No Deal on Passenger Data Transmission to US Authorities

The United States and the European Union failed to reach a new deal on sharing air passenger data before a Saturday deadline. Reaching an agreement before the deadline was an EU priority to ensure that airlines could continue to legally submit data about passengers flying from Europe to the United States. These data - including credit card details - must be transferred to the U.S. authorities within 15 minutes of a flight's departure to the U.S.. The European Court of Justice, in May ruled that the deal, put in place after the terror attacks of Sept. 11, 2001, was illegal because it had not used the correct basis in EU law. However, court allowed the data to keep flowing until Saturday to give officials time to negotiate a new agreement. Washington has warned that airlines failing to share the data will face fines and the loss of U.S. landing rights. Without the deal, airlines that provide the data to the U.S. authorities could face legal action from the national data protection authorities in EU states. Officials said negotiations would continue. Source: http://www.travelindustryreview.com/news/3215.

(Originally posted by Michael Wukoschitz)

Compensation and assistance to air passengers

Article 16 of EC Regulation 261/2004 on confers increased protections on most air passengers flying into or out of Community airports for delay caused by denied boarding, cancellation or long delay. Article 16 requires member states to ‘designate a body responsible for the enforcement of this Regulation … Where appropriate, this body shall take the measures necessary to ensure that the rights of passengers are respected.’ Given that the consumer rights are intended to deal with the immediate effects of flight delays, Article 16 might be understood as meaning that certainly in larger airports the ‘enforcer’ should actually be located in the airport so as to be able to receive, respond and intervene on behalf of air passengers with airlines.
However, the Irish government has not taken this view and has designated a state aviation body (the Commission for Aviation Regulation, rather than the consumer protection body) whose offices are based in downtown Dublin, as the enforcer. The public has been informed of this by the same newspaper and website notice http://www.aviationreg.ie/rights/notices.htm which says passengers may complain in writing or electronically to the city centre address. Fax will also be accepted.
Does the failure to locate the enforcer at a busy airport like Dublin amount to a failure to implement Article 16?

(Originally posted by Marc Mc Donald)

The Great Barrier Reef will not be closed to tourism

Responding to a recent report related to several world heritage sites being taken off the tourism map, the Queensland Tourism Industry Council has rejected the opinion that suggests closing off most of the Great Barrier Reef to tourism.
According to The Courier Mail in Australia, coral reef expert Terry Hughes, the Great Barrier Reef was a big place and the tourism industry had little impact. Source: http://travelwirenews.com/eTN/02OCT2006.htm

Female lifeguards at Goa's beaches

The popular tourist destination in India is set to hire women to patrol its white-sand beaches as lifeguards for the first time. Goa will train women and men from the local fishing community to serve as lifeguards. This is remarkable as women in India going out to beaches in swimsuit is surely not a common sight. Details here.

"One Price Policy" - a Victory for Consumers

The U.S. Department of Transportation (DOT), announced earlier this week that "public interest will best be served by maintaining the status quo" insofar as maintaining its air-transportation price-advertising rule. The DOT's decision was in keeping with the American Society of Travel Agents' (ASTA) comments , in which the Society argued for maintaining governmental restrictions on airline pricing in place to protect consumers. The DOT had solicited comments as to whether it should relax or possibly eliminate enforcement of its "One-Price Policy".
The "One-Price Policy" was established by the DOT in 1984 with the intent of clarifying what is and is not a deceptive price advertisement. The policy mandates how airfares are advertised, allowing only for the exclusion from the total price of fees that are just paid to governments and those paid for agency services that are not part of the transportation service. Everything else, including fuel surcharges, must be incorporated into the quoted price. The DOT had proposed that changes to the policy be made on the grounds that (1) a long time has passed since the original rule was adopted, and (2) electronic communications have led to changes in (a) marketing practices and (b) consumer sophistication. (70 Fed. Reg. 73961-73962).
Source: http://travelwirenews.com/eTN/21SEPT2006.htm)

(Originally posted by Michael Wukoschitz)

"High-level conference discusses future of aviation regulation" in Europe

According to the EU Press Room, "Fragmentation of the aviation regulation system still remains a problem. Today high level representatives of the national civil aviation administrations, aviation industry and the Commission met in Brussels to find ways to improve the efficiency of the system, cut costs and cover possible gaps in safety. The conference brought together the highest executives of both regulators and the industry stakeholder to formulate new and more efficient policies.
Vice-President Jacques Barrot, Commissioner in charge of Transport stated: “This conference builds on the recent successes of the Community initiatives in aviation and aims to bring us from the current patchwork approach to an integrated framework that gives Europe the regulatory capabilities it needs in a globalising world”.
Rapidly growing traffic and the success of air transport liberalisation in Europe have changed the environment where national legislators operate. The aviation industry is becoming more and more cross-border in its operations, but Europe’s regulatory structures have not kept up with the challenge. Many actors take responsibility for parts of the aviation system, in a way that is not always clear or efficient.
The European Community has already taken action by tackling some of the most burning problems, be they in passenger rights or creating capacity and maintaining safety in an evolving market
In order to modernise the European air traffic management sector, the Commission has also launched measures and initiatives such as the Single European Sky or SESAR, a new-generation air traffic management system (IP/05/1435). The extension of tasks of the European Aviation Safety Agency also aims to bridge existing gaps by including issues such as flight crew licensing, operations, airports and air traffic management (IP/05/1422).
Further Information on the Conference will be made available on the following webpage:
http://ec.europa.eu/transport/air_portal/2006_09_20_conference_en.htm"

Service Tax on Air Travel Impedimentary to Tourism?

The Civil Aviation Ministry in India has expressed concern over the impact of imposition of service tax on air travel on tour and travel business. In conjunction with the Tourism Ministry, Civil Aviation Ministry is intending to ask India's Finance Minister to reconsider the decision to impose service tax on air travel, which is now being charged on flying business class and first class on any airline.

(Originally posted by Michael Wukoschitz)

U.S. District Court Blocks Job Actions by Flight Attendants

United States District Court for the Southern District of New York overturned a bankruptcy court decision and granted Northwest Airlines' request for a preliminary injunction to prevent a threatened strike or work action by the company's flight attendants, represented by the Association of Flight Attendants.
For details see http://www.travelindustrydeals.com/news/875

(Originally posted by Michael Wukoschitz)

Government Imposes New Visa Regulations for Tourists

Thai government on Friday announced new visa regulations for tourists limiting the foreign visitors to a maximum stay of 90 days each every six months in order to ease social problems and crime in the country. For details see http://www.travelindustryreview.com/news/3059

(Originally posted by Michael Wukoschitz)

Tourists to sign up for values?

Australian lawmakers are in a heated debate over a proposal that would require visitors to Australia to sign an 'Australian values' pledge before being granted a visa to enter the country, according to published reports. "It's wrong to expect tourists to sign up to a country s values for a visit," said Australian Prime Minister John Howard. Prime Minister Howard was replying to proposals by opposition leader Kim Beazley, who had proposed visa reforms to include a section for people to sign up to Australian values, laws and institutions of democracy (http://travelwirenews.com/eTN/14SEPT2006.htm).

(Originally posted by Michael Wukoschitz)

Final Call - The Anthony G. Marshall Award (USA)

From HospitalityLawyer.com, I've just recieved this information request:

"HOUSTON - The nominations are winding down. Thank you for the tremendous response thus far, though there is still time left to recognize general counsel and private attorneys for the 2007 Anthony G. Marshall Award. One deserving person who has made a significant impact in the hospitality legal, safety or security arenas will be recognized at The 5th Annual Hospitality Law Conference, February 8th and 9th, 2007 in Houston, Texas.
The Hospitality Law Conference brings together over 350 general counsel, private attorneys, hospitality executives and industry experts from across the nation. The award, given in recognition of pioneering and lasting contributions to the fields of hospitality law, safety or security, was first given to Anthony G. Marshall, a renowned educator, author, speaker and columnist, at the 2005 conference. Banks Brown, a partner in the firm of McDermott, Will & Emery, was the honored recipient in 2006.
'We honor Anthony Marshall for his pioneering and continuing contributions to the field of hospitality law. He was the first to define reasonable care in a way that the average hotel manager, who is not a lawyer, could understand,' states Stephen Barth, founder of HospitalityLaw.com.
To nominate an individual for this prestigious honor, please submit by September 21st, 2006

• Nominee
• Brief biography of nominee
• Contact information of submitter & nominee

HospitalityLawyer.com is an efficient, cost-effective way for law firms, litigation support businesses and vendors of safety and security products to reach a large audience of hospitality industry decision makers; providing the access to build relationships and share knowledge with other experts in the field.

To submit a nomination, please contact Jeanie Gibbs at 713-963-8800, or email her at jeanie@hospitalitylawyer.com"

"How to fight terrorism and crime more effectively and enhance protection for citizens? The Commission adopts a green paper on detection technologies"

As stated by the EU Press Room, "The Commission has adopted a Green Paper on detection technologies for law enforcement, customs and other security authorities to further enhance the interaction between public and private sectors and help Member States acquire the best tools available at the lowest possible cost.
'Recent events in the UK have further underlined that detection devices must be continuously improved in order to reflect the ever changing threat posed by terrorists and criminals and to ensure that people are able to travel safely. Modern detection technologies have therefore an important role to play in the fight against crime and terrorism', said Vice-President Franco Frattini, Commissioner responsible for Justice, Freedom and Security.
Vice-President Frattini believes it is vital to establishing an effective public-private dialogue on security for better focussing investments on standardisation, research, certification and interoperability of detection systems and for transforming research results into useful and applicable tools. From this perspective the Vice-President attached great importance to a conference on 'Enhancing the Security of Explosives' that will be held in Brussels 9-10 October 2006, and which he will open formally. It will bring together the public and private sectors to tackle areas such as: components of explosives including liquids, detection, traceability and transport & storage.
The Green Paper aims at further stimulating the public-private partnership, in order to promote the development of an advanced market in certified detection technology which should lead to greater availability of products and services at lower cost, more effectiveness and better protection of privacy.
Detection technologies are increasingly used in the daily work of law enforcement authorities to fight terrorism and other forms of crime and play an important role in the daily lives of Europeans (boarding airplanes, taking a ferry, attending sports events, drinking water and food supply safety etc) as these technologies are used to protect our borders and check goods entering the territory of the European Union. Moreover they are essential for guarding private property and critical infrastructure.
The Green Paper is available at the website."

ACI/IATA Friction

Airports Council International is to Airports what IATA is to carriers. The two international trade associations are at odds over several issues regarding airport costs, responsibility for pre-boarding security costs, etc. Earlier this year, ACI issued a report that dealt in detail with what it calls the three weak links in pre-boarding security....processes, people and equipment. Improvements in all three areas will require money and airport/airline co-operation. However, in a July 2006 speech to The Aviation Club of the UK, ACI's Director General called for IATA to disengage from any role in such discussions, suggesting that IATA does not really want the principals to meet directly. ACI denounced IATA for engaging in a "phoney war", "distortions", "empty rhetoric" and "an anti-airports agenda". It called on IATA to become a partner, and not an adversary.

(Originally posted by Doug Crozier)

Supreme Court (OGH) partly dismissed injunction against no-frills airline

OGH had to decide whether low price advertising of a no-frills airline was misleading. Plaintiff (another airline) claimed that defendant was promoting low price ticktes on his website although these tickets were not avialable on each flight, sometimes not even over the period open for online-booking, or only available for the outward but not the return flight. Plaintiff therefore moved for interim injuncion to interdict such misleading advertising. OGH held that consumers concerned were well aware that flight seats are sold at different fares and categories and they therefore knew that the cheapest fares normally have to be booked several months in advance. However, OGH prohibited to advertise low fares on the website if, over the period bookable there, no flight could be booked at these fares at all (but at higher fares only) or only outward but no return flights were available for booking (OGH 20.04.2006, 4 Ob 265/05g)

(Originally posted by Michael Wukoschitz)

Supreme Court (BGH) affirmed liability for water slide accident

Supreme Court (BGH) affirmed liability for water slide accident and dismissed tour operator's appeal. Plaintiffs' eleven year old child was killed at a holiday resort in Greece when his arm got trapped in a water slide's suction pipe which was not protected by a grating. The water slide had been built up without permission of the competent authority. BGH held that even though the water slide was not mentioned in the tour operators brochure and tourists had to pay the hotel seperately for using it, it still had been part of his performance under the package tour contract. As the tour operator had failed to provide reasonable security and to check construction permit he was liable for the accident. Plaintiffs were granted a compensation of EUR 40.000 in total. (BGH 18.07.2006, X ZR 142/05; press release 105/2006).

(Originally posted by Michael Wukoschitz)

"The Commission opens a formal enquiry into restrictions to air services to Sardinia"

According to the EU Press Room, "The Commission has decided to open a formal investigation into the rules imposed by Italy on 2 May 2006 on 16 air routes between three Sardinian airports and important airports on the Italian mainland. The Commission has serious doubts as to the conformity of the Italian public service obligations with the aviation market rules and considers that they may close the market to Sardinia. Italy has to react within two months upon receiving the Commission's notice.
'This possible abuse threatens the principle of public services that I strongly support. The European Commission must ensure that public services are not used to close a profitable market from competition', said Jacques Barrot, Vice-President of the European Commission in charge of transport. 'This is what the European Commission must check in this case'."

This Press Release is available in full text.

European " Community code on short-stay visas"

As stated by the EU Press Room, "The European Commission has adopted today a proposal for a Regulation of the European Parliament and of the Council establishing a Community Code on Visas.
This proposal incorporates all legal instruments governing decisions in relation to the conditions and procedures for issuing visas into one Code on Visas. This contributes to enhance transparency and to clarify the existing rules, increases the harmonisation of procedures and strengthens legal certainty and procedural guarantees.
The proposal is part of the objectives of the Hague programme to facilitating legitimate travel and to tackle illegal immigration through further harmonisation of national legislation and handling practices at local consular missions."

This Press Release is available in full text.

European "Cooperation agreement with the USA on modernising air traffic management"

According to the EU Press Room, "Vice-President Jacques Barrot, the Commissioner responsible for transport, and Marion C. Blakey of the US Federal Aviation Administration (FAA), recently signed a cooperation agreement that will ensure coordination between their respective programmes for the modernisation of air traffic control, SESAR on the European side, and NGATS ('Next Generation Air Transport System') on the American side.
'We must have compatible technologies and standards between Europe and the United States. This is obviously a question of good economic sense but also a safety issue: you cannot ask an aircraft to change over its equipment in the middle of the Atlantic depending on whether it is being controlled by the USA or Europe', said Jacques Barrot. 'With this agreement, we will be sure that the technological choices made on the two sides of the Atlantic are coordinated for the benefit of the aviation industry'.
'As FAA moves forward its aggressive air traffic modernization efforts, it’s vital that we coordinate with our global partners,' said Federal Aviation Administration (FAA) Administrator Marion C. Blakey. 'This memorandum provides the framework for a more effective, performance-based air transportation system between the United States and Europe.
'As FAA moves forward its aggressive air traffic modernization efforts, it’s vital that we coordinate with our global partners,' said Federal Aviation Administration (FAA) Administrator Marion C. Blakey. 'This memorandum provides the framework for a more effective, performance-based air transportation system between the United States and Europe.'
SESAR (Single European Sky ATM Research Programme) is currently in its definition phase which has been entrusted to a consortium of 30 companies. On 9 June 2006 the Council of Ministers adopted general guidelines for the next phase of SESAR, the 'development phase', during which all the new technologies and systems will be constructed. Ministers approved the principle of creating a 'SESAR Joint Undertaking' which will be responsible for managing the development phase.

The cooperation agreement signed by the Commission and the FAA at the Farnborough airshow will not only make it possible to put in place the mechanisms for coordinating the two programmes but also includes a reciprocity clause that will allow European industry to participate in the American programme and American industry to participate in SESAR.

For more information, see:
- 'MEMO' SESAR :
http://ec.europa.eu/transport/air/single_sky/sesame/doc/2005_11_memo_sesar_fr.pdf

- Air Transport
http://ec.europa.eu/transport/air/single_sky/sesame/index_en.htm"

DG SANCO publishes industry questionnaire on timeshare

The questionnaire is designed to collect the views of industry stakeholders on the administrative costs of current legislation, as well as the impacts of possible forms of future legislation in the field of timeshare. The aim of DG SANCO in distributing the questionnaire is to elicit a large range of industry views on the topics asked, and use the responses received as evidence in the impact assessment, which will accompany a possible proposal to revise the directive. The questionaire is available here Submissions to sanco-b2@ec.europa.eu are welcome by 11 September 2006.


(Originally posted by Michael Wukoschitz)

Union workers threaten with airport strike

Union workers are threatening with strike action at the country's national airport on 14th July, demanding airport management offer more overtime pay and better working schedules in new contract talks.

(Originally posted by Michael Wukoschitz)