USA: Travel Association Launches Gulf Oil Spill Information Website

The U.S. Travel Association announced the launch of www.GulfTravelUpdate.com , a portal site that centralizes links to up-to-date travel and recovery information on Alabama, Florida, Louisiana and Mississippi - the states directly affected by the BP Oil Spill. GulfTravelUpdate.com includes links to traveler information from federal, state and local sources, plus oil spill news coverage and a map featuring the spill's impact on gulf shores from media partner USA Today.

Source: Travel Pulse; find article here>>.

Europe: Commission launches campaign to inform passengers about their rights

A Europe-wide publicity campaign in 23 languages launched by the European Commission is meant to provide passengers with easier access to information about their rights when travelling by rail or air. As part of the "Your Passenger Rights At Hand" campaign a website has been launched. Here people are able to find out what their rights are for each of the transport modes.

Source: European Commission Newsroom

Brazil: interactive online tourism experience

The Brazilian Tourist Board, EMBRATUR, announced the world's first Google/YouTube brand channel combining videos and Google maps to provide an interactive online Brazilian tourism experience. Accessible at www.youtube.com/visitbrasil, the site features more than 85 videos from Brazil. This is the first convergence of its kind involving Google Maps into YouTube to date.

Source: Brazilian Minstry of Toursim; find announcment in Portuguese here>>.

Austrian Supreme Court clarifies information duties in regard to entry requirements

Mr. F had booked a package tour to Morocco for himself, his wife and his eight year old son. At the time of booking he did not ask for entry requirements, only leafed through the pages of the tour organiser's brochure without looking for the respective information and didn't take the brochure along. The booking confirmation issued by the travel agent included the advice that information about entry requirements was avialable in the tour organizers brochure, at the website of the Austrian Ministry of Foreign Aiffairs at<www.reiseinformation.at> or at the embassy of the respective country.

At home he looked up the website of the Austrian Ministry of Foreign Aiffairs and found the information that to enter into Morocco for tourist purposes and a period not exceeding three month, Austrian citizens didn't need visa but were required a passport valid throughout their stay. In a guidebook he read that children either needed their own passport or had to be registered in a parent's passport.

At the airport he was told that his son would need his own passport and registration in the mother's passport (without foto) was not sufficient. F. decided to book a 'last minute' package tour to Mallorca. To show goodwill the tour organiser refunded 50 % of the travel price without accepting responsibility.

Back home F. assigned his claim to Austrian Federal Chamber of Labour which filed a law suit against the tour organiser.

Both first instance and second instance (Commercial Court Vienna) dismissed the claim: it was common knowledge that travelling to another country usually requires a passport. From the website of the Ministry of Foreign Aiffairs F. had learned about the requirements but ignored same. He therefore was responsible for contributory neglicence of 50 %. As the tour organiser had refunded 50 % there was no further claim.

Upon appeal of the Federal Chamber of Labour, Austrian Supreme Court held that tour organiser and travel agent had failed to fulfill their information duties: The advice given at the booking confimation was insufficient as the brochure was not handed out and the request to look at a certain website of the Ministry of Foreign Aiffairs or ask an embassy would impose a responsibility on the consumer which information duties of the tour organiser and the travel agent are aimed to avoid. There was no contributory negligence if F. had misunderstood the information given at the website of the Ministry of Foreign Aiffairs. Judgement was therefore given in favour of the claimant.

Supreme Court Judgement 6 Ob 142/09i of Sep.18, 2009 available in German here>>.

New Commissioners / Speech Kuneva

Meglena Kuneva, the leaving commissioner for Consumer Policy held a press conference regarding the "Revision of the Package Travel Directive" (see below)

Along the way: The new designated commissioner for Consumer Policy is John Dalli (MT) and for Transport (and as VicePresident) Siim Kallas (EE)

Press conference speaking points

Brussels, 26 November 2009

SPEECH/09/559

Ladies and gentleman,

It is my great pleasure today to announce that we intend to review the current EU rules on package travel to give millions of consumers better protection if their holiday goes wrong.

Why do we feel that the current rules need a makeover?

First of all, our current EU law on package travel - the Package Travel Directive - was written almost 20 years ago, in 1990.

Back in those days, millions of European holidaymakers picked their package holiday from a glossy brochure and booked at a travel agent on the local high street.

The Package Travel insisted on:

- clear information in brochures,

- gave people the right to assistance if they had difficulties on the spot,

- gave them protection for substandard services,

- And it put in place insolvency protection if the tour operator or airline went bust.

But the 1990 Package Travel Directive is no longer suited for today’s travel market.

Increasingly large volumes of bookings are made by consumers putting together their own packages, often online.

Today, 56% of EU citizens organise their holidays themselves, so the number of those opting for a traditional pre-arranged package has fallen dramatically.

Just to give you one example, in 1997, 98 % of passengers travelling from the UK on leisure flights were protected by the Directive, now less than 50% are protected.

Fewer and fewer people are getting the holiday protection they deserve. That is NOT good enough. There are 3 main areas I want to focus on in this review:

1. The first, is the central issue of the Scope of the Directive.

Simply put, which of new kinds of package holidays should be covered by EU protection?

Most pressingly, we need to look at adapting the rules to take account of the "next generation" of "dynamic packages". This is where consumers make up their own package choosing two or more services, for example a flight and a hotel, either from one supplier – like Expedia or Opodo. Or from different suppliers that are commercially linked.

In the past 2 years, almost 1 in 4 EU citizens have booked these new "dynamic packages." In some countries, like Sweden and Ireland, the figure is as high as 40%!

My starting point is that we should look to extend the protection in the current directive as far as possible to cover all the new kinds of ‘dynamic packages.’ That way, we can provide more legal certainty for businesses and tough protection for consumers.

Of course we are looking forward to getting detailed feedback from industry and all stakeholders before taking final decisions on this issue.

Package Travel Label

Speaking of legal certainty, I want to draw your attention particularly, to the new ‘Travel Protection Label’ which we are considering introducing. The idea is to have a logo which makes it absolutely clear for consumers and businesses which holidays are covered by this Package Holiday Protection. I hope that this initiative will gain widespread support during the consultation.

2. Legal Responsibility

The second big issue we need to get right in this consultation is the issue of legal responsibility.

Simply put, who is responsible for what when things go wrong? Is it the carrier, is it the travel agent, is it the tour operator?

Today the old distinctions between carriers, tour operators and travel agents are often blurred. It is often not all that clear who is actually responsible for making sure that everything that is the holiday contract which the consumer signs has been properly carried out.

We urgently need to clarify these legal responsibilities.

3. Insolvency Finally, I want to come to the critical issue of protection for consumers in the

case of insolvency – in particular, what do when airlines go bust.

I know that many of you, like me, will have watched with great concern the TV pictures, as Sky Europe, XL, Future, Zoom and other airlines went bankrupt in recent months and years.

Thousands of airline passengers were stranded in airports across Europe, with worthless tickets, unable to get home. Like me, I am sure many of you watched with dismay and thought, how can this be legal? How can this be right?

Bankruptcy has become an increasing concern for European consumers. The rise of airline insolvencies has grown substantially. Between November 2005 and September 2008 alone, 29 airlines went bust.

In far too many cases European consumers found themselves "left out in the cold" unprotected and with no way of getting home.

Now is the right time to the ask the tough questions about the need to extend basic protection against airline bankruptcy to consumers across the board, including to stand alone airline tickets.

Ladies and gentlemen,

I Iook forward with great interest to getting feedback from industry, consumer organisations and the public on this consultation.

Armed with that feedback, I am confident we can get the right solutions and deliver: more low cost holidays; more competition; and more value for money and choice for consumers.

Thank you, now I am happy to take any questions you might have.

USA: State Department Alert Signals Hurricane Season

The U.S. State Department has issued its annual alert on the coming of the Hurricane Season in the Atlantic and Pacific oceans, the Caribbean and the Gulf of Mexico. The official Atlantic Hurricane Season runs from June through November. The alert expires on Dec. 4, 2009. It cites officials at the National Weather Service and at the National Oceanic and Atmospheric Administration (NOAA) who predict a 50 percent chance that activity during the 2009 Atlantic Hurricane Season will be near-normal this year, forecasting nine to 14 named storms, with four to seven becoming hurricanes and one to three becoming major hurricanes.

For further information see www.travel.state.gov

European Court of Justice: no Telephone Numbers necessary in e-Commerce

Article 5 of the E-Commerce Directive 2000/31/EC provides that the service provider shall render easily, directly and permanently accessible to the recipients of the service and competent authorities his details, including his electronic mail address, which allow him to be contacted rapidly and communicated with in a direct and effective manner.

In a decision of Oct. 26, 2008 ECJ ruled that Art. 5 must be interpreted as meaning that a service provider is required to supply to recipients of the service, before the conclusion of a contract with them, in addition to its electronic mail address, other information which allows the service provider to be contacted rapidly and communicated with in a direct and effective manner. But that information does not necessarily have to be a telephone number. The information may also be in the form of an electronic enquiry template through which the recipients of the service can contact the service provider via the internet, to whom the service provider replies by electronic mail except in situations where a recipient of the service, who, after contacting the service provider electronically, finds himself without access to the electronic network, requests the latter to provide access to another, non-electronic, means of communication.

Given the increasing number of online bookings of travel and tourism services, this decision is of significant importance for the European stakeholders in tourism.

Find full text of the decision here>>.

Austria: Supreme court decision on obligation to inform on hotel suitability for disabled travelers

When booking the package tour wheelchairbound plaintiff was informed that the chosen hotel was not equipped for disabled persons. Upon arrival she was assigned a ground floor room, but, however had to transcend two steps, there was one more step inside the room and again two steps to get on the terrace. There was no problem to enter the bathroom. Plaintiff needed staff support to enter or leave her room.
Back from the journey she claimed for price reduction and compensation for loss of holiday enjoyment, stating she had not suffciently been informed about specific lacking wheelchair accessability.
Austrian Supreme Court (OGH) confirmed the lower instances' view that the general information "hotel not equipped for disabled persons" was sufficient and tour operator had no further obligation to inform without specificly being asked. The claim was therefore dismissed.

Full text of decison 6 Ob 273/07a of 12.12.2007 available in German here>>.

Commisson's information on air passenger rights incorrect

The European Ombudsman, P. Nikiforos Diamandouros, has called on the European Commission to correct inaccurate and misleading information contained in leaflets, posters and a video presentation on air passenger rights. This follows a complaint to the Ombudsman from two airline associations. They criticised the information provided by the Commission on the rights of travellers to compensation and assistance in the event of denied boarding, cancellation of flights or long delays. Although the Ombudsman did not find all the complainants’ allegations to be justified, he identified certain inaccurate and misleading statements in the information material and asked the Commission to correct them. One of the statements in the leaflets and posters reads: "If you are denied boarding or your flight is cancelled, the airline operating your flight must offer you financial compensation and assistance". The Ombudsman considers that this sentence wrongly suggests that compensation has to be paid in every case where a flight is cancelled. The Ombudsman also agrees with the complainants that a statement in the video that "Immediate and automatic compensation will be paid for delays, cancellations and overbooking" is inaccurate as compensation never has to be paid in respect of delay, and where compensation is payable for cancellation and overbooking, it does not have to be paid immediately. The Ombudsman accepts that the information material provided by the Commission could not be expected to be complete, but considers that the information given must be accurate. The Ombudsman therefore asks the Commission to correct as soon as possible the inaccurate and misleading statements identified in his inquiry.
Source: http://www.ombudsman.europa.eu/release/en/2007-01-10.htm

(Originally posted by Michael Wukoschitz)

Passengers' Rights Survey

A recently published survey carried out by the EU Commission showed that almost four out of ten citizens are not aware that they conclude a conctract with a transport company when purchasing a ticket and a majority doesn't know about the rights and obligations contained in such contract. The most used means of transport, namely local urban transport and inter-city rail transport have a more negative image whereas air transport has a posive image among most Europeans. However, despite the recent reinforcement of air passengers' rights in the EU, only one third of the citizens are aware of these rights (Special Eurobaromater 228 / Wave 63.2).

(Originally posted by Michael Wukoschitz)

Seaquake alert via text message

A German company has developed a system to forewarn tourists against seaquakes via text message to their cell phones. The system is based on data provided by international seismological institutes.

(Originally posted by Michael Wukoschitz)