IFTTA News Update

• USA: DOT fines Virgin America for failing to make safety videos accessible to passengers with hearing impairments; 
• Australia: hotel not liable for security guard; 
• ECJ: the special VAT scheme for travel agents is not limited to sales of travel services to travellers;
• ECJ: Delayed rail passsengers are entitled to a partial price refund - even in cases of force majeure; 
• German Supreme Court: "bird strike" constitutes "extraordinary cicumstances"; 
• Germany: Supreme Court reconfirms compensation for missed connecting flight; 
• Canada: CTA orders Air Canada and Porter Airlines to revise domestic tariff provisions; 
• USA: “dirtiest hotel in America” not defamatory; 
• UK: Virgin Atlantic looses dispute over flat bed airline seat patent;
• USA: New Jersey judge dismisses hotel waitresses' gender discrimination claim; 
• Committee on Transport and Tourism of the European Parliament publishes Draft Report on the Commission's proposal for a new Air Passenger Rights Regulation; 
• Canada: CTA decides on overbooking - and finds European compensation system unreasonable;
• U.S. Court: American citizens have a constitutionally protected right to travel by air; 
• USA: DOT fines ticket agents for code-share disclosure violations; 
• Egypt: tourism minister sends message to travel industry via YouTube; 
• U.S. travel industry worried about anti-gay law in Russia; 
• USA: DOT releases guidance for Internet flight-search tools;
• German court requests ECJ preliminary ruling with regard to passport data;
• UK: OFT consults on proposed hotel booking commitments;
• IFTTA Law Review 2-2013 available online; 
• Canada: Federal Court of Appeal decides on exclusivity of Montreal Convention liabiliy rules;
• USA: equal rights for same-sex spouses in visa applications;
• German Supreme Court asks ECJ for interpretation of article 12 of Reg. 261/2004; 
• Recent EU Implementing Regulations in aviation matters; 
• Austrian Supreme Court: "bad weather" not enough to release air carrier from compensation for cancellation; 
• Italy: OTAs succeed against Ryanair over website access;
•  New Package Travel Directive; 
• Austrian Supreme Court: ticket office must disclose commission; 
• USA: DOT fines Delta for violating Denied Boarding Rules; 
• German court asks ECJ to clarify offsetting rules in Air Passenger Rights Regulation; 
• Tourist’s rights and duties in Belo Horizonte, Brazil; 
• USA: DOT fines ticket agent for violating code-share disclosure rules; 
• Austria: Supreme Court decides on travel insurance; 
• USA: Cruise industry adopts passenger bill of rights; 
• California: Delta wins in mobile app case; 
• UK: Civil Aviation Authority and Office of Fair Trading warn travel industry not to mislead consumers; 
• IFTTA Law Review 1-2013 available online; 
• German Supreme Court: air passengers entitled to compensation for missed connecting flight; 
• CJEU: "Sturgeon" judgement did not infringe the principle of separation of powers; 
• Germany: Supreme court decides on malperformance of Greenland cruise; 
• New German reference for ECJ preliminary ruling regarding Air Passenger Rights Regulation; 
• Swiss Ferderal Court: yacht charter including crew does not constitute a travel package; 
• Report on new tourism legislation in China; 
• USA: Metropolitan Museum of Art sued over admissions fee policy; 
• German court: lessor of holiday apartment must include costs of final cleaning into the advertised price; 
• USA: DOT fines Alitalia for deceptive practices; 
• EU: MEPs welcome Commission proposal on air passenger rights; 
• UK to implement new Air Passenger Duty; 
• USA: Appeals Court Revives Wheelchair Lawsuit vs. United Airlines;

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;
  

Most recent postings on IFTTA News

• USA: airlines ask DOT for another delay in new rules;
• USA: no private right of action pursuant to Air Carrier Access Act;
• UNESCO recognizes Aceh’s Saman Dance as Intangible World Heritage
• Scotland: Human Trafficking Report;
• EU: Commission requests Italy to comply with new safety rules for passenger ships;
• Taiwan: Hong Kong Dragon Airlines accused of discrimination;
• European Commission updates airline black list;
• New EU-US agreement on PNR;
• USA: DOT fines Spirit Airlines for deceptive price advertising;
• European Union: new rules on the use of security scanners at European airports;
• European Union: new Directive on Consumer Rights published in Official Journal;
• IFTTA Europe Workshop Website Online;
• Cruise conference - May 21-23, 2012;
• UK: OFT takes next procedural step in airline fuel surcharges case;
• USA: DOT issues first fine for tarmac delay rule violations;
• India: tiger reserves may ban tourists;
• Court of Cassation (FR) on Deep vein thrombosis;
• UNWTO: European tourism grows above expectations;
• European Consumer Centre Network launches Air Passengers Rights Report 2011;
• USA: DOT fines Caribbean Airlines for improperly limiting reimbursements for delayed baggage;

Alaska Cruise Association lawsuit terminated

Attorney General Dan Sullivan announced last Thursday that the Alaska Cruise Association (ACA) has officially terminated its lawsuit against the state's excise tax on cruise ship passengers.

A stipulation filed with the U.S. District Court for Alaska dismisses with prejudice the lawsuit that was filed against the state last September. In a settlement agreement reached between the state and ACA in April, ACA agreed to dismiss its lawsuit if the governor signed into law a bill passed by the Legislature that reduced the commercial passenger excise tax from $46 per passenger to $34.50 and also provided an offset for passenger taxes paid to local governments.

On June 24, Governor Parnell signed into law Senate Bill 312, passed by the Legislature in April, that contained the elements necessary to trigger dismissal of ACA's lawsuit. The stipulation filed today permanently resolves the legal issues.

Source: State of Alaska Department of Law press release of July 1, 2010

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: DOT extends ADA protections to maritime passengers

As the 20th anniversary of the Americans with Disabilities Act approaches -- July 26 -- the Department of Transportation announced the first federal rule to specifically provide ADA protections to people with disabilities who travel on boats and ships. The rule covers vessels, like public ferry systems, operated by public entities. It also covers vessels, like cruise ships, operated by private entities primarily for transporting people.

First and foremost, its purpose is to make sure that boat and ship operators don't deny access to passengers based on their disability and that those passengers, once aboard, are treated fairly.

According to the new rule, passengers with disabilities cannot be charged extra for accessibility-related services and are not required to furnish their own attendants. It requires boat and ship operators to inform passengers of vessel accessibility and services, and it requires operators to have a knowledgeable person available to help passengers with disabilities resolve their concerns.

The new rule will become effective 120 days after it is published. There will be a 90-day comment period concerning three issues: whether vessel operators should be required to allow passengers with disabilities to bring emotional support animals on board, requirements operators must follow concerning the use of mobility aids, and the relationship of DOT and DOJ disability rules. The rule is available at www.regulations.gov, docket DOT-OST-2007-26829.

Source: DOT announcement of June 17, 2010. Full text available 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>>.

US Supreme Court: amendment of complaint admissible in case of identifiable mistake in choosing defendant

Wanda Krupski of Michigan tripped over a camera cable and broke her leg while on a cruise ship. Her passenger ticket, which was issued by Costa CruiseLines,

• identified respondent Costa Crociere S. p. A. as the carrier;
• required an injured party to submit to the carrier or its agent written notice of a claim;
• required any lawsuit to be filed within one year of the injury; and
• designated a specific Federal District Court as the ex-clusive forum for lawsuits such as Krupski’s.

The front of the ticket listed Costa Cruise’s Florida address and made references to “Costa Cruises.”

After Krupski’s attorney notified Costa Cruise of her claims but did not reach a settlement, Krupski filed a diversity negligence action against Costa Cruise. Over the next several months — after the limitations period had expired — Costa Cruise brought CostaCrociere’s existence to Krupski’s attention three times, including in its motion for summary judgment, in which it stated that Costa Crociere was the proper defendant. Krupski responded and moved to amend her complaint to add Costa Crociere as a defendant.

The District Court denied Costa Cruise’s summary judgment motion without prejudice and granted Krupski leave to amend. After she served Costa Crociere with an amended complaint, the court dismissed Costa Cruise from the case. Thereafter, Costa Crociere — represented by the same counsel as Costa Cruise — moved to dismiss, contending that the amended complaint did not satisfy the requirements of Federal Rule of Civil Procedure 15(c), which governs when an amended pleading “relates back” to the date of a timely filed original pleading and is thus timely even though it was filed outside an applicable limitations period. The Rule requires, inter alia, that within the Rule 4(m) 120-day period for service after a complaint is filed, the newly named defendant “knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party’s identity.” Rule 15(c)(1)(C)(ii). The District Court found this condition fatal to Krupski’s attempt to relate back. It concluded that she had not made a mistake about the proper party’s identity because, although Costa Cruise had disclosed Costa Crociere’s role in several court filings, she nonetheless delayed for months filing an amended complaint. The Eleventh Circuit affirmed, finding that Krupski either knew or should have known of Costa Crociere’s identity as a potential party because she furnished the ticket identifying it to her counsel well before the limitations period ended. It was therefore appropriate to treat her as having chosen to sue one potential party over another. Additionally, the court held that relation back was not appropriate because of Krupski’s undue delay in seeking to amend the complaint.

U.S. Supreme Court held that the question under Rule 15(c)(1)(C)(ii) was not whether Krupski knew or should have known Costa Crociere’s identity as the proper defendant, but whether Costa Crociere knew or should have known during the Rule 4(m) period that it would have been named as the defendant but for an error. Nothing in Krupski’s conduct during the Rule 4(m) period suggested that she failed to name Costa Crociere because of anything other than a mistake. In addition, Costa Crociere’s own actions contributed to passenger confusion over “the proper party”.

Supreme Court in opinion of June 7, 2010 therefore unanimously decided to reverse the judgment of the Court of Appeals.

Full Supreme Court opinion in case Wanda Krupski v. Costa Crociere SpA available here>>.

Alaska: cut in cruise tax ratified

The Alaska State Legislature passed a bill that will reduce the state’s cruise passenger head tax from $46 to $34.50, and end a lawsuit the industry filed to overturn the tax. The Alaska Cruise Association signed an agreement last week with the Alaska attorney general to drop the lawsuit if the state passed the measure to reduce the tax.

Source: Travel Weekly; find article here>>.

Australia: no exemption of Age Discrimination Act for cruise line

Australia's largest pleasure cruise company, Carnival Australia, a subsidiary of global Carnival Corp., demands that young adults aged 18 to 21 are accompanied by a parent or guardian if they book one of a range of South Pacific cruises from Australian ports from November through January. The policy aims to exclude large groups of students who celebrate the end of the school or college year usually by excessive drinking.

A rejected passenger lodged an age discrimination complaint with the Australian Human Rights Commission which Carnival responded by asking for an exemption from its so-called under-21 policy of the Age Discrimination Act.

The commission, however, rejected the exemption application as such exemption would undermine the law's aim of eliminating age discrimination in the provision of goods and services.

Source: msnbc; find article here>>.

Alaska: Cruise Association files law suit over passenger head tax

The Alaska Cruise Association filed a federal lawsuit challenging Alaska's head tax on the approximately 1 million cruise-ship passengers who arrive in the state each year. The lawsuit is seeking relief from the $50 fee imposed on each passenger arriving aboard large cruise ships, a fee which was approved by Alaska voters in 2006.

The association argues that the head tax by far exceeds the expenses of services and facilities provided to cruise ships, and in some cases the money is going to fund projects that do not directly benefit cruise-ship passengers.

Source: The Seattle Times; 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: 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>>.

Antarctica: call for stricter tourism regulations

The Antarctic and Southern Ocean Coalition (ASOC) has called for stronger controls after the grounding of an expedition cruise ship in Antarctica this week, the fourth such accident in that region over the last three years. ASOC said said Tuesday's grounding of Quark Expeditions' Ocean Nova was cause for concern. Marguerite Bay, where the accident occurred, has a number of Antarctic Specially Protected Areas that contain a number of bird and seal colonies, including over 30,000 Adelie penguins. ASOC said that tourism to Antarctica over the past decade "has been characterized by steep annual increases, diversification, and geographic expansion," with the number of visitors increasing to 46,000 in 2007-08 and 39,000 in 2008-09, a four-fold increase since 1990.

Source: Travel Weekly; find article here>> and the full text of ASOC's statement here>>.

Florida: settlement on refund of fuel surcharges by cruise lines

The Florida attorney general's office has reached an agreement with Oceana Cruises and Classic Cruise Holdings in which the cruise lines will refund a total of more than $3 million to cruisers who were charged fuel surcharges. The agreements were reached after the Attorney General’s Economic Crimes Division received several hundred complaints from around the country because cruise lines were retroactively charging a fuel supplement after cruises had been booked and deposited. The agreements were signed on Feb., 4. Similar settlements were reached last year with Royal Caribbean, Celebrity Cruises and Carnival Corp. and its subsidiary cruise lines.

Source: Press release by Florida attorney General to be found here>>.

United Nations: use of military force against pirates reauthorized

Days after pirates shot at an Oceania Cruises ship, the United Nations renewed the authorization for countries to use military force against pirates operating in waters off Somalia. The 15-nation council unanimously voted to extend the right of countries’ military forces to seize and dispose of “boats, vessels, arms and other related equipment used or suspected of being used for piracy, which has recently reached a peak off the coast of the Horn of Africa country.” for one year.

Source: Travel Weekly; find article here>>.

Mexico: tax on cruise passengers postponed

Mexico's Ministry of Tourism had planned to apply a $5 head tax on cruise passengers who stop at the country's ports starting this summer but has postponed the implementation until Oct. 1. The Florida Caribbean Cruise Association, some Mexican ports and cruise lines are opposed to the tax, which supporters say will generate about $30 million annually.

Source: Travel Weekly; find full article here>>.

USA: cruise safety bill rejected

A California state Assembly committee Tuesday rejected a bill strongly opposed by cruise companies that would have placed peace officers on passenger ships sailing from California ports.The bill already had been approved by the state Senate but failed to move past the Assembly's Public Safety Committee on concerns that it would create a jurisdictional and legal mess.
It would have been the most stringent regulation in an industry that victim-rights advocates contend is governed by a vague web of federal and international rules that allows crime and crime reporting to fall through the cracks.

Source: LA Times; find article here>>.

USA: Lawmakers discuss crimes on cruise ships

As reported by Los Angeles Times the Assembly Judiciary Committee in California voted 7 to 1 on Tuesday in favor of a bill to place peace officers aboard cruise ships, bringing the legislation closer to a full vote in the chamber; it has already passed the state Senate.

Meanwhile, in Washington, a U.S. Senate subcommittee will hold its first hearing on the issue Thursday, a possible precursor to federal legislation to tighten crime reporting requirements.
Currently, cruise ships are not required to have law enforcement on board and there is only a voluntary agreement in place to report the most serious crimes, such as homicide and rape, to the FBI.

Read article here>>.