Friday, April 11, 2008

European Court of Justice: Tennis racquet to overthrow implementing Regulation on Aviation Security

On 25 September 2005, Gottfried Heinrich was stopped at the security control of Vienna-Schwechat Airport as his cabin baggage contained tennis racquets, allegedly prohibited items. Nevertheless, he did board the plane with the tennis racquets in his baggage. Security staff subsequently ordered him to leave the aircraft. Heinrich brought proceedings before the Unabhängiger Verwaltungssenat im Land Niederösterreich (Independent Administrative Chamber for the Land of Lower Austria). The Austrian Court has referred questions to the Court of Justice of the EC asking whether regulations or parts thereof can have legally binding force if they have not been published in the Official Journal.
In her Opinion delivered 10. April 2008, Advocate General Eleanor Sharpston opines that the publication of the 2003 implementing regulation without its Annex is a defective and inadequate publication that does not satisfy the requirements of Article 254 EC. As to the consequences of that defective and inadequate publication, Advocate General Sharpston considers that this constitutes a violation of an essential procedural requirement, resulting, at the very least, in invalidity. However, the Advocate General suggests that the Court should go further than declaring the regulation invalid and declare it to be non-existent.

Case C-345/06 - Gottfried Heinrich / Source: ECJ press release 27/08.

"Blacklist of banned airlines: the European Commission adopts new measures"

As just stated by the EU Press Room, "Two years after the establishment of the first Community list of airlines subject to an operating ban in the European Union, the European Commission today adopted the seventh update of the 'blacklist'. The Commission is imposing a ban on all operations of an additional Ukrainian airline (Ukraine Cargo Airways) as well as on all operations of the Congolese carrier Hewa Bora Airways. At the same time, the Commission is closely monitoring the progress of corrective actions by carriers such as Mahan Air from Iran, TAAG Angola Airlines and all Indonesian carriers, all of which at this stage, remain on the list. Jacques Barrot, Commission Vice-President in charge of transport said that 'The conclusion is clear: those States or airlines which fail to act decisively to resolve their safety deficiencies will be placed on the list. But our objective is not only to identify safety issues, but to resolve them. The Commission will continue tirelessly in its dialogue with States, their civil aviation authorities and their airlines to ensure that they attain acceptable levels of air safety on a sustainable basis.' The new list replaces the previous one and can already be consulted on the Commission’s website (http://ec.europa.eu/transport/air-ban/)."

This Press Release is available in full text.

Thursday, April 10, 2008

USA: American Airlines interfered with tips, court says

American Airlines interfered with the tipping process by imposing a fee on curbside baggage, a federal jury in Boston ruled. The airline imposed a $2 bag-check fee at the curbside two years ago, which skycaps, who are paid below minimum wage, were required to charge, USA Today reported.
When they did, travelers assumed the fee was an imposed tip or part of one, the skycaps' attorney, Shannon Liss-Riordan argued. American Airlines spokesman Tim Smith said the company was "disappointed by the verdict and the amount awarded," which was $325,000.

Source: United Press International; find full article here>>

Monday, April 07, 2008

"Commission paves the way for in-flight mobile phone use across Europe"

As just stated by the EU Press Room, "The European Commission today introduced rules to harmonise conditions for the take-off of pan-European mobile communication services on aircraft. These services will allow businesspeople and consumers to receive and make calls and messages safely with their own mobile phones while flying all over Europe. This means that the 90% of European air passengers that already carry mobile phones on-board aircraft can remain contactable during flights."

This Press Release is available in full text.

Tuesday, April 01, 2008

Carnival Brands agree to refunds

Six Carnival brands to refund retroactive fuel fee31/3/2008Carnival Corp. has reached a voluntary agreement with Florida’s Attorney General to refund retroactively applied fuel supplements for six brands: Carnival Cruise Lines, Holland America Line, Princess, Costa, Cunard and Seabourn.
The refund applies to bookings that were made prior to Nov. 7, when the supplement was announced. The supplement remains in effect for bookings made on or after Nov. 7.
The amount of funds to be returned totals approximately $40m. Carnival said today’s announcement will have no impact on first quarter financial results or its March 20 guidance for the second quarter or the full year since the company had not recognized the revenues made prior to Nov. 7 pending the Attorney General’s review.
For cruises departing on or prior to April 4, passengers due a refund will receive it in the same form they used to purchase their cruise. For sailings departing from April 5 through June 23, passengers will receive an on-board credit. Customers sailing on or after June 24 will have their booking adjusted to remove the supplement.
Carnival noted that travel agents whose clients had existing reservations on Nov. 7 were offered $10 per booking in administrative compensation for notifying those clients. Agents will still receive the $10 per booking.
The Florida Attorney General said more than 1.1m bookings were affected. A similar settlement was reached last month with Royal Caribbean International and Celebrity Cruises, resulting in $21m in consumer reimbursement. Go to

UNTWO: Action Plan to Empower Women through Tourism

The positive contribution of tourism to women empowerment can only be determined if poverty reduction and the enhancement of women’s dignity and role in the work place are addressed. These are among the issues in UNWTO’s Action Plan to Empower Women through Tourism, unveiled during ITB Berlin 2008 in early March. The Organization is committed to play a leading role in economic empowerment of women in the tourism sector.

The Action Plan has to be regarded as part of UNWTO’s “triple commitment” objectives, in the framework of the Global Code of Ethics for Tourism and in support of the UN Millennium Development Goals:
• tourism should benefit the poor;
• protection of our environment and
• empowerment of women.

Find full press release here>>.

Monday, March 31, 2008

"Cuba lifts ban on citizens staying in tourist hotels"

According to the International Herald Tribune, "New President Raul Castro's government has lifted a ban on Cubans staying at hotels previously reserved for foreigners, ending another restriction that had been especially irksome to ordinary citizens.
'They have informed us that with a national ID card, anyone can stay here,' an employee at the Ambos Mundos Hotel in Old Havana. She insisted on anonymity because she is not authorized to speak to foreign reporters, but said non-guests who are Cuban nationals will also be allowed to pay to enjoy other hotel services, including gyms." Read more>>

Friday, March 28, 2008

"Enlargement of the Schengen area to be completed: border controls to be lifted at airports on 30 March"

As stated today by the EU Press Room, "On 21 December 2007, Estonia, the Czech Republic, Lithuania, Hungary, Latvia, Malta, Poland, Slovakia and Slovenia became part of the Schengen area. On Sunday 30 March 2008 at 0:00, the enlargement process will be completed by lifting air border controls between these countries and with the 15 states that were already part of the Schengen system.
Vice-President of the European Commission, Jacques Barrot declared: 'The dismantling of air border controls is the final step toward completion of a unique and historical achievement: 24 countries of the EU have no internal borders. The Commission pays tribute to those Member States that have put in place state of the art security systems and special 'Schengen terminals' at their airports. The enlargement of the Schengen area demonstrates the EU's commitment to facilitating legitimate travelling within and into the EU whilst at the same time improving the security of Europe's external borders'."

This Press Release is available in full text.

Thursday, March 27, 2008

USA/European Union: no benefits from open skies agreement?

The open skies agreement between the US and the European Union goes into effect this weekend. But more choices and cheaper fares for travelers may be a little ways off, analysts say.
The agreement between the United States and the European Union is to take effect on Sunday, March 31, and will end most restrictions on US and EU airlines' ability to fly between the two continents. Different air carriers will be allowed to depart or land at various locations on both continents.
The concept of the open market dictating flight routes between the Europe and the US originally held the promise of cheaper airfares and more choices for travelers, but analysts say the turmoil in the US economy and the airline industry may prevent immediate benefits.

Soruce: eTurboNews; more information here>>

USA: More extensive tourist fingerprinting at U.S. airports

Fourteen small white boxes with green glowing screens were installed this week at customs booths around John F. Kennedy International Airport here.
Now, in addition to handing over a passport to Customs and Border Protection agents, every noncitizen visitor has to place all four fingers and thumb from each hand on the glowing screen. Within seconds, CBP has their 10 digital fingerprints on file.
This expanded effort to collect fingerprints of noncitizen visitors is part of a national test of improved biometrics technology that the Department of Homeland Security hopes will make it harder for people with forged documents or criminal pasts to enter the United States. Eventually, they hope to use this technology to ensure that foreign visitors who come leave when their visas have expired.

Source: eTurboNews; find full article here>>

Wednesday, March 26, 2008

UK: Easyjet to challenge increase in airline charges at London Airports

Easyjet, will mount a legal challenge over the stiff price increases imposed at Heathrow and Gatwick. A judicial review of the Civil Aviation Authority (CAA) decision could threaten the planned refinancing of BAA, the company that owns and operates the London hubs.
Easyjet has retained London law firm Lane & Partners as its adviser and informed the CAA and BAA nine days ago of its intention to seek a judicial review. It is expected to formalise a claim to the High Court within a month. If the court accepts it has a case, arguments could take another six months, with a decision possible by the end of the year, legal sources said.
Ryanair said yesterday that it would join the action, and BMI British Midland is also expected to participate. Sir Richard Branson’s Virgin Atlantic is as yet undecided. British Airways is unlikely to take part.

Source: timesonline; read full article here>>.

USA: Air Transport Association successfully challenged New York state law on passenger rights

The Air Transport Association has successfully challenged a New York state law that set minimum standards for treatment of airline passengers. The U.S. Second Circuit Court of Appeals ruled Tuesday that a federal law, the Airline Deregulation Act of 1978, preempts the ability of states to govern such matters:
"We hold that requiring airlines to provide food, water, electricity, and restrooms to passengers during lengthy ground delays does relate to the service of an air carrier and therefore falls within the express terms of the ADA's preemption provision. (...) If New York's view regarding the scope of its regulatory authority carried the day, another state could be free to enact a law prohibiting the service of soda on flights departing from its airports, while another could require allergen-free food options on its outbound flights, unraveling the centralized federal framework for air travel. On this point, the decisions of the Fifth and Ninth Circuits finding preemption of state common law claims for failure to warn of the risk of deep vein thrombosis are instructive. "

Case Air Transport Ass’n of America v. Cuomo; find full text of decision here>> and ATA statement here>>.

Monday, March 24, 2008

Cruise line fuel surcharges

Carnival: Full steam ahead for fuel surcharge
Jason Garcia Sentinel Staff Writer
March 21, 2008

Carnival Corp., the world's largest cruise operator, defended a controversial fuel surcharge Thursday, a week after rival Royal Caribbean Cruises Ltd. struck a deal with state officials to scale back its own fuel charge.In a conference call with analysts, Carnival Chief Financial Officer David Bernstein suggested that Royal Caribbean's deal with the state - in which Royal Caribbean agreed to refund $21 million worth of fees - should have no bearing on the fate of Carnival's fuel charge. "We believe that the facts and circumstances surrounding our existing bookings are different than Royal Caribbean's," Bernstein said.
The controversy erupted in November, when Carnival announced it would begin levying a $5-a-day charge - up to $70 a passenger or $140 a stateroom - to cover skyrocketing fuel bills. The charge applied to any cruises sailing as of Feb. 1 - and even customers who had already booked their trips had to pay. Almost every other major cruise line, including Royal Caribbean, quickly followed suit with similar charges. Carnival and Royal Caribbean are both based in Miami.
The decision to retroactively charge customers helped prompt Florida Attorney General Bill McCollum, a former Republican congressman from Longwood, to launch an investigation into whether the surcharges violated a 1997 agreement the cruise lines struck with the state requiring them to properly disclose charges within their advertised fares. Last week, McCollum's office announced a settlement in which Royal Caribbean and its subsidiary, Celebrity Cruises Inc., agreed to refund surcharges to any customer who had already booked their trips when the charge was announced. State officials said the decision affected an estimated 300,000 bookings and totaled $21 million in refunds. But Carnival's Bernstein said Thursday that Carnival had given passengers better warning about a potential surcharge than Royal Caribbean had. He said advertising brochures informed prospective customers of "the possibility that a fuel supplement could be assessed in addition to the advertised price, and that such a supplement would apply to all booked guests." The Attorney General's Office has said it does not think Carnival's brochures adequately disclosed the threat of such a charge.
Carnival, which operates Carnival Cruise Lines, Holland America Line and Princess Cruises, among other brands, stands to lose $40 million if it is forced to wipe out the fuel surcharge on passengers who had already booked their trips when it was announced, Bernstein said. Carnival executives defended the surcharge on the same day they reported that first-quarter profit fell nearly 17 percent -- largely due to stratospheric fuel costs. The company said it earned $236 million, or 30 cents a share, during the three months that ended Feb. 29, down from $283 million, or 35 cents a share, during the same period last year. The results narrowly beat most analysts' estimates. Revenue rose 17 percent to $3.15 billion. Although executives reported strengthening prices for trips in the Caribbean, to which cruises from Port Canaveral typically sail, they also said onboard spending by passengers fell. As an example, Chairman and Chief Executive Officer Micky Arison said sales at onboard art auctions have been hit by the nation's stalled housing market. "If people aren't buying homes and decorating homes, they're likely to buy less art," he said. Vice Chairman and Chief Operating Officer Howard Frank likened the nation's economic climate to a "perfect storm" of falling home prices, credit turmoil, soaring fuel costs and a sinking U.S. dollar, among other factors. "It seems clear now that the slowing economy is having some impact on our bookings," he said.
Jason Garcia can be reached at jrgarcia@orlandosentinel.com or 407-420-5414.
More articles

Friday, March 21, 2008

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

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

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

UK: Virgin rapped over seat adverts

An advert that promoted larger seats on Virgin Atlantic aircraft has been rapped following complaints to the Advertising Standards Authority (ASA). The adverts appeared in magazines and newspapers promoting Virgin’s Premium Economy class. They boasted an improved product with increased legroom and a separate cabin.
Beneath a headline "Up to 45% off Premium Economy" and a picture of a Premium Economy seat was the slogan: "Bigger seats. More legroom. Separate cabin." The ads also carried a footnote explaining that the seats shown were available on 58 per cent of Virgin's Heathrow flights, and were due to be rolled out across the fleet.
Following three complaints from Virgin passengers, the ASA investigated and finally ruled that the ads were misleading as few readers would read the footnote.

Source: timesonline; find full article here>>.

Austria: Vienna convention tourism sets a record

Vienna convention tourism set a new record in 2007. The number of conventions and similar events increased by 19 per cent to 2,764 last year. Overnights linked to them rose by 23 per cent to 1,419,044, and value added to the city economy went up by 30 per cent to 760 million Euros.
Overnights by convention attendees constituted 14.7 per cent of all overnights in the city last year, and city officials hope that the percentage will rise to 15 per cent by 2010.
The largest convention last year was that of the cardiologists in September, which attracted 33,000 visitors to the city.

Source: wienerzeitung.at; read full article here>>.

Thursday, March 20, 2008

European Court of Justice: Aer Lingus's request for interim measures to prevent Ryanair from exercising its voting rights rejected

In 2006, following the privatisation of Aer Lingus by the Irish government, Ryanair acquired a 19.16% stake in that company. On 23 October 2006 Ryanair launched a public bid for the entire share capital of Aer Lingus and, one week later, notified the Commission of the proposed acquisition in accordance with the Community Merger Regulation1. During the bid period Ryanair acquired further shares and by 26 November 2006 held 25.17% of the share capital.
On 27 June 2007 the Commission adopted a decision declaring the acquisition to be incompatible with the common market. Ryanair brought an action against that decision before the CFI (Case T-342/07). Following this decision Ryanair acquired further shares, bringing its total shareholding to 29.4%.
Both during the procedure that led to the Prohibition Decision, and subsequent to that decision, Aer Lingus asked the Commission to order Ryanair to divest itself of its shareholding in Aer Lingus. This request was refused by the Commission in a decision of 11 October 2007, stating that it was not within its power under the Merger Regulation to order such a divestiture where the intended acquisition had not been implemented and where Ryanair had only a minority shareholding which did not permit it to exercise de jure or de facto control over Aer Lingus.
On 19 November 2007 Aer Lingus lodged an action for annulment against that decision before the Court of First Instance. Simultaneously, Aer Lingus filed a request for interim measures, requesting, in essence, that Ryanair be ordered to refrain from exercising its voting rights in Aer Lingus pending the outcome of the case.
As neither the condition of a prima facie case, nor the condition of urgency has been satisfied, the President of the Court of First Instance has dismissed the request by order of 18. March 2008.

Source: ECJ press release in Case T-411/07 R; find full text here>>.

Friday, March 14, 2008

European Court of Justice: Advocate General Kokott supports liability of heavy fuel oil producer for disposing of oil waste

In 1999 the tanker Erika shipwrecked off the Brittany coast . The heavy fuel oil spilled in the accident polluted amongst other things beaches in the Commune of Mesquer, which is now claiming damages from undertakings in the Total Group.
In preliminray proceedings regarding interpretation of Council Directive 75/442/EEC of 15 July 1975 on waste (‘Waste Framework Directive’) lodged by French Cour de Cassation (Case C-188/07, Mesquer v Total), Advocate General Kokott yesterday published her opinion arrving at the following conclusion:
"The producer of heavy fuel oil and/or the seller and carrier may be ordered under Article 15 of Directive 75/442 to bear the cost of disposing of oil waste following a shipping accident if they can be accused of contributing personally to causing the leak of the heavy fuel oil. However, it is also compatible with that provision to limit the liability of the producer of heavy fuel oil and/or the seller and carrier in accordance with the International Convention of 29 November 1969 on Civil Liability for Oil Pollution Damage, as amended by the Protocol of 1992, and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, as amended by the Protocol of 1992."

Full text of the opinion available here>>.

Thursday, March 13, 2008

UK: Airlines criticize the Civil Aviation Authority’s decision to allow BAA to increase landing charges

Britain's largest airlines called yesterday for the dismantling of the airports operator BAA and the Civil Aviation Authority, which regulates the country's skies.
In an unusual show of unity, the heads of bmi, easyJet, Ryanair and Virgin Atlantic publicly criticised the CAA and its decision to allow BAA to put up landing charges at Heathrow and Gatwick airports. British Airways also called for an overhaul of the regulatory system.
The carriers said that the CAA's price settlement would result in Heathrow and Gatwick landing charges increasing by 86 per cent and 49 per cent respectively over the next five years. The airline bosses want BAA, which controls all the main London airports, broken up and even individual terminals sold to new owners.
They also want a moratorium on the landing charge increases while they take their case to Ruth Kelly, the Transport Secretary. The airline heads are understood to have arranged a meeting with Mrs Kelly within the next two weeks. BAA has monopoly control of London's three most important airports - Heathrow, Gatwick and Stansted - and the CAA regulates how much passengers can be charged to use these facilities.

Source: timesonline; read more>>.

USA: Airlines to charge extra fees for baggage

Forcing customers to pay for service previously included with ticket purchases, UAL Corp.'s United Airlines and US Airways Group Inc. will begin charging $50 round-trip for checking a second piece of luggage on May 5, and Southwest Airlines Co. has already implemented a similar fee for checking a third bag. Other airlines may follow, eager to collect hundreds of millions of dollars without raising ticket prices.
Airlines are under severe financial pressure from high fuel prices, and their finances may worsen if recession curbs some travel. Carriers have been scrambling for ways to "up-sell" fliers, including selling first-class upgrades, fancy alcoholic drinks and day passes to airport clubs.
But they've also been stripping out previously free services and charging customers for anything more than basic transportation - everything from use of skycaps and telephone reservationists to on-board meals and, at a few carriers, assigned seats and exit-row or bulkhead legroom.
Baggage fees may be different, however. The stiff penalties can add hundreds of dollars to a family vacation, especially if travelers show up at the airport with bags heavier than 50 pounds or larger than the size limit airlines use -- 62 linear inches, the combined measurements of height, length and width.

Source: online.wsj.com; find full article here>>.

Florida: Cruise lines must refund fuel fees

Florida Attorney General Bill McCollum announced a settlement with Miami-based Royal Caribbean Cruises Ltd. and its subsidiary Celebrity Cruises Inc., in which the cruise lines will refund $21 million worth of fuel surcharges that the companies levied even after travelers booked their vacations.
Royal Caribbean and Celebrity customers who were retroactively charged the fuel fee - which added as much as $70 a person to the cost of a cruise - and have already sailed will get full refunds, the Attorney General's Office said. Customers who were retroactively charged but have not yet sailed will get their refunds as on-board spending credits, the office said. The companies must also ensure that future surcharges are disclosed to customers in "clear and conspicuous" terms.
The settlements will affect an estimated 300,000 bookings.

Source: orlandosentinel.com; read full article here>>.

Kerala to Welcome Global Experts at International Responsible Tourism Conference

Around 400 delegates and international speakers will get together in Kochi from March 21 to March 24 at the Le Meridien International Convention Centre to learn about the latest developments and practices in Responsible Tourism.
Speakers from over 20 countries including the UK, Germany, Gambia, South Africa, Malaysia, Sri Lanka and Bhutan will discuss wide-ranging topics like local economic development and poverty reduction, taking responsibility for destination sustainability, travel philanthropy and the role of government – national and local.

Source: eTurboNews; find full article here>>.

Wednesday, March 12, 2008

"Commission recommends negotiations for an agreement with the United States of America on certain conditions for access to the US Visa Waiver Program"

As stated today by the EU Press Room, "Today the Commission recommended to the Council to open negotiations on an agreement between the European Community and the United States of America regarding certain conditions for access to the United States' Visa Waiver Program (VWP).
When adopting the Commission's proposal Vice-President Franco Frattini, Commissioner responsible for Justice, Freedom and Security, said: 'It is our objective to ensure that all EU citizens can travel visa-free to the U.S. We should make sure that Europe shows political and legal solidarity. The recommendation provides for this. It caters for proper EC negotiations with the U.S. on matters arising from our common visa policy.' He added 'I trust this recommendation becomes a further stepping stone in the joint EU-US efforts to find the smartest ways to promote international travel, mobility and exchanges whilst simultaneously providing security for their citizens.'."

This Press Release is available in full text.

Islamic countries in Asia Pacific to form travel association

Islamic countries from the Asia Pacific region have agreed to form an Asia Pacific Islamic Travel and Tours Federation to “safeguard" the interests of Muslim tourists and travel agents.
Representatives from the four founding member countries - Malaysia, Indonesia, Brunei together with ASEAN neighbor Singapore - have agreed to its formation at the recent Bumitra Islamic Tourism Forum 2008 in Kuala Lumpur.

Source: eTurboNews; find full article here.

Tuesday, March 11, 2008

"Making non-issue an issue A demand that has raised most eyebrows [...]"

Today, the The New Nation published an article by Mohammad Shahidul Islam stating that "Bangladesh has very diverse and distinctive flora and fauna, which include a mixture of species at the Sundarban and Chittagong Hill Tracts. Many of them are unique to Bangladesh and largely unknown to the rest of the world. In fact, numerous globally threatened and endangered species inhabit Bangladesh. Combination of diverse landscapes, unspoiled habitat, and some rare wild plant and animal species have become a subject of growing international attention and conservation efforts. Tourism is always proud of having inherited all resources of environment. Besides all measures, tourism law may effectively come forward to contribute to over all conservation of environment. Deforestation and poaching of birds and animals are a threat to the development of tourism.
This is the right time to initiate a long-term plan to develop Bangladesh as an internationally competitive tourist destination supported by mid-term plan to enhance tourism in the region and short-term plan to develop new tourism destinations, products and attractions. And this is time to adopt measures for tourism development through enacting strict tourism law." Read more>>

Austria: Restaurant Guest Smacked by Waiter - Claim against Owner Dismissed

In a recently published judgement of 29.11.2007 (1 Ob 127/07v) Austrian Supreme Court (OGH) upheld dismissal of a law suit against a restaurant owner lodged by a guest who had received fistcuffs and boot kicks from a waiter after he had left the place without paying because he wouldn't acknowledge the bill.
OGH confirmed lower instances' view that the injury was only caused on occasion of the contract but not in execution of same. When smacking the guest in front of the restaurant the waiter therefore had not acted as an auxilary person of the restaurant owner .
Anyway, the guest was awarded a compensation of EUR 34.268,06 to be payed by the waiter.

Full text of the decision available in German here.

Monday, March 10, 2008

"Uganda’s tourism sector sniffs more business after passing of Bill"

As reported by Phillip Nabyama, at the East African Business Week, "Following Uganda’s successful hosting of the Commonwealth Heads of State (CHOGM) in which the country made substantial strides in tourism publicity and development, the country’s Parliament has passed the much-anticipated Tourism Bill 2007.
The Bill which has been in Parliament since 2005, has been sidelined by political issues but also delayed by 'certain bureaucrats opposed to vesting more functions in the Uganda Tourist Board (UTB) (now known as Tourism Uganda (TU)) and changing the board structure to allow the private sector a qualified majority,' according to an industry source." Read more>>

Friday, March 07, 2008

European Court of Justice: Advocate General Sharpston Denies General applicability of Reg. 261/2004 to Return Flight Passengers

In her opinion regarding case C-173/07 (Emirates Airlines v Schenkel) published 6. March 2008 Advocate General Sharpston came to the following conclusion:
Passengers on a return flight from a third country to a Member State are not ‘passengers departing from an airport located in the territory of a Member State’ within the meaning of Article 3(1)(a) of Regulation No 261/2004, and are hence not within the personal scope of that regulation if the operating air carrier of the flight concerned is not a Community carrier, even if the outward and return flights were booked at the same time.

Her reasoning is mainly based on interpretation of the wording of the regulation and historical considerations in regard to the legislation process.
The full text of the opinion can be found here.

PS: first information to IFTTA provided by Stephan Keiler.

Thursday, March 06, 2008

"Towards visa-free travel"

As stated today by the EU Press Room, "The Commission is launching a dialogue with each of the Western Balkan countries on visa liberalisation. It will soon propose road-maps outlining conditions to be met before the visa obligation can be lifted."

This Press Release is available in full text.


Wednesday, March 05, 2008

Austria / European Union: another reference for preliminary ruling in regard to Regulation 261/2004

On 11.12.2007 Commercial Court Vienna (Handelsgericht Wien) has lodged another reference for preliminary ruling to European Court of Justice in regard to interpretaion of the term "extraordinary circumstances" in Art. 5 par. 3 of regulation 261/2004.

These are the questions referred:
Are there extraordinary circumstances within the meaning of Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/911, having regard to the 14th recital in the preamble to the regulation, if a technical defect in the aeroplane, in particular damage to the engine, results in the cancellation of the flight, and must the grounds of excuse under Article 5(3) of the regulation be interpreted in accordance with the provisions of Article 19 of the Montreal Convention?
If the answer to the first question is in the affirmative, are there extraordinary circumstances within the meaning of Article 5(3) of Regulation No 261/2004 where air carriers cite technical defects as a reason for flight cancellations with above average frequency, solely on the basis of their frequency?
If the answer to the first question is in the affirmative, has an air carrier taken all 'reasonable measures' in accordance with Article 5(3) of Regulation No 261/2004 if it establishes that the minimum legal requirements with regard to maintenance work on the aeroplane have been met and is that sufficient to relieve the air carrier of the obligation to pay compensation in accordance with Article 5 in conjunction with Article 7 of the regulation?
If the answer to the first question is in the negative, are extraordinary circumstances within the meaning of Article 5(3) of Regulation No 261/2004 cases of force majeure or natural disasters, which were not due to a technical defect and are thus unconnected with the air carrier?

Case C-549/07, Wallentin-Hermann v Alitalia

Tuesday, March 04, 2008

World Economic Forum’s Travel & Tourism Report Highlights the Importance of Environmental Sustainability

Switzerland, Austria and Germany have the most attractive environments for developing the travel and tourism industry, according to the second annual Travel & Tourism Competitiveness Report 2008, released today by the World Economic Forum. Australia, Spain, the United Kingdom, the United States, Sweden, Canada and France complete the top-10 list. The rankings cover 130 countries around the world.
Improvements have been made to the Travel & Tourism Competitiveness Index (TTCI) this year. The “environmental regulation” pillar has been revised and improved as well as being re-named the “environmental sustainability” pillar to better reflect its components and to capture the increasingly recognized importance of sustainability in the sector’s development.
The TTCI measures the factors and policies that make it attractive to develop the T&T sector in different countries. It is composed of 14 pillars of travel and tourism competitiveness:

1. Policy rules and regulations
2. Environmental sustainability
3. Safety and security
4. Health and hygiene
5. Prioritization of travel and tourism
6. Air transport infrastructure
7. Ground transport infrastructure
8. Tourism infrastructure
9. Information and communication technology (ICT) infrastructure
10. Price competitiveness
11. Human capital
12. Affinity for travel & tourism
13. Natural resources
14. Cultural resources

This cross-country analysis of the drivers of competitiveness in travel and tourism provides useful comparative information for making business decisions and additional value to governments wishing to improve their travel and tourism environments.

Source: World Economic Forum; read full press release here.

Note that "Policy rules and regulations" is regarded the first pillar - thus in my opinion emphasising the importance of a legal frame i.e. travel and tourism law.

Monday, March 03, 2008

Vietnam to host 2009 ASEAN Tourism Forum

The 2009 ASEAN Tourism Forum (ATF 2009) and ASEAN Tourism Ministers' Meeting will take place in Ha Noi from January 5-12, 2009.
The event will include a meeting of tourism working groups with experts and senior officials of tourism agencies of ASEAN countries; a meeting between ASEAN Tourism Agencies, ASEAN and partners; ASEAN Tourism Ministers meeting, ASEAN and partners.

Source: vietnam.net; read more here.

Thursday, February 28, 2008

"VAT: Commission takes steps against 8 Member States as regards the application of the travel agents' scheme"

As just stated by the EU Press Room, "The European Commission has formally requested Poland, the Netherlands, Portugal, France, Italy, Finland, Greece and the Czech Republic to amend their legislation with regard to the application of the special VAT 'margin' scheme for travel agents. The request is in the form of a reasoned opinion which is the second stage of the infringement proceedings provided for in Article 226 of the Treaty. If these Member States fail to comply with the reasoned opinion within two months, the Commission may refer the matter to the Court of Justice of the European Communities."

This Press Release is available in full text.

"VNAT changes cards to oversee tour guides' qualifications"

According to the VietNamNet Bridge, "All 10,000 tour guides in the country will have to apply for new professional certificates in the next quarter in a drive by Vietnam's tourism authority to closely monitor the qualifications of the workforce, an official said.
Vu The Binh, head of the travel department under the Ministry of Culture, Sport and Tourism, told the Daily on Tuesday that the ministry would issue a circular guiding the implementation of the Tourism Law, which requires all tour guides to apply for new professional cards in the second quarter of this year. 'We will issue the circular later this quarter, and all tour guides across the country will change or receive new electronic cards in the second quarter,' he said." Read more>>

Monday, February 25, 2008

"Tourism in the EU27: Nights spent in hotels rose by 3.1% in 2007"

As stated by the EU Press Room, "In 2007, 1 578 million nights were spent in hotels and similar establishments in the EU27, which is an increase of 3.1% compared with 2006. Hotel nights spent by residents in their own country increased by 3.6% to 856 million, while for non-residents hotel nights rose by 2.4% to 722 million. For comparison, the growth rate of total nights spent in hotels in the EU27 was 4.3% in 2006 and 4.6% in 2005."

This Press Release is available in full text.

Saturday, February 23, 2008

"Beware of travel agents"

As reported by Kang Bing, at the China Daily, "Want to go on a trip? The most convenient way seems to be joining a packaged tour. You scan the advertisements, find a good bargain, sign a contract with a travel agent, and all the while not knowing you might be falling into a trap.
Better living standards have led to a prosperous travel market in this country. So attractive is the industry that travel agencies have sprung up like mushrooms. The latest statistics are not yet available, but the 2004 figure showed there were 13,467 travel agencies in China, double the figure at the turn of the century.
When you have to choose someone you can trust from such a sea of travel agents, you can bet you are stepping into a risky business." Read more>>

Friday, February 22, 2008

Uganda: Parliament passes new tourism law

Parliament has passed the Uganda Tourism Bill 2007 into law. The new law that was passed on Tuesday will govern tourism activities in the country.
An excited state minister for tourism Serapio Rukundo said it would accelerate the development of the sector. The law, he noted, was good because it was friendly to the private sector that drives tourism.
The law sets standards, provides for licensing, regulating and controlling the tourism sector. It will give effect to the implementation of the Tourism Policy 2003 and reconstitute the Uganda Tourist Board to make it private sector-driven. A tourism development levy will be charged to establish a Tourism Development Fund.

Source: eTurboNews; read full article here.

Austria: Operator of a Discotheque not Liable for slippery Wet Dancing Floor

In a recenty published decision (2 Ob 87/07v of 15. Nov. 2007) Austrian Supreme Court (OGH) confirmed the lower instances' view that the operator of a discotheque has no obligation to constantly check the dancing floor for wet or slippery spots or pieces of broken glass.
Plaintiff was injured when falling on a piece of broken glass after slipping on the wet dancing floor. OGH held that it was an obvious risk that visitors may break glasses and pour liquids on the dancing floor; it was therefore up to each visitor to exercise reasonable care. OGH upheld the lower instances' decisons and dismissed plaintiff's appeal.

Decision in German language available here.

UK: Air Transport Users Council (AUC) published Delayed Baggage Table for 2007

The Air Transport Users Council (AUC) calling themselves "the UK's consumer watchdog for the aviation industry" published a table on the baggage handling performance of the member airlines of the Association of European Airlines (AEA) for 2007.
According to the airlines’ own data, an average of 16.6 bags per thousand passengers were delayed on flights operated by the major European network airlines in 2007. This compares to 15.7 bags per thousand passengers for 2006. It is notable that those AEA airlines that tend to operate connecting flights through “hub” airports come out worst. For example, Air France, KLM and British Airways all take up places in the top five poorest performers for 2007. This is borne out by industry research, which, according to the AEA, shows that 61% of baggage incidences are related to connecting passengers.

Source: Air Transport Users Council Press Notice (including table).

Thursday, February 21, 2008

"Commission launches dialogue with Montenegro on visa free travel"

According to the EU Press Room, "European Commission Vice President Franco Frattini, in charge of Justice, Freedom and Security, launched a dialogue on visa free travel with Montenegro in Podgorica today. The aim of this dialogue is to give clear indications to the authorities of Montenegro on the measures that need to be taken to grant visa free travel to all citizens of the country. 'This is a tangible and concrete proof of the EU's commitment to Montenegro's European future', said Vice President Frattini at the opening ceremony of the dialogue on visa free travel.
Since 1 January 2008, Montenegrin citizens enjoy the benefits of a visa facilitation agreement with the European Union. This agreement provides for easier access to visas for a broad range of categories of citizens ranging from students, sportsmen and women, cultural workers, journalists, people visiting family members living in the EU, people in need of medical treatment to economic operators working with EU companies."

This Press Release is available in full text.

Climate Change: Due to New Study Road Traffic Pollutes Worse Than Aviation

A new study carried out by Norwegian researchers at the Center for International Climate and Environmental Research (CICERO) of Oslo Univerity reveals that road traffic is the worst offender. It causes more greenhouse gas emissions than aviation, which is the second-largest pollutor. By contrast, shipping has a cooling effect.
Aviation is second in the research because the researchers opted for a historical approach. The historical contribution from aviation emissions to global warming is more than doubled by the contribution from road emissions. “Over the next 100 years, today’s road emissions will have a climate effect that is four times higher than the climate effect from today’s aviation emissions”, the researchers say.

Source: globalpolitican.com; find full article here.

Saturday, February 16, 2008

"Tourism chief wants travel tax scrapped"

As reported by Veronica Uy, at the Inquirer, "The travel tax imposed on Filipinos traveling abroad should be abolished as it 'dampens' their mobility, Tourism Secretary Joseph Ace Durano said Friday.
At the opening of the 15th Travel Tour Expo, which had 170 exhibitors from 23 countries at the SMX Convention Center in Pasay City, Durano said: 'I support the abolition of [the] travel tax and let us find a sustainable source to fund the tourism sector.'
The travel tax ranges from P300 to P2,700, depending on one’s job and airline seat classification. Overseas Filipino workers (OFWs) and their dependents are among those who get special rates." Read more>>

Cohen Milstein Lands $200 Million BA-Virgin Settlement

Class action giant Cohen Milstein Hausfeld & Toll has won a landmark victory in the U.S. courts after securing a $200 million settlement from British Airways and Virgin in relation to price-fixing, it was announced Friday. The settlement will see $144 million put aside for just over five million U.K. residents who will have until 2012 to claim up to £20 ($39) for a return flight after both airlines admitted to price-fixing fuel surcharges on flights between August 2004 to March 2006. Under the arrangement -- the first-ever transatlantic recovery -- the airlines will also pay out $59 million to U.S. passengers over the price-fixing charges. See full story at LegalWeek

Friday, February 15, 2008

Austria: Parents not bound to check hotel facilities for possible sources of danger to their children

A nine year old girl was injured in a "familiy hotel" when running against a glass door which due to lightning conditions was hardly visible when shut and not made of safety glass. She successfully claimed for compensation for pain and suffering against the tour operator. Court held that even when her mother had been negligent by not warning her daughter of the dangers of the glass door, this could not be attributed to the claimant as contributory negligence.
Following this decision the tour operator's insurer claimed back half of the compensation paid to the girl from her mother, arguing that due to the judgement she had contributed to the accident at fault. Reasonings of the jugdement against the tour operator were binding for her as she had been given third party notice.
Austrian Supreme Court (OGH) at the contrary held that there was no binding character of the specific reason as it had not been relevant for the decision against the tour operator. There was no negligence of the mother as parents were not bound to check hotel for any possible source of danger to their children.

OGH 11.12.2007, 4 Ob 211/07v; decision available in German here.

European Union: ECJ ruled against Greece in airline case

Greece failed to comply with a European Commission decision that aid to Greek carrier Olympic Airlines was illegal and should be recovered, ECJ ruled on Thursday.
A first decision of 11 December 2002 declared incompatible with the common market restructuring aid approved during the course of 1994, 1998 and 2000. Greece was asked to recover part of that aid, amounting to EUR 41 million. Since that decision was not implemented, the Court of Justice of the European Communities declared the action for failure to fulfil obligations to be well founded.
By a second decision of 14 September 2005, at issue in the present case, the Commission considered to be State aid, first, the restructuring of Olympic Airways as such, as well as the granting of financial assistance and the receipt, by that company, of other financial support; second, the receipt, by Olympic Airlines, of various forms of subsidies. These included rental payments for the sub-leasing of aircraft (approximately EUR 40 million), overvaluation of assets at the time the new company was created (approximately EUR 91.5 million), payment by the Greek State, instead of Olympic Airways, of certain bank loans and leases (EUR 8 million) and,finally, the continuous forbearance displayed by the Greek State towards Olympic Airways with regard to taxes and social security contributions (EUR 354 million). As set out in the decision, Greece was under an obligation to recover the various aids without delay, to immediately suspend the granting of any additional aid to Olympic Airways and Olympic Airlines and to inform the Commission of measures taken.
In the present action, Greece submitted, first, that the Commission had failed to provide a reliable method of calculation to make determination possible of the aid amounts to be recovered. Secondly, Greece challenged the validity of the decision.
The Court held, first of all, that Greece had not fulfilled its obligations, either by the end of the time period laid down by the Commission or by the date on which the present action was brought. In addition, Greece has not relied on any absolute impossibility to implement the decision.

Source: ECJ press release No 9/08 of 14. Feb. 2008

"The Commission adopts recommendations to open negotiations for short stay visa waiver agreements with six countries"

As stated by the EU Press Room, "The Commission made today the first step towards the conclusion of short stay visa waiver agreements between the European Community and six third countries: Antigua and Barbuda, the Bahamas, Barbados, Mauritius, Saint Kitts and Nevis and the Seychelles. The recommendations to authorise the Commission to open negotiations are to be submitted to the Council.
'The Commission intends to open the negotiations on the visa waiver with the six countries as soon as the negotiating directives will be approved by the Council, thus providing for the full implementation of the existing legal framework', stated Vice-President Franco Frattini, Commissioner responsible for Justice, Freedom and Security."

This Press Release is available in full text.

Thursday, February 14, 2008

UK: Britain cuts visa price for Chinese tourists

Britain will cut the price of its group tourist visas for Chinese travelers by almost a third for three months from March 3, said the British Ambassador to China Sir William Ehrman on Wednesday.
The price would fall from 63 pounds (980 yuan) to 44 pounds (660 yuan) and a final decision on whether the reduction should be permanent would be made at the end of the trial period, said Ehrman.
China was the first country to carry out the trial reduction, said Ehrman, adding it was aimed at promoting tourism.

Source: eTurboNews; read full article here.

European Union: Good news for claimants injured in road traffic accidents

In a recent decision (C-463/06 of 13. December 2007) European Court of Justice held that an injured party in a road traffic accident may bring an action directly against the insurer before the courts for the place in a Member State where that injured party is domiciled, provided that such a direct action is permitted and the insurer is domiciled in a Member State. ECJ came to this conclusion due to a purposive or “teleological” interpretation of the Jurisdiction Regulation (EC 44/2001).
Travelers within the EU injured in a road traffic accident in another member state may therefore sue "back home" provided that their national law permits direct action against the insurer and the latter is domiciled in an EU member state.

Source: ECJ Press Release No 92/07.

"Air transport: Commission takes note of today's Court judgment in the Olympic file"

According to the EU Press Room, "The Court of Justice today confirmed that Greece has failed to comply with a Commission decision adopted in 2005 finding that it had granted illegal and incompatible aid to Olympic Airways Services and Olympic Airlines, and asking for such aid to be recovered.
Vice-President Jacques Barrot, Commissioner in charge of transport, said in a statement: 'I take note of this ruling, which follows several rulings by the European Courts and decisions by the Commission in this dossier. It confirms the urgent need for a viable and legally sound solution to this file. This is in the interest of the European aviation sector, of Greek consumers and tax-payers, but also of the employees of Olympic Airways Services and Olympic Airlines and is indispensable in order to preserve a continuity of service to remote areas in Greece. Should it be the case that swift compliance is not achieved, I would have no choice but to propose to the College to file a new action with the Court of Justice, asking for the imposition of fines and periodic penalty payments.'."


This Press Release is available in full text.

India court in moustache notice

India's Supreme Court has issued a notice to a state-run airline asking it to explain why an air steward was sacked for wearing a big moustache.

Victor Joynath De was grounded by Indian - formerly called Indian Airlines- in 2001 for refusing to shave off his handlebar moustache. He had earlier lost a case in a lower court which ruled that the airline was within its rights to sack him.
According to Indian rules, all crew members should be clean shaven. A moustache, if worn, should not extend beyond the upper lip, says the rule book. The guidelines do not apply to Sikh employees who are allowed to keep moustaches.
"How can somebody be removed from a job because of the size of his moustache?" the Supreme Court bench comprising Justice HK Sema and Justice Markanday Katju asked on Monday. The airline has been given four weeks to respond.

Source: bbc.co.uk; read full article here.

Wednesday, February 13, 2008

Space Tourism faces challenges from insurance companies

The personal spaceflight business — also known as space tourism — will face high hurdles from the insurance business in its early years, according to several industry experts.
Policy costs will be extremely high until companies fly without incident at least three times. And a string of early failures may well doom startups to business failure, one of three insurance experts on a panel about the subject said during a panel discussion at the Federal Aviation Administration's annual Commercial Space Transportation Conference.

Source: foxnews.com; read full article here.

Tuesday, February 12, 2008

USA: legal restraints against foreign-flagged cruise ships?

Federal officials are working to finish a proposed rule that threatens to dramatically alter the itineraries of many foreign-flagged cruise ships, such as those operated by Carnival Cruise Lines, Royal Caribbean and others, by requiring much longer port stays.
The proposed change would require 48-hour stays, instead of the usual four- to 12-hour visits, at foreign ports of call, possibly reducing the number of stops during trips of a week or less.
It is aimed at helping the U.S.-flagged ships operated by Norwegian Cruise Lines America on Hawaiian cruises compete with foreign-flagged cruise lines sailing from California. Almost all cruise ships operating from U.S. ports are registered in foreign nations to avoid the cost of meeting U.S. labor, health, safety and environmental standards.
But the impact could have much broader implications, imperiling cruises from U.S. ports to Alaska, Canada, New England and some to the Caribbean, according to critics.
Cruise vacationers may find companies offering more limited itineraries and fewer three and four day trips.
Source: usatoday.com; read full article here.



Saturday, February 09, 2008

"Medical tourism needs a thorough checkup, critics say"

As reported by Christopher Bodeen and Alan Scher Zagier at The Wenatchee World Online, "BEIJING — They're paralyzed from diving accidents and car crashes, disabled by Parkinson's, or blind. With few options available at home in America, they search the Internet for experimental treatments — and often land on Web sites promoting stem cell treatments in China.
They mortgage their houses and their hometowns hold fundraisers as they scrape together the tens of thousands of dollars needed for travel and the hope for a miracle cure.
Some of these medical tourists claim some success when they return home: Jim Savage, a Houston man with paralysis from a spinal-cord injury, says he can move his right arm. Penny Thomas of Hawaii says her Parkinson's tremors are mostly gone. The parents of 6-year-old Rylea Barlett of Missouri, born with an optical defect, say she can see.
But documentation is mostly lacking, and Western doctors warn that patients are serving as guinea pigs in countries that aren't doing the rigorous lab and human tests that are needed to prove a treatment is safe and effective" Read more>>

Wednesday, February 06, 2008

Sweden: airline offers fingerprint check-In for domestic flights

No ID? No problem. In Sweden, all the identification you need to board an airplane is now at your fingertips—literally. Scandinavian Airlines Sweden (SAS) now allows travelers with luggage to board domestic flights by providing a scan of their index fingerprint.
The system is designed to address a European Union aviation security regulation requiring passengers who check baggage for a flight to be matched with their bags again when they board the plane. Passengers who opt to use the new biometric check-in system will scan their index finger as they drop off their baggage, and again at the gate. The two fingerprints are compared to confirm a passenger's identity, and no other ID is required.

Source: eTurboNews; read full article here.

Monday, February 04, 2008

Netherlands: Airline association to take Dutch government to court over environment tax

The Board of Airline Representatives in the Netherlands (Barin) is taking the Dutch government to court to challenge the environmental tax set to take effect July 1, an Air France-KLM spokesperson told Dutch daily NRC Handelsblad.
The court case is expected to begin March 5, with Schiphol Group perhaps also slated to join, the report said.
The Dutch government decided last year to put a environmental tax on airline tickets: 11.25 eur per flight for European destinations less than 2,500 km, and 45 eur for longer flights.

The Netherlands is the only European country to have such a tax, the paper said.

Source: etourbonews

Friday, February 01, 2008

European Union: Summary of the responses to the consultation on the Council Directive 90/314/EEC

The commission published a summary on the basis of the contributions to the Working document that was published on the SANCO web page in July 2007. All replies sent in until mid November have been considered.
65 responses were received of which 12 from Member States, 1 from an EFTA state, 29 from business stakeholders, 20 from consumers stakeholders and 3 from academics/private persons.
The Package Travel Directive is one of eight directives covered by the Review of the Consumer Acquis. Horizontal issues affecting several directives have been consulted on separately by the Green Paper on the Review of the Consumer Acquis. In the light of the outcome of the consultation on the Green Paper and the input to the consultation in this working document, the Commission will consider the need for a reform of the Directive.

Find the summary here.

Wednesday, January 23, 2008

USA: ASTA Files Comments on Oversales and Denied Boarding Compensation

The American Society of Travel Agents (ASTA) filed comments yesterday with the Department of Transportation (DOT) on the issue of Oversales and Denied Boarding Compensation. ASTA provided the DOT with numerous recommendations for updating the more than 20-year old rules that currently govern the process of Denied Boarding Compensation practices.

In its comments, ASTA:
  • Stated that it is in favor of doubling the ceiling on compensation for involuntarily bumped passengers.
  • Suggested that ceiling caps should be adjusted automatically every five years and based on the Consumer Price Index (CPI).
  • Objected to the DOT permitting airlines to establish, without any control, preference as to who will be involuntarily bumped when they are unable to secure volunteers. The DOT currently allows airlines to decide who will be involuntarily bumped based on the price of a passenger's ticket.
  • Argued that anyone with a confirmed seat assignment should never be bumped. ASTA also suggested that if an airline reserves the right to bump passengers based on the price of their ticket, the airline should warn the passenger of this risk at the time of purchase.
  • Argued that compensation practices for international and domestic travel should be treated identically and based on a combination of length of delay and distance.
  • ASTA recommended that the rules abolish the use of vouchers in favor of cash payments, stating that only cash payments will create a full incentive for airlines to closely manage Denied Boarding Compensation.
Read the full press release here.

Tuesday, January 22, 2008

World Tourism: Travel & Tourism leaders forecast continued growth for 2008

Despite repercussions of the ongoing global credit crunch, Travel&Tourism leaders revealed that the industry will moderately be impacted and signalled continued growth rates for 2008 at a reduced pace.
According to the recent research produced by the World Travel&Tourism Council (WTTC) and Oxford Economics (OE), Travel&Tourism entered this recent period on the back of another solid performance in 2007. International tourism arrivals increased in this year by nearly 6 per cent per cent, totalling to nearly 900 million tourists and marking the fourth successive year that arrivals' growth has exceeded its long-standing trend of 4 per cent (source: UNWTO).
Furthermore, the research also indicated that tourism spending per capita has more than matched these increases. International air passenger traffic also rose at a record 9.3 per cent (source: IATA) from year to year in November.

Read full article here.

Friday, January 18, 2008

Austria: Hotel Association argues for voluntary Smoking Ban

While Austrian Government is still struggling with a smoking ban in restaurants, the chairman of the Hotel Association on Wednesday hurried ahead with the proposal to introduce a general smoking ban in all Austrian hotels. The idea was immediately citisized by the tourism section of the Austrian Chamber of Commerce, not only representing hoteliers but also owners of small restaurants who refuse to accept a smoking ban.

Wednesday, January 16, 2008

"'External costs' in transport: Commission prepares the ground for efficient and fair pricing of transport services"

According to the EU Press Room, "The European Commission has released a comprehensive compilation of existing studies on external costs in the transport sector. This handbook, jointly prepared by several transport research institutes, summarises the state of the art as regards the valuation of external costs. The Commission intends to make use of the handbook as one element which prepares the communication on the internalisation of external costs for all modes of transport that is due in June 2008 and a proposal to revise the directive on the charging of heavy goods vehicles."

This Press Release is available in full text.

Friday, January 11, 2008

"General and business aviation on the Commission's agenda"

As stated by the EU Press Room, "Today, the European Commission has adopted an agenda for general and business aviation in Europe. For the first time since the creation of the EU internal aviation market, the Commission has studied this sector, quantified its value and identified the challenges that it is facing. The Commission now proposes to integrate general and business aviation into the EU air transport policy. Improving data gathering, screening of legislation to ensure proportionality and integrating general and business aviation into the capacity optimisation initiatives are the main elements of this agenda.
Vice-President Jacques Barrot, Commissioner for transport, said: 'We fully recognise the value of non-commercial aviation and intend to work with this sector in Europe, as it is a large source of employment, expertise, technology and revenues'."

This Press Release is available in full text.

Sunday, January 06, 2008

"Failed-airline protection is now a law of the past"

As reported by Ed Perkins, at the Chicago Tribune, "The law requiring surviving airlines to carry travelers with tickets on any failed line expired and Congress did not extend it. If you hold a ticket on a line that fails, you can usually get your money back. But other airlines are no longer required to accommodate you - what air service you can get is strictly voluntary on the part of those lines.
The risk of airline failure has diminished greatly since the original law was passed, and I haven't seen much about the question in the last year or two. But the recent failure of all-business-class Maxjet should remind you that even when most big lines are making money, some airlines can be risky. And the combination of factors that killed Maxjet - high fuel costs, credit problems and a cloudy market outlook - could strike other financially weak airlines. Even though the law expired, the problem definitely did not." Read more>>

Thursday, December 27, 2007

"Rwanda launches 'gorilla tax'"

According to iafrica.com, "Rwandan companies using the country's famous mountain gorillas' image for marketing purposes will have to pay a tax aimed at financing the endangered species protection, officials announced this week.
'We are launching this campaign to generate income earmarked for the species' protection,' said Fidele Ruzigandekwe, in charge of conservation at the Rwandan Office of Tourism and National Parks." Read more>>

Saturday, December 22, 2007

"Tourists not safe in incredible India"

As reported by Hemendra Singh Bartwal, of the Hindustan Times, "Rising Incidents of crimes against foreign tourists has pushed the Tourism Ministry to send a communication to all states asking them to speed up the process of creating a special tourist police force.
The urgency was highlighted by an incident in Mumbai earlier this week where a Latvian national was raped by a driver who offered her a lift.
The ministry had reminded the states to speed up the matter in June at the chief secretaries meet. Today, only 10 states have implemented the measure — the communication had first been sent last year — while the rest continue to drag their feet" Read more>>

Friday, December 14, 2007

"Airlines 'should be forced to increase leg room'"

As reported by Colin Brown, at The Independent, "Airlines should be forced by a change in the law to provide two inches more leg room on board passenger jets, a cross-party committee of peers said in a report on air travel.
The Lords committee on science and technology accused the Civil Aviation Authority (CAA) of ignoring its own research which recommended the regulatory minimum distance between seats should be increased to 28.2ins (71.6cm) or ideally to 29.4ins from a current minimum of 26ins.
The lack of leg room for seating in passenger jets has been linked to scares over deep vein thrombosis (DVT) which can cause fatal blood clots, particularly on long-haul flights. The research also showed more space between seats could allow passengers to evacuate planes more safely in an emergency." Read more>>

Thursday, December 13, 2007

"New rules end confiscation of duty-free liquids bought at Singapore airport from transfer passengers"

As stated by the EU Press Room, "Today, the European Commission adopted a regulation allowing air passengers arriving from Singapore and transferring at an EU airport to take duty-free liquids on-board their connecting flights. When changing planes in the EU, these passengers will no longer be obliged to abandon liquids bought at Singapore airport and carried in their cabin baggage. This is the first application of a recent regulation that introduced the possibility of such exemptions for liquids bought in the airports of third countries."

This Press Release is available in full text.

5th Editur and the 1st Ibero-American Seminar of Tourism Law

Organized by IBCDTur - the Brazilian Institute of Tourism Sciences and Law, next week in Piracicaba SP, will take place the 5th Editur and the 1st Ibero-American Seminar of Tourism Law that will deal with the "Propedeutics and Tourism Law: epistemological foundations".
Sponsored by the Brazilian Ministry of Tourism, this event counts with the participation of the Presidents of other two National associations of MERCOSUL, Diego Benítez of AADETUR - the Argentinian Association of Tourism Law and Julio Facal of AUDETUR - the Uruguayan Association of Tourism Law.
The Education, Training and Congresses Committee of IFTTA is in charge of one of the Sessions with Uta Stenzel, from the University of Rostock in Germany, representing the Chairman of the Committee Prof. Klaus Tonner, and member of the Board of Directors of IFTTA, Manuel Masseno, from the Polytechnic of Beja in Portugal, also from the Board of Directors, and Graciela Guidi, from the University of Buenos Aires in Argentina.

Tuesday, December 11, 2007

USA: DHS Begins Collecting 10 Fingerprints From International Visitors At Washington Dulles International Airport

The U.S. Department of Homeland Security (DHS) is now collecting additional fingerprints from international visitors arriving at Washington Dulles International Airport (Dulles). The change is part of the department's upgrade from two- to 10-fingerprint collection in order to enhance security and fingerprint matching accuracy.
Department of State (DOS) consular officers and DHS Customs and Border Protection (CBP) officers collect biometrics—digital fingerprints and a photograph—from all non-U.S. citizens between the ages of 14 and 79, with some exceptions, when they apply for visas or arrive at U.S. ports of entry. The department's US-VISIT program checks this data against a joint Federal Bureau of Investigation (FBI)-DHS watch list of criminals, immigration violators and known or suspected terrorists. Watch list data comes from several sources, in particular the Department of Defense (DOD), FBI, DHS and other federal, state and local law enforcement agencies.

Source: DHS press release of December 10, 2007 ; more information here.

Wednesday, December 05, 2007

"EU initiative to strengthen consular protection for citizens outside the European Union"

According to the EU Press Room, "Every Union citizen travelling to or living in a third country where his or her Member State is not represented is entitled to protection by the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State. The Commission has presented an Action Plan to strengthen this right which is enshrined in Article 20 of the EC Treaty."

This Press Release is available in full text.

"Attorney General Brown petitions EPA to regulate aircraft emissions"

As reported by Jane Kay, at the San Francisco Chronicle, "Air travel contributes to global warming, and the U.S. Environmental Protection Agency should curb carbon dioxide and other greenhouse gases emitted from airplanes, according to petitions expected to be filed today by California, four other states and three environmental groups.
California Attorney General Jerry Brown and the other petitioners want the EPA to start imposing tough limits on plane emissions within six months. The federal government now does not regulate greenhouse gas emissions from aircraft or any other vehicles, including cars and trucks." Read more>>

Tuesday, December 04, 2007

EU: new rules to clear up airline ticket prices

The European Union agreed Friday new measures to make airline ticket costs more transparent by obliging companies to included all taxes and charges in the headline price first shown to consumers.
The measures, agreed Friday by the EU's 27 member states in concert with the European Parliament, are based on the principle that the price the traveller sees should be the real cost of the ticket.
They are aimed at better informing potential passengers and allowing them to compare prices, as in future all the taxes, fees, surcharges and other fees will be figured in.

Source: afp.google.com. Read full article here.