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;         

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;
  

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;
  

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.

Canada: class action against Air Canada over price disclosure

A motion filed on July 16, 2010 by Union des consommateurs du Québec against Air Canada (proposing that the action cover all residents of the province of Québec who have purchased tickets directly from Air Canada since June 30), alleges that Air Canada failed to disclose the complete price of its tickets in its paper and electronic advertisements as well as on its website.; in particular additional charges such as airport improvement fees and 9/11 security charges were added to the advertised prices.

The motion claims for reimbursement of all fees and charges paid beyond the advertised price and the payment of $100 in punitive damages for each affected consumer.

Source: Union des consommateurs du Québec (French)

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>>.

Canada: visa-free privilege to be withdrawn from Hungarian tourists?

The federal government of Canada is considering withdrawing from Hungarian tourists the privilege to enter Canada without a temporary resident visa. The plan to require visas from Hungarian tourists follows a similar move made by Ottawa a few months ago to impose visa requirements on tourists from Mexico and the Czech Republic. The stringent measure was made to curb abuse of Canada's asylum system.

Source: eTurboNews; find article here>>.

Canada: free addtional seat for disabled, obese passengers

Upon decision of Canadian Supreme Court, refusing to consider the carriers' appeal of a federal order, Canada's two largest airlines have to give disabled and morbidly obese passengers an extra free seat on domestic flights. The Supreme Court, by convention, gave no reason for the refusal to intervene in the case.

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

Europe and Canada agree to open-skies deal

The European Union and Canada have agreed to an open-skies planthat will make Europe-Canada one of the most liberal aviation markets in the world. When the plan is completely phased in, European nationals will be able to establish operations in Canada and freely invest in Canadian airlines, and vice versa. Consumer-protection provisions also will be included.

The deal is considerably more liberal than the U.S.-E.U. aviation agreement, because it includes a commitment to eventually permit cabotage.

Source: Travel Weekly, find article here>>.

Canada: passenger sues airline over hot drink

An Edmonton woman has launched an $85,000 lawsuit against Air Canada, alleging her vacation abroad was ruined when she was scalded as a result of an airline attendant spilling a hot beverage on her. She also alleges the Air Canada staff failed to treat her burn in accordance with reasonable first aid. She claims to have experienced mental distress that diminished her enjoyment of the vacation.

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

World Economic Forum’s Travel & Tourism Report Highlights the Importance of Environmental Sustainability

Switzerland, Austria and Germany have the most attractive environments for developing the travel and tourism industry, according to the second annual Travel & Tourism Competitiveness Report 2008, released today by the World Economic Forum. Australia, Spain, the United Kingdom, the United States, Sweden, Canada and France complete the top-10 list. The rankings cover 130 countries around the world.
Improvements have been made to the Travel & Tourism Competitiveness Index (TTCI) this year. The “environmental regulation” pillar has been revised and improved as well as being re-named the “environmental sustainability” pillar to better reflect its components and to capture the increasingly recognized importance of sustainability in the sector’s development.
The TTCI measures the factors and policies that make it attractive to develop the T&T sector in different countries. It is composed of 14 pillars of travel and tourism competitiveness:

1. Policy rules and regulations
2. Environmental sustainability
3. Safety and security
4. Health and hygiene
5. Prioritization of travel and tourism
6. Air transport infrastructure
7. Ground transport infrastructure
8. Tourism infrastructure
9. Information and communication technology (ICT) infrastructure
10. Price competitiveness
11. Human capital
12. Affinity for travel & tourism
13. Natural resources
14. Cultural resources

This cross-country analysis of the drivers of competitiveness in travel and tourism provides useful comparative information for making business decisions and additional value to governments wishing to improve their travel and tourism environments.

Source: World Economic Forum; read full press release here.

Note that "Policy rules and regulations" is regarded the first pillar - thus in my opinion emphasising the importance of a legal frame i.e. travel and tourism law.

The European "Commission proposes to open aviation negotiations with Canada"

As stated by the EU Press Room, "The European Commission has proposed today to open negotiations with Canada on a comprehensive aviation agreement. The aim is to establish an open aviation area between the EU and Canada, to open market restrictions and to achieve a high level of regulatory convergence.
Commission Vice-President Jacques Barrot, in charge of transport said: 'Canada is a key partner of the European Union. This agreement will facilitate the travel of people and goods between the EU and Canada and will establish a high level of regulatory standards, in particular in the fields of safety and security.'"

This Press Release is available in full text.

Choice of Law and Forum - The Red Seal Experience

1. Red Seal is an Ontario (Canada) tour operator. 2. It entered into three "Guarantee Contracts" with the Ontario-based representative of six Caribbean hotels. The Guarantee Contracts dealt with general issues such as no black-out periods, no bumping of Red Seal pax, no better terms to a Red Seal competitor, etc. None of these Guarantee Contracts contained a choice of law or a choice of forum clause. 3. After the first two of them were signed, Red Seal entered into a separate "Operating Contract" (i.e. for specific space on particular dates) with each of the six Caribbean hotels. Each specified that the law of Florida and the Courts of Aruba would apply. 4. Disputes arose, and Red Seal sued the Ontario "rep" company in the Courts of Ontario. 5. That company sought to oust Ontario law and Courts, and bounce the case to Aruba pursuant to Florida law, based on the terms of the Operating Contracts. 6. In a mid-September decision, the Ontario Courts ruled that one of the disputes involved site-specific issues and thus was governed by the relevant Operating Contract. Florida/Aruba applied to it. 7. But it ruled that the balance of the disputes related to the subject matter of the Guarantee Contracts. The Florida/Aruba provisions of the Operating Contracts were thus irrelevant. As the Guarantee Contract was silent re courts and law, the Ontario Court was free to determine (as it did) that there was a sufficient nexus with Ontario to allow Red Seal to maintain those actions in the Ontario courts.

(Originally posted by Doug Crozier)

"Who Takes the Haircut When a Carrier Fails?"

When Canada 3000 ("C3") failed in late 2001, it owed CDN$34m. to various Canadian Airport Authorities and to NAV Canada ("Authorities"). Its planes were leased from a variety of legal titleholders ("Owners"). The Authorities exercised statutory powers to seize the C3 aircraft on account of the debts. The Owners went to Court to recover "their" planes. The Authorities sued the Owners, contending they were jointly and severally liable with C3 for the debts. The Supreme Court ruled on June 9 that: a) The Owners were not jointly and severally liable for the debts; b) The Authorities' rights take priority and they CAN look to the aircraft (or the security that was posted to allow for their release) to satisfy the debts. The Court found the Owners to be sophisticated business people quite able to assess (and bear) risk. Conversely, the Authorities are obliged by law to provide services to all carriers, regardless of their solvency.
See http://scc.lexum.umontreal.ca/en/2006/2006scc24/2006scc24.html

(Originally posted by Doug Crozier)

Canadian Transportation Agency and check-in times

In a January 31, 2006 decision, the Canadian Transportation Agency ruled on the efficacy of a carrier's rules regarding check-in times and gate appearance times. It decided that Air Canada: a) did not have the right to deny boarding to passengers who arrived after the carrier's "recommended" target of checking in at least 60 minutes prior to departure, but b) would have had the right to deny boarding to a passenger who did not comply with the carrier's rule that he "must" be at the gate at least 25 minutes prior to flight. The decision can be found at
http://www.cta-otc.gc.ca/rulings-decisions/decisions/2006/A/C/54-C-A-2006_e.html.
Shortly after the decision was released, news coverage of it caused the CTA concern that its ruling had been interpreted as meaning that check-in times need not be honoured. As a result, it issued a clarifying Press Release, which can be found at
http://www.cta-otc.gc.ca/media/communique/2006/060203_e.html

(Originally posted by Doug Crozier)

EU-Parliament voted against transfer of flight passenger data to Canda

The vote was meant as a protest against the fact that EU-Council and Commission are still refusing to grant the Parliament any right of codetermination in security issues. A similiar data transfer agreement with the U.S. has been challenged by the Parliament before the European Court of Justice.The judgement is expected by the end of the year.

(Originally posted by Michael Wukoschitz)