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;         

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;

Update on IFTTA News

• German Court challenges EU Regulation on security standards for passports and travel documents; 
• UK: airlines to include debit card surcharges in headline prices;
• Canada: Transportation Agency decides in flight cancellation and overbooking cases; 
• Germany: lugagge to be carried on a later flight is no legitimate reason to deny boarding; 
• Denmark: passengers of a cancelled flight entitled to rerouting at the earliest opportunity; 
• New Body Scanners at Scottish Airports; 
• Netherlands: new reference for ECJ preliminary ruling regarding air passenger rights; 
• German Supreme Court: no compensation for flight cancellation caused by strike; 
• EU Economic and Social Committee publishes opinion on passenger rights in all transport modes; 
• Egypt: new tourism minister appointed; 
• IFTTA Law Review 2-2012 available online; 
• USA: DOT fines companies for violating Consumer Protection and Price Advertising Rules; 
• UK: Bad Taste Tweets Not Criminal; 
• USA: Airlines lose appeal against DOT fare rules;
• EU Commission publishes consumer tips for visitors to the 2012 Olympic Games; 
• UK and Unfair Contract Terms Reforms; 
• CJEU: inclusion of flight cancellation insurance as a default setting unlawful when selling air tickets over the internet;
• UK: British Airways to check passengers on Google?; 
• Austria: regulation on proper rail passenger behaviour; 
• USA: new law to require airlines to seat families together?; 
•  Scottish Jurisdiction over Shetland; 
• Austria: Appelate court decides on "fly all or pay up" clauses; 
• Spain: Court of Appeal of Barcelona regards Ryanair's boarding pass printing policy lawful; 

IFTTA Europe Workshop 2012 - Rostock

The 5th IFTTA Europe Workshop will take place in Rostock, Germany, April 17-20, 2012. International experts from several countries will discuss current legal issues of the travel and tourism industry and exchange experience.

The main topics are:

- The proposal for a new Package Travel Directive
- New developments in EU passengers' rights
- Enforcement of Travel Law
- National reports on recent developments in Travel and Tourism Law.

For detailed information and registration please see here>>;.

IFTTA Europe Workshop, Salzburg July 2, 2011

This year's workshop is connected to the European Travel Law Forum (June 30 - July 1, Salzburg). The focus of the Workshop will be on 'The review of the EU Air Passenger Rights Regulation 261/2004. The issues to be discussed in this regard will be prepared by a working group.

Find the programmes of both events as well as the according registration forms on the IFTTA website here>>.

News from the IFTTA website

• EU: towards stricter enforcement of passenger rights
• European Travel Law Forum andf IFTTA Europe Workshop 2011 in Salzburg/Austria/EU
• UK: Bribery Act 2011
• Class action on violation of EU Reg. 261/2004 filed in Illinois court
• Age rating for packages
• USA: Washington D.C. to sue OTAs for unpaid taxes
• USA: race discrimination claim preempted by Warsaw Convention

IFTTA Europe: position paper on PTD review online

In a working group chaired by Stephan Keiler and finalised in intensive discussions during the workshop held in Moscow this April, IFTTA Europe has elaborated a position paper on the review of the European Package Travel Directive which was presented to the European Commission at a stakeholders' workshop in Brussels.

This position paper which is focussing on improving legislative technique rather than on merely political issues is now available online here>>.

"II International Tourism Law Conference": Cancun (Mexico), 30 - 31 October

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Is already available the Page of the "II International Tourism Law Conference", that will take place at Cancun, Mexico, next October, from 30 to 31.

This event is organized by the IIJ-UNAM - the Institute of Legal Researches of the National Authonomous University of Mexico, the University of Quintana Roo and the University of the Caribbean, being sponsored by IFTTA - the International Forum of Travel and Tourism Advocates and IBCDTur - the Brazil Institute of Tourism Sciences and Law. The Organization is Coordinated by Enrique Mota Flores.

With this event, will take place the First IFTTA North-American Conference of Tourism and Travel Law, with the presence of 3 Members of the Board of IFTTA: Phil Cameron and Laurence Gore, from the United States, and Manuel David Masseno, from Portugal. The Program includes papers to be presented by other IFTTA Members as Rui Badaró, from Brazil, and Enrique Mota Flores, from Mexico.

5th Editur and the 1st Ibero-American Seminar of Tourism Law

Organized by IBCDTur - the Brazilian Institute of Tourism Sciences and Law, next week in Piracicaba SP, will take place the 5th Editur and the 1st Ibero-American Seminar of Tourism Law that will deal with the "Propedeutics and Tourism Law: epistemological foundations".

Sponsored by the Brazilian Ministry of Tourism, this event counts with the participation of the Presidents of other two National associations of MERCOSUL, Diego Benítez of AADETUR - the Argentinian Association of Tourism Law and Julio Facal of AUDETUR - the Uruguayan Association of Tourism Law.

The Education, Training and Congresses Committee of IFTTA is in charge of one of the Sessions with Uta Stenzel, from the University of Rostock in Germany, representing the Chairman of the Committee Prof. Klaus Tonner, and member of the Board of Directors of IFTTA, Manuel Masseno, from the Polytechnic of Beja in Portugal, also from the Board of Directors, and Graciela Guidi, from the University of Buenos Aires in Argentina.

19th IFTTA Conference (PAPERS)

Almost all the papers presented at the Conference are now available.

19th IFTTA Conference

BEJA (11/10/2007). At the Table: Phil Cameron (USA), João Vidal e Afonso Café (Portugal) and Michael Tanti-Dougall (Malta). On the right: Antonia Paniza (Spain) and Manuel David Masseno (Portugal). From the back: Harry Manuel (Nedherlands), Henriette Cordeiro Guérios (Brazil), Gianluca Rossoni (Italy) and Maria Goretti Sanches Lima (Brazil).

19th Conference of IFTTA: Portugal (11-14 October)

The organizational framework and the Program of the 19th Conference of IFTTA - the International Forum of Travel and Tourism Advocates are now fully implemented.

This event will take place in Southern Portugal from the 11th to the 14th October and there will be presented papers by Participants coming from Europe, North and South America, Asia and Africa, that will deal with the Developments in Travel Law, Moral Damages for Ruined Holidays and Land Planning and Tourism Development, besides the National Reports and Other Subjects.

It should be underlined that the Conference is one of the references of the Calendar of International Tourism Events of UNWTO - the World Tourism Organization.

All those that intend to participate should, as soon as possible, Register and arrange, directly, their Hotel Reservations, taking advantage of the huge discounts negotiated by the Organization.

19th Conference of IFTTA: Portugal (11-14 October)

The 19th Conference of IFTTA - International Forum os Travel and Tourism Advocates will take place in Southern Portugal, from the 11th to the 14th of October.

At this event, the main subjects of discussion will be: Moral Damages for Ruined Holidays, Airline Passenger Rights & Land Planning and Tourism Development.

The Organization put up a very inclusive and affordable Program and got huge discounts for the Participants and the Accompanying Persons at high level hotels.

At the Conference's Webpage you'll find full information concerning the logistics of this event.

IFTTA Argentina (Regional Organization)

Next April 7th. will take place in Buenos Aires the first meeting to establish IFTTA Argentina, a regional organization. In these meeting it will be elected the Board of Directors and will considerate the IFTTA ARGENTINA BY-LAWS accord the IFTTA BY-LAWS original. After these date we will give you the Members elected and other news.

(Originally posted by Juan Carlos Fairstein)