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;

UK: airlines fail to comply with EU passenger compensation rules

The UK Air Transport Users Council (AUC), set up and funded by the Civil Aviation Authority (CAA) to help protect the interests of air travellers, says that airlines are repeatedly failing to meet their obligations under European Union law to aid passengers affected by delays and cancellations. Between April and June, AUC received more than 7,500 complaints from travelers, many of them resulting from carriers refusing to compensate accommodation costs for passengers stranded during the volcanic ash crisis.

Source: AUC press release>>.

UNWTO Reports International Tourist Arrivals Up 7 Percent

International tourist arrivals grew by 7 percent in the first four months of 2010 according to the latest issue of the UNWTO World Tourism Barometer. This growth confirms the recovery trend beginning in the last quarter of 2009 and comes despite the challenging conditions of recent months. While April’s results were affected by the week-long closure of European airspace, globally the pace of recovery is faster than initially expected, driven largely by emerging markets. For the full year 2010, UNWTO forecasts international tourist arrivals to grow by 3 percent to 4 percent.

Source: UNWTO press release of June 29, 2010

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>>.

UNWTO: China may become top tourist destination by 2015

China, the world's fourth-most popular tourist destination at present, will surpass France as the largest tourist destination by 2015, according to Taleb Rifai, secretary general of the UNWTO. In the last ten years, the number of foreign tourists to China has increased from 8 to 48 million.

Source: eTurboNews; find article here>>.

USA: 2009 showed improved airline on-time performance and decreased rate of mishandled baggage

The nation’s largest airlines had an on-time performance rate in 2009 that was their best since 2003, according to the Air Travel Consumer Report released today by the U.S. Department of Transportation (DOT). In addition, the report shows that the carriers’ rate of mishandled baggage last year was the lowest recorded since 2004.

According to information filed with the Bureau of Transportation Statistics (BTS), a part of DOT’s Research and Innovative Technology Administration (RITA), the 19 carriers reporting on-time performance recorded an overall on-time arrival rate of 79.5 percent in 2009, an improvement over 2008’s rate of 76.0 and the best annual record since the 82.0 percent on-time rate of 2003. In addition, the carriers recorded a mishandled baggage rate of 3.91 per 1,000 passengers in 2009, an improvement over 2008's 5.26 and the best mark for a calendar year since the rate of 3.84 recorded in 2002.

Source: RITA press release of Feb 12, 2010; find full text here>>.

Brazil: One of every ten flights delayed over 30 minutes in 2009

Approximately one out of ten flights that took off from airports in Brazil in 2009 was delayed over 30 minutes (limit considered acceptable by the Brazilian Airport Infrastructure - Infraero). Despite the still high average of 11%, the National Civil Aviation Agency (ANAC) said the airline industry in the country increased its efficiency, whereas in 2008 the percentage was 17.5% and in 2007, 28.6 %.

Moreover, according to ANAC projection based on data from Infraero by the end of November, more than 126 million departures and landings must have been made in 2009, a number well above the 113.3 million recorded in 2008 and 110 6 million in 2007. Only until the beginning of December last year had already been made 115 million arrivals and departures.

According to the director president of ANAC, Solange Vieira, increased efficiency is due to several actions taken during the year. "Increased competition, since the largest number of companies and airports available, led to an improvement in service. The Aeroporto Santos Dumont (RJ) had a significant effect on this process, including releasing the Galleon for new flights. Moreover, ANAC taken steps to distribute the flights outside of peak hours and tailor the operational capacity of Guarulhos (SP), "he said in a statement.

According to ANAC, passengers better informed about their rights and obligations also contributed to the normal at airports. Among the largest airlines operating in the country, the monthly average of flights delayed more than 30 minutes in 2009 was: Webjet (13.1%), Gol / Varig (10.1%), TAM (10%), Ocean Air (8.3%) and Blue (8.1%).

Danilo M

Agency Brazil

Brasilia


Forwarded to IFTTA by Ronaldo Armond

ITB World Travel Trends Report predicts worldwide increase in airline ticket prices

According to the ITB World Travel Trends Report, commissioned by the world’s leading travel trade show and compiled by the consultancy IPK International, a short- to mid-term rise in the price of airline tickets is to be expected worldwide. The ITB World Travel Trends Report states that in order to become profitable again, airlines will have to significantly adjust their ticket prices. The findings are based on the assessments of 60 tourism experts from 30 countries.

Source: ForImmediateRelease.net; find article here>>.

ITB World Travel Trends Report 2009 available for download as pdf here>>.

Caribbean: quiet hurricane season

The six-month hurricane season that ended Nov. 30 saw only nine named storms formed in the Atlantic and for the first time in three years, no hurricane struck the U.S. mainland or a Caribbean island.

Source: Travel Weekly; find article here>>.

IATA: Airline Losses at $11 Billion in 2009

The International Air Transport Association (IATA) announced a revised global financial forecast predicting airline losses totaling $11 billion in 2009. This is $2 billion more than the previously projected $9 billion loss due to rising fuel prices and exceptionally weak yields. Industry revenues for the year are expected to fall by $80 billion to $455 billion, a 15 percent drop from 2008 levels. IATA also revised its loss estimates for 2008 from a loss of $10.4 billion to a loss of $16.8 billion. This revision reflects restatements and clarification of the accounting treatment of very large revaluations to goodwill and fuel hedges. IATA industry profit figures strip-out such extraordinary items which are not realized in cash terms.

Source: IATA press release 37 of Sep. 15, 2009

Bangladesh: new tourist police

Bangladesh has formed a police unit to better protect local and foreign tourists and tourism spots. Another main task for this particular unit will be to look after the nature and wildlife in the tourist spots.

Due to the country's National Tourism Authority (NTA), a total of 349,837 foreign tourists visited Bangladesh in 2008, about 21 percent more than in 2007.

The lack of security and poor infrastructure were largely blamed for lower tourist arrivals in the country's remote tourism spots. It is the purpose of the new police unit to change that.

Source: www.xinuanet.com; find article here>>.

UNWTO: international tourism down by 8%

According to the June edition of the UNWTO World Tourism Barometer international tourism declined by 8% between January and April compared to the same period last year. Destinations worldwide recorded a total of 247 million international tourist arrivals in those four months, down from 269 million in 2008. Given the changes in the outlook UNWTO has revised its forecast for the full year 2009. Taking account of the results for the first four months of the year and the current market conditions, international tourism is now forecast to decrease by between -6% and -4% in 2009, as the pace of decline is expected to ease during the remainder of 2009.

Source: UNWTO press release of July 2, 2009; find full text here>>.

USA: FlyersRights.org accuses some airlines of trapping passengers during diversions

As the U.S. Department of Transportation (DOT) released its sixth monthly data installment for diverted commercial airline flights – flights that make unscheduled stops before they reach their final destinations, either to refuel, or because of a weather problem or some other in-flight emergency - a FlyersRights.org analysis shows that some airlines routinely denied passengers the opportunity to deplane at a diverted airport, while others almost always gave passengers the option to wait out the diversion in the comfort of an airport terminal.

FlyersRights.org is lobbying Congress to adopt a rule that would allow passengers the opportunity to deplane if delayed on the ground for 3 hours or more for any reason, including flight diversions.

Source: FlyersRights.org

USA: FAA publishes Bird Strike Database

The Federal Aviation Administration (FAA) has made its entire Bird Strike database available on a public website by April 24. Portions of the database have been publicly available since the information was first collected in 1990, but the public is now able to access all of the database's fields. Over the next four months, the FAA will make significant improvements to the database to improve the search function and make it more user-friendly. In its current format, users will only be able to perform limited searches online, but will be able to download the entire database.

The FAA also plans to work with the aviation community to find ways to improve and strengthen bird strike reporting.

Source: FAA press release of April 22, 2009
Database available 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>>.

IATA forecast for 2009

According to the International Air Transport Association (IATA),the world's airlines are expected to lose US$2.5 billion in 2009. Passenger traffic is expected to decline by 3 percent following growth of 2 percent in 2008. This is the first decline in passenger traffic since the 2.7 percent drop in 2001.

Source: eTurboNews; find full article here>>.

Europe: PhoCusWright predicts European online travel bookings to increase by 19 percent in 2008

According to the fourth edition of PhoCusWright's European Online Travel Overview, online sales growth for leisure/unmanaged business travel for 2008, projected at 19 percent, is significantly greater than the 3 percent rate expected for the European travel industry as a whole. Internet bookings of leisure/unmanaged business travel will represent 29 percent of the €246 (US$310) billion European travel industry at the close of 2008.

Source: eTurboNews; find article here>>.

Caribbean: Hurricane Season Summary

The 2008 season produced 16 named storms, ranking it as one of the more active seasons in the 64 years since comprehensive storm records began. The 2008 season ranks second in destructiveness, causing up to $54 billion in damage, and is the only season to feature a major hurricane (Category 3 or higher) every month from July through November.

Source: Travel Weekly; find article here>>. (free registration required)

Details on this year's as well as previous hurricane seasons are available here>>.

IATA: air travel declining at alarming pace

According to the International Air Transport Association (IATA) the global aviation industry is facing its largest drop in passengers since the outbreak of Severe Acute Respiratory Syndrome (SARS) in 2003. Even the good news that the oil price has fallen to half its July peak was not enough to offset the impact of the drop in demand.

Global international traffic statistics for September 2008 show passenger traffic declined 2.9 percent while cargo traffic dropped 7.7 percent compared to the same month in 2007.

IATA favors less regulation of international air traffic as the most important factor in staving off further financial calamity in the industry.

Source: eTurboNews; find article here>>.

USA: New York area airports worst for late departures

A Travel Weekly analysis of airport departure times throughout the summer confirms that Airplanes taking off from New York-area airports (JFK, La Guardia, Newark) are more likely to leave late than planes departing other major regions, and that by a significant margin.

One trend common to all airports was a reasonably high on-time departure rate for early morning flights. The on-time rate then began to dip lower throughout the day, bottoming out in the late-afternoon rush hour. But deterioration in departure reliability at New York-area airports started sooner in the daily cycle, plunged deeper and lasted longer than other airports.

Due to the Port Authority, New York airports handled more than 104 million passengers last year. Since 75% of the US flight delays originate in the New York metropolitan area, the Port Authority concluded that their three airports accounted for a third of the nation's air travel delays.

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