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;

Most recent IFTTA news posts

• ECJ Advocate General delivers opinion on rail passenger rights; 
• USA: Transportation Secretary queried on EU Emissions Trading System; 
• Civil Juries to Receive Guidance on Damages in Scotland; 
• Austria: Appelate court reverses judgement in missed connecting flight case; 
• Swedish Court asks ECJ for peliminary ruling regarding Montreal Convention and Reg. 261/2004; 
• ECJ Advocate General: distance contract not preconditional for consumer forum; 
• European Commission launches new European Consumer Agenda; 
• Austria: new legislation related to travel and tourism; 
• ECJ Advocate General proposes the Court to confirm its "Sturgeon"-Judgement; 
• EU Commission to hold another stakeholders' conference on the PTD revision; 
• Germany: Supreme Court to hear cases on airline personnel strikes as "extraordinary circumstances"; 
• Germany: Fiscal Court decides over VAT on hotel vouchers; 
• UK: Hotel owner fined in fire safety trial; 
• IHRB roundtable on Tourism Industry and Human Rights in London; 
• USA: DOT issues guidance on aviation consumer information-related requirements; 
• UK: OFT fines British Airways in fuel surcharges price-fixing case; 
• Canada: Supreme Court decides on jurisdiciton over foreign companies; 
• New proposals to address crimes at sea; 
• EU: Open Consultation on the European Tourism Label for Quality Systems Initiative; 
• EU: Public consultation on a review of EU passenger ship safety legislation; 
• EU Parliament gives green light to air passenger data deal with the US; 
• ECJ Advocate General Bot: compensation for denied boarding not limited to overbooking; 
• German Supreme Court decides on organizer's liability for changing flight departure time; 

  
   

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;
  

Update on IFTTA news

The following news have recently been posted to the IFTTA Website:

• USA: DOT fines Orbitz for violating price advertising rules
• ECJ Advocate General delivers opinion on EU Emissions Trading Scheme
• Irish High Court confirms exclusivity of Montreal Convention with respect to international air carriage
• Scottish Legislation to Tackle Football Sectarianism
• Germany: yet another reference for preliminary ruling challenging "Sturgeon"
• European Court of Justice: "Cancellation" also covers discontinuation of a flight
• Kenya: tourism minister issues open letter regarding piracy
• UK: Office of Fair Trading received super-complaint about travel money
• European Commission publishes results of the Online ticket Sales Sweep
• Seychelles: Sustainable Tourism Label announced
• USA: DOT fines Virgin Atlantic for deceptive online advertising
• USA: Travel Association and ATA support new Visa legislation
• World Travel & Tourism Council addresses governments on World Tourism Day
• France to impose new tax on luxury hotel rooms
• USA: DOT to require airlines to make their websites and kiosks accessible to disabled travelers
• Conference: EU Passenger Law – Towards 2020, Leuven
• Interesting case! Preliminary Ruling: ECJ C-410/11
• Austrian Supreme Court: hotel liable for theft from safe in hotel room

New York: new hotel tax targets online agencies

Online travel agencies and other hotel resellers will have to start paying higher taxes in New York from September. The legislation defines remarketers as anyone who "reserves, arranges for, conveys or furnishes occupancy, whether directly or indirectly, to an occupant for rent in an amount determined by the room remarketer" and requires all hotel room resellers to pay the 4% state sales tax on the retail rate, not just the wholesale rate.

Source: Travel Weekly; find article here>>.

Google to compete against travel agencies?

Google is moving into the area of the travel agency by adding live hotel rates to its popular maps service in order to appeal to business travellers using Google to research their trip. Research from Travelport says that 54% of British business travellers use the internet to research their trips. Most British business travellers use Google or another search engine (51%), followed by the hotel website (40%), the airline website (35%) and general travel sites such as TripAdvisor (28%).

Source: Times Online; read article here>>.

California: Ruling on Online Booking Tax overturned

A Los Angeles Superior Court judge has overturned an earlier ruling that would have given the city of Anaheim $21.3 million in back taxes and penalties from online travel companies such as Expedia and Travelocity. (See posting of Feb. 20, 2009)

The city in 2007 had sued the online travel companies for a larger share of hotel-bed fees – so-called transient occupancy taxes – collected through online booking. The law suit was based on the argument that he online companies were collecting taxes from customers on the retail price of hotel rooms, but only paying the city the tax on the wholesale price. However, superior court agreed with the defendants that the plain meaning of this type of occupancy tax stature simply did not cover online-travel companies.

The ruling in the Anaheim case is likely to set a precedent for several similar cases.

Source: The Orange County Register; find article here>>.

Kenya: New regulatory regime for hospitality sector

To ensure quality and compliance with relevant other laws and regulations and promoting excellence in the hospitality sector, all new hotel, resort, and lodge projects in Kenya require to be licensed first, before commencing any construction, by a newly-inaugurated Hotel and Restaurant Authority.

The authority will also embark on a nationwide exercise of grading and classification, using the East African Community regulatory regime now in place for all the five member states.

Source: eTurboNews; find article here>>.

Florida: law suit against Expedia and Orbitz over hotel taxes

Florida’s Office of Attorney General has sued Expedia and Orbitz, the leading internet travel companies, claiming that these companies violated state law by failing to remit the appropriate amount of taxes on hotel room rentals. The lawsuit states that while Expedia and Orbitz have been collecting taxes from consumers, they have only been remitting a portion on the taxes based on the wholesale rate the online sellers get from hotels, not the retail rate consumers pay.

Source: Attorney General Bill McCollum News Release of Nov. 3, 2009

Greece: reference for preliminary ruling concerning hotel TV

Greek court "Arios Pagos" has filed a reference for preliminary ruling on wether the mere installation of television sets by a hotelier in hotel rooms and their connection to the central antenna installed in the hotel, without any other action, intermediation or intervention by the hotelier, constituted communication of the work to the public within the meaning of Article 3(1) of Directive 2001/29/EC, and, in particular, in accordance with the aforementioned judgment of the Court of Justice of 7 December 2006 in Case C-306/05 Sociedad General de Autores y Editores de España (SGAE) v Rafael Hoteles SA, and whether this would involve the distribution of a signal, via television sets, to customers who stay in the hotel rooms, by means of the technical intervention of the hotelier.

ECJ Case 136/09 - Organismos Sillogikis Diakhirisis Dimiourgon Theatrikon kai Optikoakoustikon Ergon v. Divani Acropolis Hotel and Tourism AE;
reference published in Official Journal of the European Union of 20.06.2009.

USA: questions remaining about NewYork's hotel remarketer’s tax

The hotel remarketer tax will require any reseller of a New York hotel room to remit a tax based on the full amount paid by the customer, including service fees and charges. A representative of the city’s law department said a statement of audit procedure will provide more information about the law and give guidance related to more specific business models, including guidance on unbundling packages.

According to the memorandum, the tax on net and additional hotel room rent will apply to New York hotel rooms booked on or after Sept. 1. Hotel room resellers must complete and file a "certificate of registration" with the finance department by Sept. 3.

Source: Travel Weekly; find article here>>.

Austria: hotel entitled to compensation for bitumen dirt

Defendant, a local community, had repaired a street in front of plaintiff's hotel. As the bitumen used was defective, particles came off and were brought into the hotel through the shoes of the guests and caused dirty spots on carpets and furniture.

Austrian Supreme Court (OGH) held that such dirt particles had to be regarded an "immission" due to sec. 364 par 2 Civil Code (ABGB) and constituted a claim for compensation, irrespective of fault. There was a sufficient causal connection even if hotel guests had acted carelessly.

Judgement 2 Ob 216/08s of March 25, 2009 avialable for download in German here>>.

Austria: another reference for preliminary ruling in regard to jurisdiction and website advertising

Plaintiff, a hotel company, is running a hotel in Austria and a related website, the latter also indicating plaintiff's email address. Defendant, a German consumer, had made a room reservation through email. Plaintiff is claiming for payment of room rate and filed a law suit at the Austrian court where the contract was performed. Defendant pleaded there was no jurisdiction in Austria: due to him being a consumer the law suit should have been filed in Germany. The first instance court (BG St. Johann/Pongau) and the court of appeal (LG Salzburg) both dismissed the claim as in their view plaintiff via the website - even though not interactive (and thus not allowing online booking) - had directed commercial l activities to the Member State of the consumer's domicile and as a consequence the claim was subject to German jurisdiction solely.

Upon further appeal of plaintiff, Austrian Supreme Court (OGH) had sufficient doubts to institute a reference for preliminary ruling asking whether Art. 15 of Reg. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted in a way that a website accessable in the Member State of the consumer's domicile and advertising the entrepreneur's commercial activities would suffice to regard these commercial activities being directed to this member state.

OGH's reference for preliminary ruling 6 Ob 24/09m of March 26, 2009 is available for download in German here>>.

USA: Starwood v. Hilton on alledged theft of proprietary information

Starwood Hotels & Resorts has filed a lawsuit in the U.S. District Court for the Southern District of New York accusing Hilton Hotels Corp. and two former Starwood executives of corporate espionage in the development of Hilton’s new lifestyle brand "Denizen Hotels".

Starwood is seeking preliminary and permanent injunctive relief plus compensatory and punitive damages from Hilton and the individual defendants. The lawsuit seeks a court order prohibiting Hilton from using or benefiting from Starwood’s confidential information and requiring Hilton and the individual defendants to return all Starwood confidential information as well as to certify the destruction of all materials derived from Starwood confidential information, including plans for the promotion and roll-out of Hilton’s Denizen brand.

Hilton said the lawsuit was without merit and that the company would vigorously defend itself.

Source: Travel Weekly; find article here>>.

USA: Georgia Supreme Court prolongs court case on Atlanta tax suit against online travel firms

The Georgia Supreme Court on Monday revived a hotly contested lawsuit by the city of Atlanta against online travel companies that claims the firms are illegally pocketing millions of dollars in hotel tax revenue. The city filed suit in 2006 against 17 Internet travel reservation companies, including Expedia, Travelocity.com, Hotels.com, Priceline.com and Obitz. The suit seeks to recoup hotel and occupancy taxes. In a 5-2 decision, the court told a Fulton County judge to decide whether the online companies are subject to the tax.

Source: eTurboNews, find article here>>.