity fast-lane company ceased operation last week. The House Homeland Security committee asked the TSA in a letter last Thursday to explain what it knows about the privacy of the data of the 165,000 customers of the privately-issued Clear pass. That data trove left a lot of unanswered questions after Clear suddenly closed.

Source: wired.com; 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: Departments of Homeland Security and State Certify Western Hemisphere Travel Initiative Criteria

The U.S. Departments of Homeland Security (DHS) and State (DOS) announced on Feb. 26, 2009 that their efforts have enabled the departments to jointly certify to Congress that all statutory criteria have been met prior to implementing the Western Hemisphere Travel Initiative (WHTI) at land and sea borders on June 1, 2009.

WHTI is a joint DHS-DOS plan to implement a core 9/11 Commission recommendation, which Congress subsequently passed into law in the Intelligence Reform and Terrorism Prevention Act of 2004. Upon implementation of WHTI, travelers will be required to present a single WHTI-compliant document denoting both citizenship and identity when seeking entry into the United States through a land or sea border. The WHTI secure document requirement is already in place for all air travelers, and applies to travelers entering the United States who were previously exempt, including citizens of the U.S., Canada and Bermuda.

Source: DHS press release; find full text here>>.

UK: database to track international travel of all Britons?

Due to a report by The Sunday Times, British government is building a secret database to track and hold the international travel records of all Britons. The intelligence centre will store names, addresses, telephone numbers, seat reservations, travel itineraries and credit card details for all passenger movements in and out of the UK each year. The computerised pattern of every individual’s travel history will be stored for up to 10 years.
The database is seen as an essential instrument in the fight against crime, illegal immigration and terrorism.

Source: The Sunday Times; find article here>>.