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                            

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

China: ban on fake historic tourism

The Chinese government has banned the use of "negative historical figures or literary works" to boost tourism, a new decree says.

The Ministry of Culture and the state Administration of Cultural Heritage also said places cannot claim to be the birthplaces or hometowns of characters from fiction or legend, Xinhua, the official government news agency, said. The decree also bans the construction of fake historic buildings.

Source: upi.com; find full article here>>.

Thailand: tourists warned not to feed street elephants

Tourists in Bangkok are being warned not to buy food for street elephants or risk a 10,000 baht (310 dollars) fine in the latest clampdown on begging by owners of the animals.

The Thai authorities have repeatedly attempted to stamp out the problem of elephant handlers, known as mahouts, walking the creatures in the capital and selling bananas and sugar cane for people to feed them. Street begging cuts an elephant's life expectancy by at least half, according to the Elephant Nature Foundation, a non-profit organisation which campaigns for elephant rights.

Source: AFP

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>>.

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>>.

Australia: advertising campaign to accompany tough new laws on sex tourism

The Australian government has promised to fight the sexual exploitation of children wherever it occurs. Adverts have been placed in national newspapers that warn offenders they can be prosecuted in Australia even if their crimes are committed elsewhere. The measures include jail terms of up to 25 years for Australians found guilty of sex crimes against children in foreign countries.

Source: bbc.co.uk; find article here>>.

USA: DOT Proposes Additional Consumer Protections for Air Travelers

U.S. Transportation Secretary Ray LaHood today proposed new consumer protections for air travelers, building on the Department of Transportation’s recent rule banning carriers from subjecting passengers to long tarmac delays and other deceptive practices.

Specifically, the new proposed rule would:

• increase compensation for passengers involuntarily bumped from flights
• allow passengers to make and cancel reservations within 24 hours without penalty
• require full and prominently displayed disclosure of baggage fees as well as refunds and expense reimbursement when bags are not delivered on time
• require fair price advertising
• prohibit price increases after a ticket is purchased
• mandate timely notice of flight status changes
  

Comments on the proposal are due in 60 days. The text of the proposed rule and comments are available on the Internet at www.regulations.gov, docket DOT-OST-2010-0140.

Source: DOT press release of June 2, 2010; find full text here>>.

EU updates aviation security rules

Regulation 300/2008 on aviation security applicable as of 29 April 2010 puts in place new rules to improve, streamline and simplify existing procedures. For example by:

• Eliminating duplication of security controls. For example, reducing costly duplication of checks in strictly controlled areas of EU airports, where there has already been strict screening for access. This is of significant operational benefit for airlines and airports.
• Simplifying procedures. For example, by establishing a single set of standards for the documents you need to get access at airports. The new rules clarify which kinds of identification and authorisations are necessary for access to different restricted areas. This clarifies the situation for authorities making it easier for them to operate the system.
• Harmonising procedures. For example, introducing EU-wide procedures for the recognition of hauliers transporting air cargo consignments. These can be recognised and used by hauliers in all Member States – this reduces restrictions for hauliers and the need for costly re-screening of cargo.
• Introducing common minimum standards as regards security training for all staff that implement security controls.

By 29 April 2013 at the latest, all liquids will be allowed in cabin baggage and will be screened. By that date, the current restrictions on the carriage of liquids in cabin baggage will end. The transition period until 2013 is necessary to allow for a roll-out of liquids screening equipment at all EU airports.

Source: Europa Press relase RAPID IP/10/479 of 29/04/2010

Arizona: new immigration law detrimental to tourism?

Many officials in Arizona's tourism and hospitality industry fear that the state's new immigration law is anything but hospitable. Hotel owners, tour operators and convention executives say the law could discourage visitors and companies from meeting there at a time when one of the state's vital industries already is suffering. There are already some calls for an economic boycott.

Source: USA today; find article here>>.

France: Burqa ban to apply to tourists too

France's government announced it would apply a proposed ban on face-covering Islamic veils to visiting tourists as well as residents, even as skepticism mounted over the legality of the plan. The draft bill will be presented to the cabinet next month. France's highest court has already warned the government that a complete ban could be unlawful.

Source: eTurboNews; read article here>>.

USA: exemptions from new tarmac-delay rules denied

The U.S. Department of Transportation has denied the requests of five airlines for a temporary exemption from a new rule limiting tarmac delays to three hours. The new rule goes into effect on April 29. Airlines face fines of up to $27,500 per passenger for planes that sit on the tarmac for more than three hours.

Some airlines requested exemptions for New York's Kennedy Airport arguing their operations would be affected by a runway closure. Other exemptions were requested for neighbouring airports because delays at Kennedy would disrupt operations at the other New York-area airports.

The DOT said it received 125 comments from individuals on the carriers' requests for exemption from the three-hour rule, and that all but two opposed the requests.

Source: Travel Weekly; find article 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>>.

UK: consultation on creating new consumer right

Altough Consumers are protected from traders' misrepresentations and unfair dealing by the Consumer Protection from Unfair Trading Regulations, which implement EU law, they cannot take direct action under these Regulations. The Law Commission and Scottish Law Commission are therefore reviewing whether or not consumers should be able to take direct action against retailers who treat them unfairly. It has asked consumers and businesses if the action would be too severe.

Source: out-law.com; find article here>>.

European Union: Evaluation of Reg. 261/2004

European Commission has published a final report on the evaluation of Reg. 261/2004. Despite some significant improvements in the protection of passenger rights, the report identifies the following remaining problems:

• some carriers are still not consistently complying with the requirements of the Regulation or are interpreting the Regulation in a way which minimises their obligations;
• in many Member States, enforcement is not effective enough to provide carriers with an economic incentive to comply;
• in several Member States, there is no mechanism available by which individual passengers can readily obtain redress from carriers;
• although rulings by the European Court of Justice (ECJ) have addressed some ofthe issues in the Regulation that were unclear, a number of issues have not been addressed and
• in some areas the rights granted by the Regulation can lead to different understandings (for example relating to long delay and cancellation) or do not address all the problems that passengers may face (such as missed connections due to delays).

The report makes a number of recommendations, including improvements to the enforcement of the Regulation, other improvements to the operation of the Regulation which would not require any legislative changes as well as possible changes to the requirements of the Regulation, if a decision is made to revise it.

The study, which was first reported to IFTTA by Stephan Keiler, is avialable for download in pdf here>>.

USA: new legislation requires disclosure of airline fees

The Federal Aviation Administration reauthorization bill, passed by the Senate earlier this week, contains a new provision that would require airlines and online travel agencies to clearly disclose all fees associated with the cost of a ticket, including holiday surcharges, baggage fees and seat assignments.

The bill also includes the Passenger Bill of Rights, which mandates that aircraft cannot remain delayed on the tarmac for longer than 3 hours before having to return to the gate. Alternatively, the rule allows the airline to send buses to take passengers off the plane so the aircraft doesn't lose its place in line to take off.

In response to recent plane crashes, the bill also

• tightens pilot hiring, testing, training, and rest requirements for large and small airlines
• bans the use of personal electronic devices in the cockpit

The F.A.A. reauthorization bill now has to go into conference committee and be reconciled with the House version of the same bill.

Sources: New York Times "In Transit" Blog; find article here>>.
eTurboNews; find article here>>.