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;

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                            

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; 

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;
  

New postings on IFTTA News

• European Council decides on accession of the European Union to the Athens Protocol;
• Austria: Supreme Court decides on innkeeper's liability with regard to theft from hotel garage;
• USA: DOT fines AirTran for deceptive price advertising;
• European Economic and Social Committee: opinion on tourism in Europe published;
• USA: man who helped to stop "underwear bomber" sues for USD 10 million;
• IFTTA Law Review 3-2011 now available;
• European Court of Justice: The directive including aviation activities in the EU’s emissions trading scheme is valid;
• Australia: Quantas succeeds against registration of "Flying Kangaroo" wines;
• USA: District Court upholds fine for traveler to Cuba who did not answer OFAC queries;
• European Union: Commission starts public consultation on the possible revision of the air passenger rights Regulation;
• Austria: new reference for ECJ preliminary ruling regarding rail passenger rights;
• U.S. Court of Appeals: violation of a government regulation no prerequisite to a claim under Article 17 Montreal Convention;
• EU Commission announces "Better Airports" package;

Most recent postings on IFTTA News

• USA: airlines ask DOT for another delay in new rules;
• USA: no private right of action pursuant to Air Carrier Access Act;
• UNESCO recognizes Aceh’s Saman Dance as Intangible World Heritage
• Scotland: Human Trafficking Report;
• EU: Commission requests Italy to comply with new safety rules for passenger ships;
• Taiwan: Hong Kong Dragon Airlines accused of discrimination;
• European Commission updates airline black list;
• New EU-US agreement on PNR;
• USA: DOT fines Spirit Airlines for deceptive price advertising;
• European Union: new rules on the use of security scanners at European airports;
• European Union: new Directive on Consumer Rights published in Official Journal;
• IFTTA Europe Workshop Website Online;
• Cruise conference - May 21-23, 2012;
• UK: OFT takes next procedural step in airline fuel surcharges case;
• USA: DOT issues first fine for tarmac delay rule violations;
• India: tiger reserves may ban tourists;
• Court of Cassation (FR) on Deep vein thrombosis;
• UNWTO: European tourism grows above expectations;
• European Consumer Centre Network launches Air Passengers Rights Report 2011;
• USA: DOT fines Caribbean Airlines for improperly limiting reimbursements for delayed baggage;

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

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

More news items at IFTTA website

• USA: Oklahoma's lawsuit against online travel companies dismissed
• Germany: Montreal liabilty limit for lost baggage applies per passenger regardless of number of checked pieces of baggage
• UNWTO: tourism a vehicle for gender equality
• Egypt: Minister of Tourism initiates new tourism campaign
• Ireland: Eyjafjallajökull eruption referred to the ECJ
• Finland: new reference for ECJ preliminary ruling regarding Reg. 261/2004 and "denied boarding"
• Austria: Supreme Court refers Pammer case back to court of first instance
• Mexico: President Calderon signs National Agenda for Tourism

Recent news postings on the IFTTA website

• USA: Air France fined for unlawful baggage liability disclaimer
• Canada: Warsaw Convention applied on non-complinace with wheelchair request
• Brazil: Gol Airlines must compensate the victim's sister to crash for R$ 120,000
• USA: court ruling entitles American Airlines to pull its fares from Orbitz
• USA: reasonable standard of care applies on pilot decisions to disembark passengers under Tokyo Convention
• UK: OFT Strategy on Online Shopping - Consumer Protection
• Germany: Prussian foundation entitled to interdict commercial photos and film-shots of its castles and gardens
• Hotelstars Union: Baltic Countries joined
• Europe: Consumer Centres' Network publishes survey on European Ski Resorts
• USA: some websites fail to identify operating carrier
• US Airport search angers Indian diplomat
• Germany: new reference for preliminary ruling with regard to Reg. 261/200
• USA/Brazil: open skies agreement
• France: Continental liable for Concorde crash

Find more at iftta.org.

USA begins to collect entry fees on travellers from Visa Waiver countries

The Department of Homeland Security (DHS) announced that it will begin collecting fees on travellers from Visa Waiver countries beginning Sept. 8, 2010. Travellers will be charged a USD 10 fee when applying for an Electronic System for Travel Authorization (ESTA). A portion of the fee will go toward funding the Corporation for Travel Promotion, created by the 2009 Travel Promotion Act. Customs and Border Protection, the DHS unit that is overseeing the process, also established a USD 4 cost-recovery fee for the ESTA program, meaning the total to visitors will be USD 14.

Currently, travelers from Visa Waiver countries are required to log on to a secure U.S. government ESTA website, enter their passport information and expected itinerary, and wait for an electronic authorization, which is good for multiple entries for two years.

Source: Travel Weekly; find article here>>.

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>>.

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>>.

USA: Airline sued for USD 5 million over bag fee

Danielle Covarrubias of Pierce County, Washington, wants American Airlines to pay USD 5 million.

The airline "has breached its agreements with its passengers every time they have lost or delayed luggage and failed to refund the passengers their baggage fee," according to a class action complaint Covarrubias filed in federal court earlier this month.

American Airlines is disputing her version of events and stressing that passengers can always request a fee refund as part of a baggage claim.

Source: CNN.com; find article here>>.

USA: Government Accountability Office investigating tarmac rule's effect on airline operations

The U.S. Government Accountability Office - "the investigative arm of Congress" - is investigating how the new tarmac-delay rule is affecting air travel. The new Transportation Department rule caps tarmac delays at three hours and sets minimum requirements for proper care of passengers while they’re stuck on the plane. The rule took effect at the end of April.

Source: Travel Weekly; find article here>>.

USA: summary judgement for airline in overbooking case upheld

Andrew P. Kalick purchased tickets for a North West Airlines flight from Kansas City to Philadelphia and was denied boarding as the flight was full. An NWA agent advised Kalick that she had instead booked him on an American Airlines flight to Philadelphia with a layover in Dallas. For reasons that are unclear from the record, Kalick missed his connecting flight and had to stay in the Dallas airport overnight and arrived in Philadelphia one day later.

Kalick filed a suit in the District Court alleging that NWA violated Department of Transportation regulations concerning compensation of passengers bumped from oversold flights. In addition, Kalick asserted state common law claims for breach of contract and fraud. He requested compensatory and punitive damages totaling $163,000.

The District Court entered an order concluding that the DOT regulations do not create a private right of action. Determining that any punitive damages claims based on Kalick’s state claims were pre-empted and, therefore, that Kalick could not meet the $75,000 amount in controversy requirement for diversity jurisdiction, the District Court declined to exercise supplemental jurisdiction over Kalick’s remaining state law claims. As a result, the District Court dismissed the case for lack of jurisdiction without prejudice to Kalick’s right to litigate the contract and fraud claims in state court.

Upon appeal by Kalick, the Third Circuit Court upheld the trial court’s order. First, the appeals court held that federal question jurisdiction was lacking because Section 250.9 does not create a private right of action, noting that every other circuit addressing this issue had ruled in the same manner. Next, the appeals court agreed that diversity jurisdiction was also lacking because the plaintiff had failed to show, by a preponderance of the evidence, that he could recover an amount exceeding $75,000 on his contract and fraud claims. Finally, the appeals court upheld the trial court’s refusal to exercise supplemental jurisdiction over the plaintiff’s state law claims, holding that the plaintiff had failed to prove the “exceptional circumstances” necessary for the exercise of such jurisdiction.

Case Kalick v. Northwest Airlines Corp. (3d Cir. (N.J.) No. 09-3608, Mar. 29, 2010)
Full opinion available here>>.

USA: Court rejects airline challenge to airport congestion pricing

The U.S. Court of Appeals for the District of Columbia rejected an airline industry challenge to a regulation letting airport operators charge more at busy times of the day to reduce delays.

The carriers argued the July 2008 regulation by the Transportation Department was discriminatory and unreasonable. The airlines also claimed the regulation wrongfully allowed state and local airport authorities to charge fees preempted by federal law and provided inadequate guidance to the airports on how the Department of Transportation would evaluate the reasonableness of the fees.

The court denied the petition by the Air Transport Association, which represents companies including Delta Air Lines Inc. and AMR Corp., the owner of American Airlines.

The full opinion in case Air Transport Association of America Inc. v. U.S. Department of Transportation, 08-1293, U.S. Court of Appeals for the District of Columbia is available for download here>>.