No legal Basis for Transfer of Data from Airline Passenger Name Records to US Authorities?

In his opinion of 22 November 2005 (Cases C-317, 318/04) European Advocate General Léger proposed anullment of Commission and Council decisions on transfer to the American authorities of personal information concerning air passengers. Following the terrorist attacks of 11 September 2001, the United States adopted legislation to require airlines carrying passengers to, from or across United States territory to give the American authorities electronic access to the data contained in their Passenger Name Records. After negotiations with US authorities the Commission adopted a decision (the adequacy decision), holding that the US Bureau of Customs and Border Protection (CBP) offered a sufficient level of protection for personal data transferred from the Community whereas the Council adopted a decision approving the conclusion of an agreement between the European Community and the United States on the transfer of data from Passenger Name Records by airlines. Both decisions were challenged by the European Parliament before the European Court of Justice (ECJ). In his opinion the Advocate General concluded that the adequacy decision infringed the underlying measure, namely Directive 95/46, and proposed to annul that decision. Concerning the Council’s decision he considerd that Article 95 EC which concerns the adoption of measures for approximating the legal, regulatory and administrative provisions of Member States which have as their object the establishment and functioning of the internal market, did not constitute an appropriate legal basis and proposed that the Court should annul that decision as well. Although Opinions of the Advocate General are not binding, ECJ judgements at a high percentage follow these proposals.

(Originally posted by Michael Wukoschitz)

New Consumer's Code

It has been approved the Code of the Consumption, a complex job, by the precious contribution of the Commission of study presided from prof. Guido Alpa and other experts of the matter, with the collaboration of the mainly representative consumer’s associations. With the decree legislative n. 206 of the 6 september 2005 (published in italian Official Gazzette G.U. n. 235 of 8-10-2005 – S.O. n.162) has been reordered and simplified the norm on the protection of the consumers, in coordination with the principles and the addresses of the law n. 229/2003, in accordance of the obligation of semplification ordered by comunitarian law. The purpose of the code is to favor the information and the protection of the consumer, with the assurance of the correctness of the processes negotiation. The code also defines the rights and the interests of the consumers and the customers, the protection system in national and local center and the class action. There are also some dispositions in competition matter, transparency and information in the market and in the quality of the products and the services and about the liability of the producer. Regarding tourism law, it has to point out that from the date of entrance in vigor of the present code the decree legislative 17 march 1995, n. 111 (in accomplishment of the directive 90/314/CEE, concerning the travels, the vacations and the circuits "all comprising") is repealed.

(Originally posted by Gianluca Rossoni)

Kaprun-Accident: Sentence of Acquittal confirmed

In November 2000 155 people - mostly tourists who went for skiing - died when a cablecar at the Kaprun Glacier burned down. The fire was caused by a defective radiant heater in one of the carriages. In February 2004 all of the accused (including directors of the cablecar company, the company which produced the cablecar and official experts who were responsible for the operating permit)were found not guilty because a danger of a fire had not been forseeable. Court of Appeal (Oberlandesgericht Linz) now dismissed the appeal filed by public prosecutor who blamed the judgement for being remote from every day life. However, with the decision of the Court of Appeal the acquittals have now become final.

(Originally posted by Michael Wukoschitz)

Airline black list?

Following the recent aircraft crashes EU-Commission is considering to publish a black list of those airlines which lost their flight permission into one of the member states in the internet . According to British newspaper "The Guardian", traffic commissioner Jacques Barrot would prefer to activate the website as early as October 2005, but final decision may take until the end of the year.

(Originally posted by Michael Wukoschitz)

EU-Parliament voted against transfer of flight passenger data to Canda

The vote was meant as a protest against the fact that EU-Council and Commission are still refusing to grant the Parliament any right of codetermination in security issues. A similiar data transfer agreement with the U.S. has been challenged by the Parliament before the European Court of Justice.The judgement is expected by the end of the year.

(Originally posted by Michael Wukoschitz)

No tour operator liability for an accident

No tour operator liability for an accident of a two year old boy who slipped through the banisters of the hotel stairs: in a recent decision Austria's Supreme Court confirmed judgements of lower instance courts who both had dismissed a claim for compensation for pain and suffering based on the allegation that the tour operator had not provided sufficient security for children. Supreme court held that an advertisement emphasising favorable family rates would not justify increased expectations in regard to child security. Contractual safeguard obligations must not be overdrawn. Constructional condition of the accomodation basically only had to comply with local standards. Regular inspections of this compliance and necessary adjustments to possibly increased local security standards would exempt tour operator from liability (OGH 07.06.2005, 5 Ob 108/05a).

(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)

Brisbane World's best Airport

IATA has chosen Brisbane Airport as world's best airport and bestowed the "Eagle Award". The airport is expecting 15 million passengers this year.

(Originally posted by Michael Wukoschitz)

Visitors Delayed

According to documents recently released, some visitors to the U.S. were delayed by immigration officers because the fingerprints in their passports were mismatched or smudged. However, Homeland Security Department pointed out that only a tiny fraction of visitors was affected by such problems.

(Originally posted by Michael Wukoschitz)

Liability for an accident at a water slide

Liability for an accident at a water slide was repudiated by Austria's Supreme Court (OGH): a swimming baths offering a water slide was not obliged to provide permanent supervision by its staff or video cameras. A stoplight system regulating access to the slide and sliding instructions displayed directly at the entrance of the slide were sufficent security measures. Safeguard obligations of a swimming baths must not be overdrawn. The claim for compensation filed by a boy who was hurt at an accident which occured when a group of other boys were blocking the lower part of the water slide was therefore dismissed (OGH 23.11.2004, 10 Ob 26/04b).

(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)

Machine-readable passport required

From 26. June 2005 all foreign travellers to USA who don't need visa must produce machine-readable passports, otherwise they may be rejected by immigration officers.

(Originally posted by Michael Wukoschitz)

No right of withdrawal from car hire contracts

Interpreting Art. 3(2) of the European Directive 97/7/EC on the protection of consumers in respect of distance contracts, European Court of Justice in a recent preliminary judgement (easyCar UK Ltd v. Office of Fair Trading) held that the exemption made in regard to "provison of transport services" includes contracts for the provision of car hire services. Consumers therefore have no unrestricted right of withdrawal within a specific period after conclusion of contract, even if same was concluded as a "distance contract" via the internet (ECJ 2005-03-10, C-336/03)

(Originally posted by Michael Wukoschitz)

New Travel and Tourism Law Blog

Since last week, is On-line "Lex Turistica" http://lexturistica.blogspot.com/ a Travel and Tourism Law Blog built by Portuguese Speaking Professors, from both Portugal and Brazil As far as we know it's the first Travel and Tourism Law Blog ever. All contributions are welcome!

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)

Lufthansa: New Check-In Machines

By the end of March 2005 Lufthansa will indroduce new check-in machines which will allow to scan passengers' passports. Due to legal obligations the Airline has to collect passengers' passport data for each flight to USA, Canada, Korea or Mexico. Up to now these data have beeen collected manually. The new machines will be a further step towards self-service by passengers.

(Originally posted by Michael Wukoschitz)

Remarable Boost in Tourism

Due to figures published by WTO this February, Central American states have achived an remarkable increase of Tourism. Espescially Panama substantially invested in touristic infrastructure and advertisment for its historical sites, beaches and national parks. Thus in 2004 number of tourists increased by about 20%.

(Originally posted by Michael Wukoschitz)

Ticket lost - still entitled to carriage?

"No compensation will be granted if tickets were stolen or lost ." Such provision used in the general condiditons of contract of a German coach tour company was held ineffective by Germany's Supreme Court: the provision was inappropriate as it would frustrate purpose of contract when ticket got lost, even though a register of passengers allowed bus driver to verify passgenger's right to carriage.(Press release 17/2005 by BGH/German Supreme Court)

(Originally posted by Michael Wukoschitz)

Increasing The Cases In Which Damages Resulting From Food Poisoning Are Recovered

There is an incresing number of Spanish cases in which restaurants are found liable by the Courts because of serving unsafe food. When a person becomes ill after ingesting contaminated food, he/she can be compensated for the damage. In some cases victims also receive a compensation for mental distress, particularly when foodborne illness occurs in a wedding banquet (e.g SAP Asturias, 14-10-2004, Sección 7ª, AC 20042040; SAP Álava, 14-5-2004, Sección 2ª, JUR 2004279526; SAP Granada, 2-2-2004, Sección 4ª, JUR 2004102397; SAP Burgos, 8-7-2003, Sección 2ª, JUR 200446581; SAP Salamanca, 19-6-2002 Sección Única, JUR 2002193204; SAP Murcia, 4ª 2-11-2001, JUR 200240201; SAP Las Palmas, 9-7-2001, Sección 3ª, JUR 200229831; SAP Burgos, 29-3-2001, Sección 2ª, JUR 2001141464)

(Originally posted by Josep M. Bech Serrat)

Railway Compensation Scheme

Austrian Federal Railways have introduced a new compensation scheme for railway delays. According to this scheme any delay exceeding 1 hour will entitle passengers to a refund of 20% of the payed fare. If the delay should lead into arrival after midnight, passengers can also claim for refund of taxi or accomodation fees up to EUR 80. However, this scheme falls behind expectations as EU commission had demanded a refund of 50% for delays exceeding 1 hour or even 100% for delays exceeding 2 hours.

(Originally posted by Michael Wukoschitz)

Book on U.S. passport law

My book, Krueger on United States Passport Law (2nd ed. 1997 & supps. 1999-2004), is available. Stephen Krueger dailidvpalau@yahoo.com.tw

(Originally posted by Stephen Krueger)

Law Office of Can & Partner

Law Office, working on the private law and commercial law fields, with an international quality. Our main office is in Ýzmir, however we cooperate with the law offices in Ýstanbul and Alanya. Our office was founded in 1993 by the At. At Law Nevin Ersavaþ We give since 11 years our consultations on several branches and importances to national , international companies. We also represent clients needing our legally support.

(Originally posted by Nevin Can Ersavas)

National Security and Data Protection

Since 5 March 2003, an agreement between the European Commission and United States Customs gives the USA online access to passenger name record (PNR) data of all Europe-based airline carriers for flights that go to, from or through the USA. European privacy protection groups are deeply concerned as airline companies disclose Passenger Name Record data to United States authorities without obtaining passengers' explicit consent. They have launched a campaign encouraging passengers to send complaint letters to airlines and national data protection authorities to claim back privacy rights (http://www.edri.org/)

(Originally posted by Michael Wukoschitz)

Security, Terrorism and Tourists

Since the beginning of March 2003 US immigration authorities are checking all tourists for radioactive material as there is increasing concern of new terrorist activities.

(Originally posted by Michael Wukoschitz)

Freedom of Tourism and Travel Services

Austria’s Administrative Court recently came up with a principle decision regarding freedom to provide services of couriers, escorting travel groups from other EU-countries. Administrative Court held, that such couriers are free to show and explain any national sights to their group, with the only reservation made in regard to museums or historical monuments, which require a specific knowledge of the guide, exceeding the proof of qualification required for tourist guides in general (VwGH 04 Sept.2002, 2000/04/0066)

(Originally posted by Michael Wukoschitz)

Unidroit Hotel Contracts

The Governing Council of Unidroit at its 80th Session has approved the issue of hotel contracts being put on its reserve list with a view to future work on it if resources are available. It now appears on the reserve list for the Unidroit Work Programme for 2002-2004.

(Originally posted by John Downes)

World Travel and Tourism Council: Forecast Growth in 2003

The WTTC released a series of reports on 8.11.02 predicting a strong forecast for the last quarter of 2002 and strong growth in 2003. “The relative strength in consumer spending in many countries compared with expectations earlier in the year has helped maintain personal Travel and Tourism spending”. Despite the Bali bombings and uncertainty caused by potential military action against Iraq the WTTC/Oxford Economic Forecasting reports a forecast of 4.1% real growth in 2003.

(Originally posted by John Downes)

Lockerbie: Compensation

UK families have treated, with some scepticism, claims by US lawyers that they have negotiated a new settlement for families of the victims of the Lockerbie bombing. The settlements are said to amount to £6.4m (€10.08m or $10.12m) per family. However, there have been previous claims of settlement but these have failed to materialize.

(Originally posted by John Downes)

Lockerbie: Appeal

Abdelbaset Megrahi has lodged an appeal to the European Court of Human Rights alleging breaches of his human rights in his trial by the Scottish High Court of Justiciary and in his imprisonment in Glasgow.

(Originally posted by John Downes)

Payment of Hotel Bill

In R v Vincent [2001] CA, V stayed for a week at one hotel and shortly afterwards he stayed for a month at another. In both cases he left without paying his bills. He told the court that he had told the owners of both hotels that he was waiting to receive some money and would then pay them. Thus, he believed that they had accepted the arrangement that he would make payment when he was able to do so. The Court of Appeal (Criminal Division) upheld an appeal that V was not guilty of an offence under Section 2 of the Theft Act. Although hotels normally required “on the spot payment”, that expectation did not apply where an agreement had been reached to pay later. Whether or not that agreement had been induced by deception, it did not amount to theft of services under the Theft Act.

(Originally posted by John Downes)

EU Commission Approves Passenger Vessel Subsidy

The Commission has approved a Finnish scheme providing a subsidy to passenger vessels. This permits a 97% reduction of withholding tax on the marine work income of European seafarers working on board Finnish passenger vessels. This allows Finland to align with similar measure in neighbouring countries.

(Originally posted by John Downes)

UK Scheme to aid Airlines

The EU Commission has approved an UK Scheme which compensates airlines for the costs incurred 11-15th September after the attacks in New York and Washington. Those are for costs occured as a result of flights cancelled or delayed by national authorities. The scheme applies to all UK airlines and is expected to cost £45m ($72m). A similar French scheme was approved in January.

(Originally posted by John Downes)

Airline Trade War

Loyola de Palacio, the EU Transport Commissioner, has put forward proposals to the Commission to hit state-aided airlines flying into the EU with penalties, including duties and landing right restrictions. Although it is stressed that this is not aimed at a particular country, it is viewed by some observers as retaliation against the USA, which provided $15bn in aid to carriers following September 11th. There have been complaints by EU airlines that this has been used as a means of unfair competition.

(Originally posted by John Downes)

September 11th - Flying School receives notice of Approval of Hijackers' Visas

The Huffman international Flying School, where two of the September 11th hyjackers trained, have just received letters from the INS (US Immigration Dept.) that their visa applications have been approved. The INS said that the original approval had been granted on 17 July and that the school had been notified in the summer. These letters were merely a "backup notification". They blamed a backlog of paperwork at their processing centre in Kentucky for the delay. The papers relate to Mohammed Atta and Marwan Al-Shehhi. Atta is believed to have been the ring-leader of the group. He, along with three others, seized American Airlines Flight 11 from Boston-Los Angeles and flew it into the North Tower of the World Trade Center. Al-Shehhi is believed to have piloted United Airlines Flight 75, also from Boston-Los Angeles, into the South Tower 17 minutes later.

(Originally posted by John Downes)

Demolition of Famous Hotel

Work has begun on the demolition of the Intourist Hotel, one of Moscow's most famous landmarks. It was erected in 1970 to cater for foreign tourists. It was notorious for its Cold War standards, with surly staff, buged hotel rooms and illegal money changers. It was also the setting for many spy novels. The hotel is no longer needed as there is a plethora of western style hotels in the city. The hotel will be mourned by few as it was a large concrete and glass monstrosity.

(Originally posted by John Downes)

Lockerbie Conviction Upheld

Abdelbaset ali Mohmed al-Megrahi, the Libyan man found guilty of the Lockerbie bombing, has lost his appeal against conviction. The High Court of Justiciary jailed him for life in January 2001 for the bombing of Pan Am Flight 103 over Lockerbie in December 1988. 270 people were killed, including all those on board and others in the small Scottish border town.

(Originally posted by John Downes)

Plan to Lure Tourists Back

Mike Watson, the Tourism Minister, has unveiled "The Tourism Framework for Action" in Oban, which aims to make Scotland a world-class tourism destination. The document is the outcome of a 5-month consultation excercise following the decline in tourist arrivals. Scotland lost £500m ($800m) last year, exacerbated by the aftermath of September 11th. Tourism employs 193,000 people in Scotland.

(Originally posted by John Downes)

Lufthansa's First Full Year Losses for a Decade

Lufthansa has suffered a pre-tax loss of 745m euros ($660m). Its operating profits plummeted from 1bn euros to 20m euros. It has announced that it will not be paying shareholders a dividend. The results follow the aftermath of September 11th, the economic downturn and a series of pilot strikes.

(Originally posted by John Downes)

Slump in Tourist Arrivals

Nepal has experienced a 10% decline in tourist arrivals in 1999, with a 30% decline in the important Indian market. Tourism is an important industry for the mountain kingdom and the principal source of foreign currency. The reasons given for the decline is the number of general strikes, including threatened strikes in the hotel sector. The highjacking of the Indian airlines plane at Kathmandu in 1999 also deterred some visitors.

(Originally posted by John Downes)

Bathing Water Directive

The Bathing Water Directive 1976 is to be reviewed. A key aim is to improve information available to the public. It will also bring in more robust standards. the new proposal is expected to be published in June or July 2001. See http://europa.eu.int/water/water-bathing/index_en.html

(Originally posted by John Downes)

Airlines Price Fixing to be Reviewed

The Commission issued a consultation paper on 8 February 2001 indicating that it intends to review the block exemption from EU Competition Rules given to airlines.This would affect the "passenger tariff conferences" held by IATA to deal with interlining agreements. The exemption will continue until June 2002 when the new policy should be announced. See
http://europa.eu.int/comm/competition/antitrust/others/#consultation_interlining_feb_2001

(Originally posted by John Downes)

Languages

A Eurobarometer survey (16000 people in EU interviewed) reveals that English is the most widely-spoken second language in the EU (41%). 53% have a second language. French is second in the league (19%), German (10%) and Spanish (7%). 2001 is European Year of Languages.

(Originally posted by John Downes)

IATA: Deep Vein Thrombosis and Air Travel

IATA Director General, Pierre J Jeanniot, stated in letters to the Vice President of the European Commissioner and Commissioner for Transport, Mme Loyola de Palacio and US Secretary of Transport, Mr Norman Mineta, "At the present time, there is no conclusive medical evidence supporting the alleged connection of deep vein thrombosis (DVT) with long distance travel. Nonetheless, a number of further studies are underway and IATA Members are very much aware of the need to minimise any potential risks". IATA is organising a worldwide conference on cabin health in Geneva 17-18 May 2001.

(Originally posted by John Downes)

STB Chief Stands Down

Lord Gordon, chairman of the Scottish Tourist Board, has stood down, following a troubled year for the Scttish tourism sector. The number of foreign visitors to Scotland fell by 11% in 1999. The First Minister of Scotland, Henry McLeish, commissioned PriceWaterhouseCoopers to undertake an independent review of the STB. The Report recommended a radical shakeup and a change of name to "visitscotland".

(Originally posted by John Downes)

Afghahistan: Statues of Budha Attacked

It has been reported that the Taleban have begun the demolition of two statues of the Budha, the largest rock hewn in the world. The statues date back to 2-5th centuries, when Afghanistan was an important centre of Budhism. The Taleban have condemned the statues as "idols" and an "insult to Islam". They have also begun to destroy statues in the country's museums. UNESCO chief, Koichiro Matsuura, has condemned these as acts of vandalism.

(Originally posted by John Downes)

Internal Market for Transport Services

The EU Lisbon Summit on 23-24 March set as one of its objectives the setting of a strategy for removing barriers to the provision of transport services and further liberalization in the sector.

(Originally posted by John Downes)

Launch of New EU Website on E-Commerce

The EC Commission has launched a new interactive website so that the public can track latest developments in the EU's eEurope initiative and to encourage debate on e-commerce and access to the Internet. An on-line forum is also being planned to promote ADR in business and consumer disputes involving e-commerce. The website can be accessed at:
http://europa.eu.int/comm/information_society/eeurope/index_en.htm (Source: IP/00/320 and IP/00/312)

(Originally posted by John Downes)

Working Time Directive Extended to Transport Workers

Agreement has been reached to extend the Working Time Directive to a further 5 million workers in the EU. The decision was taken on April 3 and will now cover rail workers and those involved in air, road and inland waterway transport. They will have a right to rest periods, a limit on working hours per week and a minimum of 4 weeks' annual leave.

(Originally posted by John Downes)

IATA Initiatives on Disruptive Passengers

A Memorandum of Understanding and a set of IATA Guidelines have been adopted by by the major airlines and airports authorities to address the problem of disruptive passengers. An IATA Seminar in Geneva on 23 March attracted 140 delegates from 64 airlines and other industry associations. Protocols adopted by Gatwick Airport's Disruptive Passenger Action Group were put to those attending as good practice. The UK and Canada have launched public awareness campaigns to make clear what type of behaviour will not be tolerated and the legal and other consequences for those who engage in it.

(Originally posted by John Downes)

Dutch Bordello to Sue for Right to Open Branch at Airport

he Dutch Bordello, Yab Yum, threatened to sue for the right to provide a "relax service" at Schipol Airport for tired travellers. Schipol Airport had rejected their request as inappropriate to the overall philosophy of the airport.

(Originally posted by John Downes)

Tourism Minister may Face Charges

A Congressional Committee will determine on April 10 whether to remove immunity from prosecution from Tourism Minister, Oscar Espinosa. Mr Espinosa faces allegations of corruption amounting to 45 million dollars when Mayor of Mexico City.

(Originally posted by John Downes)

Radical Changes to Liquor Licensing Law

The Home Secretary has unveiled plans on April 10 to biggest changes to Liquor Law in England and Wales since 1915 (Scotland has its own system). These proposals include the removal of fixed opening hours and restrictions on Sunday opening. Those restrictions are thought to have encouraged binge drinking. There would also be greater access to pubs for children. This latter measure would reflect mainland European practise and is thought will encourage tourism.
Responsibility for licensing would be transferred from magistrates courts to local government authorities. They would be empowered to impose conditions such as the use of closed circuit TV, employment of registered security guards and soundproofing of premises.
The new law would also contain tough penalties for those engaged in violent or drunken behaviour and those who run unrully premises.

(Originally posted by John Downes)

Radical Reform of EU Institutions & Procedures

The EC Commission has prepared a paper on radical reform for the Inter-Governmental Conference in February. This is needed if the enlargement proposals are to work. It proposes a maximum of 20 Commissioners nominated in rotation by Member States. It also recommends that the existing 700 limit be maintained for membership of the European Parliament and the use of Qualified Majority Voting as the norm for Council meetings. Further details are available at http://europa.eu.int/igc2000/index_en.htm

(Originally posted by John Downes)

IATA Criticise Europan Transport Ministers Meeting Re the Air Traffic Management System

IATA stated that, though the Meeting of the Ministers of Transport of the 38 ECAC States in Brussells was helpful its outcome was inadequate. There is need for more action to reduce delays and to build a safe, efficient and cost- effective ATM system. IATA supports EC membership of EUROCONTROL. It also supports the EC Commission's decision to form a high level group to build a Single European Sky. It calls for strengthened capacity planning by EUROCONTROL and has criticised the capacity targets set for summer 2000 and 2001.

(Originally posted by John Downes)

World: Tourism Sector Growth

The tourism sector is recovering from the doldrums brought about by the Asian economic crisis. The WTO's preliminary figures show international tourist arrivals in 1999 at 665-670 million, a growth of 4-5%. There has been robust growth in the European outbound travel to other European destinations, North America, North Africa and Asia. The Asian outbound market is also recovering. Tunisia and Morocco have both experienced growth rates of 12%, Southern France 10% and Spain 9%. The Latin American outbound market remains in the doldrums, however.

(Originally posted by John Downes)

Mir Hotel

Walt Anderson, the US venture capitalist and backer of the Mir Space Station has suggested that the Mir Station could be converted into a tourist attraction. He estimates that the first holiday would cost $40m but thereafter the price would fall to "a more reasonable $20-$25m". Sales of such holidays in the EU would of course be subject to the Package Travel Directive!

(Originally posted by John Downes)

Criticism of the Scottish Tourist Board

The Forum of Private Business has attacked the "deplorable attitude" of the Scottish Tourist Board follwing a survey into how the STB's services are perceived by the tourist trade. 40% of respondents rated the STB as poor or very poor. 80% believe that the Government does not understand the tourism industry. The Scottish Parliament has called for a root and branch reform of tourism development services in Scotland.

(Originally posted by John Downes)

Pilot Fined for being Drunk

A Royal Air Maroc pilot was prevented from flying by officials at Schipol Airport after security officials noticed that he was staggering on his way to fly his plane to Tangiers. There were 125 passengers on board. He was found to have four times the level of alcohol permitted for driving in the Netherlands. He was fined NGL 2500 ($1000).

(Originally posted by John Downes)

Riots Hit Lombok Holiday Resort

Indonesian troops have been instructed to shoot rioters in a bid to halt the religious riots that have plagued the tourist island in mid-January. Gangs of Muslim youths have attacked Christians, their homes and their property and have tried to seize the ferry terminal at Mataram. Some hotels have put up Muslim prayer mats and pro-Muslim signs to attempt to ward off attackers. The Australian Government has airlifted its tourists from the island and other tourist nationals fled to neighbouring Bali. The unrest in Lombok has spresd to other islands and is causing serious damage to the Indonesian Tourism Industry.

(Originally posted by John Downes)

Agreement on Tourism

The Greek Foreign Minister, Yeoryios Papendreou, arrived in Ankara on 20 January 2000 to discuss and sign agreements between the two states on investment, tourism and anti-terrorism measures.

(Originally posted by John Downes)

Killing of French Tourists

The killing of three French children on holiday in North East Namibia early in January has led to a serious fall-off in business for the tourist industry. Safari lodges in Caprivi and Kavago have had to dismiss staff and close.

(Originally posted by John Downes)

European Aid for Tourism

The European Commission has warned the National Assembly of Wales that the principality could suffer a shortfall in overall funding (which includes funding for tourism projects). Although the Berlin Summit in March 1999 allocated €1.85 bn to the South Wales Valleys and West Wales over a 6 year period, this requires the Government to match funds £ per £. Furthermore, because of currency fluctuations the value of the grant has fallen to €1.15bn. The failure of the minority Labour Administration in Wales to match funding is expected to lead to a motion of "no confidence" by the main opposition party, Plaid Cymru (the Welsh Nationalist Party)

(Originally posted by John Downes)

Beatles Sign Rejected

The Department of Environment, Transport and the Regions have rejected the city of Liverpool's request that road signs leading to the city should state "Liverpool - Birthplace of the Beatles" on the grounds that it would distract drivers. The Road Traffic Act permits brown and white road sigs to indicate routes to tourist attractions. The city's tourist office has appealed against the decision to the Secretary of State for Culture, Chris Smith.

(Originally posted by John Downes)

E-Commerce Hearing

The EU Commission held a meeting in Brussels on 4-5 November to address the legal issues involved in e- commerce. Representatives of businesses, consumers' groups and regulatory bodies attended to address issues such as conflicts of jurisdiction, application of Contract Law and consumer protection. A copy of the background paper prepared by the Commission is available at http://europa.eu.int/comm/scic/conferences/991104/991104_info.htm

(Originally posted by John Downes)

Review of the Implementation of the Package Travel Directive

Consumer Affairs Commissioner David Byrne submitted a report to the Consumer Affairs Council on the implementation of the Package Travel Directive. Member States are invited to comment by April 2000.

(Originally posted by John Downes)

Legal Action raised in Egypt Air Flight 990 Case

A legal action has been raised by relatives of a Syrian passenger killed as a result of the Egypt Air Flight 990 crash. The action has been raised in New York. The Syrian victim was working as a chef in New Jersey. The action is based on a claim for $50m wrongful death compensation alleging that Egypt Air were in breach of their responsibility to provide the hoghest level of safety to passengers. The action also accuses Boeing of negligence in design, repair and maintenance of the plane

(Originally posted by John Downes)

IATA's DG Calls for a Balance to the Benefits of Air Liberalization

Pierre Jeanniot (DG of IATA) stated on 16 November 1999 "There is no question that the air transport industry will continue to liberalise. Our main concern is that liberalisation proceeds in a manner which produces the best balance of benefits to consumers, airlines and the public interest". IATA has issued a discussion paper on Air Transport and the General Agreement on Trade in Services (GATS). At present GATS covers repair and maintenance, provision of computer reservation systems and sales and marketing of air services. These may be added to at the next WTO Ministerial Conference in Seattle (USA) on 3 December 1999.

(Originally posted by John Downes)

IATA Presents Eagle Award to Airservices Australia

IATA Director General presented the Eagle Award to Airservices Australia. The award is made annually to airports and air navigation services which provide good value and good services to airlines. Last year's recipients were the Irish Aviation authority for air navigation services and the British Airports Authority for the airport category.

(Originally posted by John Downes)

Lockerbie trial Judges Named

The three judges that will hear the Lockerbie Trial, according to Scots Law, in the Netherlands have been named as Lords Sutherland, Coulsfield and MacLean. Lord Abernethy will also participate and will act as a substitute if necessary. There will be a preliminary hearing of the case at the High Court of Justiciary in Edinburgh before Lord Sutherland on 22 November 1999. Nb. There is a Lockerbie Trial wedsite provided by the University of Glasgow Law School at: http://www.law.gla.ac.ik/Lockerbie/index.htm

(Originally posted by John Downes)

Train Bomb

13 people were killed and nearly 50 injured after a bomb exploded on the Pooja Express which had left Jammu, Kashmir's winter capital, bound for Delhi. the train was carrying Hindu pilgrims who had been visiting the Vaishno Devi Temple near Jammu. Indian police officials were also on board.

(Originally posted John Downes)

Egypt Air Flight 990

The search for the voice cockpit recorder continues. The plane crashed into the Atlantic soon after taking off from JFK Airport in New York on October 31. All 217 passengers and crew were killed. The US National Transportation Safety Board has made a preliminary report on the flight data recorder. the plane had been cruising normally at 9900 metres (33000 feet) when the autopilot disconnected. Although the plane had previously had a fault with the thrust reverser device, there was no evidence that this device had deployed accidentally.

(Originally posted by John Downes)

Transfer of Powers in the UK

The Devolution of power in the UK means that new bodies are now responsible for travel and tourism matters. The UK Parliament has power to make laws governing all matters relating to travel and tourism in England and Wales. It also enacts legislation on the British Tourist Authority, the English and Welsh Tourist Boards, travel documents (passports and visas), regulation of trade associations (e.g.ABTA), consumer protection and employment law for the whole of the UK. The Scottish Parliament has powers in relation to all other travel and tourism law matters, including setting tourism policy in scotland and the functions and powers of the Scottish Tourist Board. No change may be made by the UK Parliament re the functions and powers of the BTA without prior consultation with Scottish Ministers. The Welsh National Assembly (Cynulliad Cenedlaethol Cymru) took over the functions and powers previously excercised by the Secretary Of State for Wales and this included tourism in the Principality. The Assembly has powers to set tourism policy and has a budget to support and encourage tourism development. It does not have legislative powers, however. The Northern Ireland Assembly will have similar legislative powers to the Scottish Parliament and provision is made in the Peace Agreement (Northern Ireland Act 1998) for cross-border cooperation with the Irish Republic on tourism matters. The UK Government has introduced a Bill to establish a Greater London Assembly which will have specific powers and duties on tourism, economic development, transport, planning, emergency services, environment and culture. The directly elected Mayor will have executive powers in these matters and a budget.

(Originally posted by John Downes)

Air Agreement Dispute

The Air Agreement between the Philippines and Taiwan collapsed in July when the Philippines accused Taiwanese carriers of failing to stick to the agreed 3000 passengers per week. Philippines Airlines (PAL) has announced that it is cancelling scheduled flights to and from Taiwan on Friday 1 October unless agreement is reached.

(Originally posted by John Downes)

European Commission blocks Airtours Takeover of First Choice

The EU Commission rejected the proposed takeover because it would leave the three largest tour operators in the UK with 80% share of the package holiday market (Airtours, Thomson and Thomas Cook). These companies are also vertically integrated and the Commission believed that the proposed merger would restrict competition in the UK package holiday market.

(Originally posted by John Downes)

Holy See Prepares for 30 million visitors in 2000

The Vatican has created a new website to provide advice for the estimated 30 million pilgrims expected to visit the Holy See in 2000. The site is available in Italian, French, English, Portuguese, Spanish, German, Latin and Polish. Russian, Chinese and Arabic are expected to be added. It has also issued a new "smart card", a computerised Pilgrim's Card which can be used to purchase transport, food, insurance, phone calls and other services. A microchip on the card can also contain essential information on the health of the bearer.

(Originally posted by John Downes)

Transfer of Powers in the UK

The Devolution of power in the UK means that new bodies are now responsible for travel and tourism matters. The UK Parliament has power to make laws governing all matters relating to travel and tourism in England and Wales. It also enacts legislation on the British Tourist Authority, the English and Welsh Tourist Boards, travel documents (passports and visas), regulation of trade associations (e.g.ABTA), consumer protection and employment law for the whole of the UK. The Scottish Parliament has powers in relation to all other travel and tourism law matters, including setting tourism policy in scotland and the functions and powers of the Scottish Tourist Board. No change may be made by the UK Parliament re the functions and powers of the BTA without prior consultation with Scottish Ministers. The Welsh National Assembly (Cynulliad Cenedlaethol Cymru) took over the functions and powers previously excercised by the Secretary Of State for Wales and this included tourism in the Principality. The Assembly has powers to set tourism policy and has a budget to support and encourage tourism development. It does not have legislative powers, however. The Northern Ireland Assembly will have similar legislative powers to the Scottish Parliament and provision is made in the Peace Agreement (Northern Ireland Act 1998) for cross-border cooperation with the Irish Republic on tourism matters. The UK Government has introduced a Bill to establish a Greater London Assembly which will have specific powers and duties on tourism, economic development, transport, planning, emergency services, environment and culture. The directly elected Mayor will have executive powers in these matters and a budget.

(Originally posted by John Downes)

Diana Ross Arrested at Heathrow Airport During Security Check

The legendary singer, Diana Ross was arrested at Heathrow Airport and detained for 5 hours after an alleged assault on a female security officer. The officer claimed that Miss Ross assaulted her after she had carried out a routine security check at the airport. Miss Ross objected to the intrusive nature of the search and said that she retaliated at what she regarded was degrading treatment. She questined why she could not have been searched using a hand held detector. The airport authority said that security officers are required by law to conduct a hand search in those circumstances.

(Originally posted by John Downes)

New Transport Regulations Following Death of Tourists in Bus Crash

The South African Transport Ministry has announced new measures to combat the country's high road deaths rate. 26 British tourists were killed on Monday 27 September 1999 when the tour bus on which they were travelling left the road and tumbled down a mountainside. Another 9 people travelling on the bus were badly injured. Most of those killed were retired people. The coach had a "black box" similar to those used on aircraft to record the sequence of events leading up to the crash. The Department of Transport has set up a Commission of Inquiry which is expected to report within 60 days. A total of 59 people have been killed in bus crashes in South Africa in the last 7 days. The measures proposed include: - vehicle fitness testing - lower speed limits for buses - regulations governing maximum driver's hours - mandatory advance courses for long distance drivers.

(Originally posted by John Downes)

Gerona Action Group formed after Crash

235 Welsh passengers walked free when their holiday aircraft from Cardiff broke into three pieces as it lurched off the runway at Gerona Airport on Tuesday 14 September 1999. One 83 year old passenger died three days later at his hotel. The Gerona Action Group has been established by a firm of lawyers in response to a request by 30 of the passengers. The aim of the group is to ask questions about the safety of holiday airports. Passengers claimed that it took emergency services one hour to come to their assistance. The Spanish authorities deny that it took so long but point to the poor visibility at the time which meant that it took them 10 minutes before they realised that the jet had left the runway and even longer to locate the plane.

(Originally posted by John Downes)

New Hotel Ratings System

The English Tourism Council, the RACT and AA have collaborated to produce a new rating system for hotels in England. There is no statutory system currently in operation in the UK but the new system is expected to replace the plethora of grades and symbols that currently exist and cause confusion for tourists. The new system is based on star ratings 1-5 depending on level of service, range of facilities and level of guest care. Scotland and Wales are also expected to devise their own systems.

(Originally posted by John Downes)

Arbitration

In August, the Turkish government approved new arbitration regulations which amend existing regulations and which provide for international arbitration to take place for the first time. The new regulations are expected to come into force in October.

(Originally posted by John Downes)

Growth in Tourism

Tourism continued to boom in 1998. Receipts from tourism in the EU grew by 6.5% to 155.6 bn (£101.9 bn / $163.04 bn) in 1998. France and Spain remain the most popular destinations in the EU but Greece had the biggest increse in travel (37.2%) and expenditure (33.4%).

(Originally posted by John Downes)

Abolition of Duty Free

EU Commissioner Mario Monti welcomed the abolition of duty-free sales as excellent news for EU taxpayers. This ends the massive subsidies of Euro 2 bn (£1.3 bn / $2.08 bn) which were paid to air and sea travel in the EU. [IP/99/432)

(Originally posted by John Downes)

New Commissioners

The new Commission President, Romano Prodi, announced his nominations for the new Commission in July. These include: Loyola de Palacio (Spain) - Transport and Energy; David Byrne (Ireland) - Health and Consumer Protection; Mario Monti (Italy) - Competition; and Antonio Vitorino (Portugal) - Justice and Home Affairs.

(Originally posted by John Downes)

E-Commerce

Amendments have been made to a proposed EU Directive on E-Commerce which aims to establish a coherent legal framework for e-commerce within the single market. The amendments clarify some of the definitions used and clarifies the link between this Directive and existing Directives on Data Protection. It also clarifies when an e-commerce transaction is legally concluded. The full text can be downloaded from http://europa.eu.int/comm/dg15/en/media/eleccomm/eleccomm.htm. [IP/99/652]

(Originally posted by John Downes)

Clampdown on Sex Tourism

The Japanese parliament has approved a new law to prohibit the sexual exploitation of children. It prohibits commercial sexual relations with persons under 18 years of age and prevents Japanese tour operators from organising sex tours abroad. The unanimous vote of the parliament on 18 May addresses the criticism which has been made that Japan was 'soft' on child pornography and sex tourism. The new law means that Japanese law is now in conformity to the UN Convention on the Rights of the Child.

(Originally posted by John Downes)

Offer of Compensation

Swissair and Boeing have offered compensation to relatives of the 229 people who died after their flight was lost off the coast of Nova Scotia (Canada) in September 1998. The offer was made in a pre-trial meeting in a Philadelphia federal court. As part of the deal, the relatives would have to waive their "16bn (£10bn) claim for punitive damages. The companies have stressed that this does not amount to an admission of guilt. The case is due for its next hearing on 13 September.

(Originally posted by John Downes)

Compensation for Bombing of Plane

Libya provided FF 200m ($31m/£50m) to compensate families of those killed in the bombing of a UTA DC-10 over Niger on a flight from Brazzaville (Congo) to Paris on 19 September 1989. 170 people were killed. A Paris court sentence 6 Libyans in absentia in March for placing the bomb on the plane. The French Foreign Ministry said that the sum was "an acknowledgement by the Libyan authorities of the responsibility of their citizens in accordance with the rulings of French justice".

(Originally posted by John Downes)

Sex Tourism Charge

Philip Williams from Edinburgh has been charged with having sex or perfomring sexual acts with under age children whilst working as a school teacher in Cambodia. The case has been raised under a law introduced in 1992 which enables the Scots courts to hear cases of child sex abuse committed whilst the accused was abroad.

(Originally posted by John Downes)

Lockerbie: Update

The trial of the two men accused of the Lockerbie bombing is now scheduled to take place on 4 February 2000. Permission has been given to extend the 110 day rule whereby the accused must be brought before a Scottish court within 110 days of being charged. The extension was agreed because of the complexities of the case. The case will take place at Camp Zeist in the Netherlands which, for the purpose, will become Scottish territory and the case will be tried according to Scots law. The accused attempted to have the Sunday Times held in contempt of court, arguing that an article in the paper would jeopardise a fair hearing of their case. However, this was rejected by the High Court in Edinburgh on the grounds that, since the case would be before three judges rather than a jury, the accused would suffer no prejudice.

(Originally posted by John Downes)

Conviction for Sex Tourism

John Arthur Lee has become the first person to be sentence in Australia for sexual abuse of children abroad. His conviction was secured under a law passed in 1994 which enabled authorities to prosecute for sex abuse crimes committed abroad. Lee was sentenced to 14 years imprisonment on one count of sexual intercourse and four counts of indecent relations with under age girls. There were no witnesses or testimony from the victims. The court relied entirely on a series of pornographic photographs and undeveloped film which Lee had taken whilst in Cambodia. Although his face did not appear in the photogrphs he was identified from them by forensic experts.

(Originally posted by John Downes)

Warsaw Convention

On 22 April 1999 Mr Justice Howitt in the English High Court ruled that the EC Regulation on Passenger Liability is in conflict with the Warsaw Convention obligations of the UK and thus concluded that the Regulation was "in suspense". The Regulation imposed stricter obligations on air carriers than those provided under the Warsaw system.

(Originally posted by John Downes)

Package Travel Directive

The Package Travel (Amendment) Regulations 1998 were introduced to deal with the anomaly in the UK's implementation fo the Package Travel Directive. Article 4 of the Directive requires the organiser to provide the consumer, before the contract is made, with, inter alia, general information on passports and visa requirements applicable to nationals of Member States. Article 3 also requires such information to be contained in any brochures. The UK Regulations only required information for British citizens. The amendment extends the provision to cover all European Ecomonic Area citizens, i.e. EU citizens and citizens of Norway, Iceland and Liechtenstein.

(Originally posted by John Downes)

Competition

British Airways has been fined Euro 6.8m (£4.45m / $7.12m) by the EU for breach of EU competition rules. British Airways offered extra commission to travel agents who promoted its tickets over those of its rivals. This created an illegal barrier to airlines wishing to compete with BA's dominant position.

(Originally posted by John Downes)

Carriage of Passengers and their Luggage by Sea (UK Carriers) Order 1998

This Order increses the limit of liability of UK sea carriers to 300 units of account per passenger.

(Originally posted by John Downes)

Travel Agents Provide Poor Advice

A report by the Consumers' Association, following tests of 240 travel agents throughout the UK, found that more than 2/3 failed to find the chapest fare available for a flight between London and Paris. They also failed to give advice on safety in Jamaica despite the information being available from the Foreign Office. The Consumers' Association say that the report highlights the poor level of advice on offer from travel agents. Despite this, ABTA point out that a MORI poll concluded in 1998 that 92% of holidaymakers rated the travel agnecy they most recently used as either 'very good' or 'fairly good'.

(Originally posted by John Downes)

European Airlines Improve Financial Performance

A Commission report (The European airline industry: from single market to worldwide challenges) issued on 21 May states that European airlines have improved their financial performance in response to market liberalisation. It also states that fares have been brought down by 10-24% as a result of competition. The Commission says that further streamlining of the regularory regime is necessary however, with bilateral agreements between Member States and non-EU countries hampering further restructuring.

(Originally posted by Jason Campbell)

Potential Growth in EU Tourism Employment

A Commission Communication of 28 April reports that 2.2m-3.3m extra jobs could be created in the EU by 2010, if a positive climate for investment is encouraged. The Commission proposes a three stranded strategy - better use of information, easier information facilities, and structured consultation with relevant bodies. 9m jobs in the EU are in the tourism industry, in 2m businesses. It generates 5.5% of overall GDP, 6% of employment and 30% of external trade in services. [IP/99/267]

(Originally posted by Jason Campbell)

Aircraft Noise and the Council of the EU

Europe's proposal to ban planes fitted with 'hush kits' from flying in the EU after April 2002 has been postponed until the end of April in order to allow negotiation between the Commission and the US, after the US threatened to ban Concorde in retaliation.

(Originally posted by Jason Campbell)

English High Court Clears Payment for Airport Slots

The High Court in London ruled on Thursday, 25 March, that EU Regulations do not prevent money being paid as part of an exchange of takeoff and landing slots between airlines. BA had exchanged slots with KLM, paying compensation to the Dutch airline in recognition of the greater value of its slots. The judgment does not however go so far as to permit airlines to sell their slots outright - a pair of takeoff and landing slots at Heathrow being estimated as being worth up to £3m ($5m)

(Originally posted by Jason Campbell)