German Supreme Court: no refund of the full package price following delayed connection flight

Plaintiff had booked a package tour to Iceland including a flight from Düsseldorf to Reykjavik via Amsterdam. Due to a technical problem the flight from Amsterdam to Reykjavik was delayed. After waiting six hours the plaintiff booked a return flight from Amsterdam to Düsseldorf on his own and returned home the same day. He argued he had legally terminated the contract and sued for repayment of the package price as well as compensation for the costs of his return flight, claiming that under Reg. 261/2004 a delay of more than five hours entitled him to cancellation and a free return flight .
The claim was dismissed in all instances. German Supreme Court (BGH) affirmed its view that Reg. 261/2004 is exclusively granting claims against the operating carrier and does not apply to the organizer of a package tour. Given the complex services under a package tour contract, a flight delay of more than five hours would not entitle the consumer to terminate the contract if the dealy had only resulted into missing one or two out of 14 days of the package tour.

Source: BGH press release 187/2008; full German text available here>>.

Germany: one more reference for preliminary ruling in regard to Reg. 261/2004

German Supreme Court (BGH) once again instituted proceedings on the interpretation of Reg. 261/2004 on air passenger rights. In the case concerend a flight from/to Berlin was part of a package tour to Turkey. During the trip the tour organizer changed the booking for the return flight and rerouted passengers to another flight of the same carrier, not going to Berlin but to Leipzig (from where a bus transfer to Berlin was provided). The originally booked flight to Berlin was duly operated by the carrier.
Passengers sued the operating carrier for compensation because of denied boarding under Reg. 261/2004. First instance court (Amtsgericht Rüsselsheim) granted the claim, court of appeal (LG Darmstadt) dismissed it. Upon further appeal of the passengers, BGH posed the following questions to the ECJ:

• Can a rebooking to another flight be regarded "denied boarding" under Art. 4 par. 3 of the Reulation,
• if answered yes, shall this also apply if the rebooking solely was based on a decision of a tour organizer, not one of the carrier.
  

Source: BGH press release 168/08; German text available here>>.

Proposal for a EC-Directive on Consumer Rights

Last week the European Commission presented a Proposal for a Directive on Consumer Rights COM (2008) 614/3 which shall merge 4 existing EU consumer directives into one set of rules.
For the first time it intends to move away from the minimum harmonisation approach in the former Directives (cf recital no 2).
According to Art 3 No 3, Art 30 to 39 concerning unfair contract terms, read in conjunction with Art 4 on full harmonisation, shall also apply to contracts which fall within the scope of the PTD 90/314/EEC.

The proposal can be found here:
http://ec.europa.eu/consumers/rights/docs/Directive_final_EN.pdf

UNWTO: World Tourism Day 2008 Think Tank

The main conclusion of this year’s World Tourism Day (WTD) Think Tank held on the theme ”Tourism Responding to the Challenge of Climate Change” was that tourism growth must be pursued with increasing emphasis on ethics, local community involvement as well as reducing carbon emissions systematically.
A group of leading public and private tourism stakeholders, representatives of civil society and of the UN system highlighted the inter-relationship between climate response and global poverty reduction efforts. Simultaneous efforts on both fronts are key to effectively meet and promote sustainability goals by the tourism sector.

Participants of the Think Tank welcomed two new initiatives:

• ClimateSolutions.travel: Built with support of Microsoft, this portal will be a global repository of good practice for all tourism stakeholders to replicate.
• Tourpact.GC: The first sectoral initiative of UN’s Global compact. It links the Corporate Responsibility Principles and Processes of the Compact with UNWTO’s Global Code of Ethics for Tourism. The UN Secretary-General has welcomed it as an initiative to be followed by other sectors.

Source: UNWTO press release; read full text here>>.

International space Station awaiting tourist

The orbital path of the International Space Station (ISS) was successfully adjusted Saturday to accommodate the landing of the world's sixth space tourist in eight days time, Interfax reported citing Russian space programme officials.

Multi-millionaire US businessman Garriott is the son of US astronaut Owen Garriott. He paid more than 30 million dollars (20 million euros) to be launched into space from the Baikonur cosmodrome in Kazakhstan, according to Space Adventures, the US-based company that organised his trip.

Source: eTurboNews; read full article here>>.

Florida: law on Cuba travel bond blocked by federal judge

A group of travel agents in Florida sued the state over a new law requiring agents who book trips to Cuba to post a USD 250,000 bond and disclose their clients' names. Earlier this month, a federal judge lifted the measure temporarily to consider the law's legality.
Before the measure was signed into law in June all travel agencies were required to pay the state a one-time USD 25,000 bond.
Despite the recent ruling, the legal battle between the travel agents and Florida lawmakers is not over: Some legal experts say the law oversteps the bounds of state authority.

Source: New York Times; find article here>>.

Antarctica: threatened by tourism?

Tourism in Antarctica has grown dramatically. In 1985, just a few thousand people visited the area but in the season 2007/2008 more than 40,000 did the same. Increasing tourism on Antarctica can result into a threat for the vulnerable South Pole area.

Antarctica is not a sovereign state and so legislation is difficult. With strict guidelines and codes of conduct, the umbrella organisation of Antarctic tour operators, IAATO, has been able to dispel many of the concerns. However, this self-regulation is no absolute guarantee for a healthy tourism industry on Antarctica.

Research from Maastricht University provides a possible solution: marketable visitor rights, as already used in the climate policy by means of trading in CO2 emission rights..

Source: Netherlands Organization for Scientific Research. "Tourism on Antarctica Threatening South Pole Environment; Solution Offered." ScienceDaily.

European Court of Justice: hearing on Reg. 261/2004

On Sep. 24, 2008 European Court of Justice held a hearing in connected cases C- 402/07 (Sturgeon v. Condor) and C-432/07 (Böck v. Air France) regarding differentiation between delay and cancellation on the one hand and acknowledgement of technical problems as extraordinary circumstances on the other. Apart from plaintiffs' counsels only the counsels of Condor (defendant in case C-402/07) and representatives of the Commission, Greece and the United Kingdom attended the hearing.

Advocate General Sharpston showed specific interest in the importance of the flight number for the purpose of distinguishing a mere delay from cancellation. The most pointed remark came from UK's representative who argued for a very restrictve interpretation of the term "cancellation" covering only cases when no flight at all was operated. This resulted into a robust discussion with the Advocate General who laid strong emphasis on the principle of equal treatment of comparable situations: from the passenger's view it wouldn't make much difference whether he reached his destination one day later because of a delay or because of a cancellation. Ms Sharpston stressed that the fundamental principle of equal treatment was binding for the European secondary legislator.

Ms Sharpston announced that she will give her opinion at a later stage of the proceedings.

European Court of First Instance: no damages granted after annulment of the Commission’s decision to interdict acquistion of First Choice by MyTravel

On 29 April 1999, the United Kingdom travel company Airtours (now renamed into MyTravel Group) announced its intention to acquire the whole of the issued share capital of First Choice, one of its competitors in the United Kingdom, on the stock market. The Commission declared the merger incompatible with the common market on the ground that it would have led to a collective dominant position on the United Kingdom short-haul foreign package holiday market.
Airtours brought proceedings before the Court of First Instance which by judgment of 6 June 2002 annulled the decision, holding that the Commission had not shown to the requisite degree that negative effects on competition would arise by virtue of the merger.

Following that judgment, MyTravel Group brought an action before the Court of First Instance claiming damages for the loss it claimed to have suffered by reason of the unlawfulness vitiating the review procedure undertaken by the Commission of the compatibility of the proposed acquisition of the applicant’s competitor with the common market.

The Court of First Instance held, that for the non-contractual liability of the Community to arise there must be unlawful conduct by its institutions amounting to a manifest and grave disregard for the limits on their discretion. the complexity of the situations to be regulated in the control of mergers, the difficulties of application connected with the time constraints imposed on the administration in that regard and the margin of discretion available to the Commission must be taken into account in analysing whether a sufficiently serious breach on the Commission’s part may have arisen.

Having regard to those considerations, the Court of First Instance rules that the Commission did not commit a sufficiently serious infringement of a rule of law in analysing the Airtours/First Choice merger in light of the criteria relating to the creation of a collective dominant position.

Source: Court of First Instance press release>>.

Relaunch of Aviation industry climate change website

The site, www.enviro.aero, is an initiative of the commercial aviation industry and highlights the technology solutions, operational improvements and infrastructure efficiencies that are being researched and implemented across the world. It aims to answer the questions being raised by environmental groups and members of the public about aviation's impact on the environment and in particular climate change.

The new-look website has been established to provide members of the flying public and those working in the industry with the science and facts on aviation and its climate change impact, while also detailing the huge amount of work being undertaken across the industry.

Source: ForImmediateRelease.Net; full article here>>.

UNTWO welcomes Norway as 154th member state

In 1947, Norway was one of the 19 founding members of the International Union of Official Travel Organizations (IUOTO), the organization which preceded the modern UNWTO. The Ministry of Foreign Affairs of Norway officially submitted its application for full membership of UNWTO on 8 September 2008. In accordance with the UNWTO Statutes this membership enters into immediate effect.

The Membership in UNWTO is part of Norway’s national strategy for the tourism industry, which highlights the importance of the further development of the sector as a vehicle for economic growth, in addition to traditional industries such as fishing, agriculture or oil.

Source: UNTWO press release>>.

USA: flight delays caused by computer breakdown

Problems with the Federal Aviation Adminstration (FAA)'s traffic management computer system at Georgia facility caused flight delays at U.S. airports on Tuesday.

An FAA Web site tracking airport status showed delays at about three dozen major airports across the country, largely centered in the northeastern U.S. The site advised passengers to "check your departure airport to see if your flight may be affected."

Source: eTurboNews; find article here>>.

"II International Tourism Law Conference": Cancun (Mexico), 30 - 31 October

.

Is already available the Page of the "II International Tourism Law Conference", that will take place at Cancun, Mexico, next October, from 30 to 31.

This event is organized by the IIJ-UNAM - the Institute of Legal Researches of the National Authonomous University of Mexico, the University of Quintana Roo and the University of the Caribbean, being sponsored by IFTTA - the International Forum of Travel and Tourism Advocates and IBCDTur - the Brazil Institute of Tourism Sciences and Law. The Organization is Coordinated by Enrique Mota Flores.

With this event, will take place the First IFTTA North-American Conference of Tourism and Travel Law, with the presence of 3 Members of the Board of IFTTA: Phil Cameron and Laurence Gore, from the United States, and Manuel David Masseno, from Portugal. The Program includes papers to be presented by other IFTTA Members as Rui Badaró, from Brazil, and Enrique Mota Flores, from Mexico.

"Aviation security rules: European Commission to increase transparency"

The majority of rules relating to aviation security will be made available to the public, the European Commission has decided today. The publication of the EU list of prohibited articles will make it easier for passengers to know what they can – and cannot – take on board an aircraft, while it increases transparency of EU rules in this domain. This decision will not change the existing legislation relating to aviation security. Rather, the primary aim is to place a significant proportion of the rules – which have until now not been officially published – into the public domain, whilst not compromising aviation security.
Information on articles that are currently prohibited from being carried by passengers in their cabin baggage or hold baggage was until now only available through airlines or airports. Due to opinion of Advocate General Sharpston in Case C-345/06 (Heinrich) the Commission was forced to find a quick solution for passengers.
The existing Commission Regulation No 622/2003/EC laying down measures for the implementation of the common basic standards on aviation security and its subsequent amendments are repealed and replaced by two legislative acts, a Commission Regulation and a Commission Decision. All those elements of the existing rules that can be placed in the public domain without adversely prejudicing aviation security are in the Regulation, whereas the Decision contains those elements which are deemed sensitive to place in the public domain. An example of what will be contained in the Decision (and thus not made public) is the minimum performance standards of security screening equipment used at airports.
Besides, the adoption of the Regulation and Decision addresses the wishes that were expressed on several occasions by the European Parliament.
The Regulation will be published in the Official Journal of the European Union (and thus available via the official website ). In addition, it will be placed on the European Commission's Transport website:
The Decision is addressed to the Member States, who will be responsible of making available the elements contained in the Decision to duly authorised persons on a 'need-to-know' basis. This respects Regulation No 2320/2002/EC establishing common rules in the field of civil aviation security which requires in Article 8 both that certain measures "shall be kept secret and not published" and that the national authorities shall make available the rules on aviation security to parties on a need-to-know basis.

Source: curia.eu and europa.eu/rapid

Stephan Keiler

Caribbean: heavy hurricane season to be expected

The National Oceanic and Atmospheric Adminstration (NOAA) revised its predictions for the 2008 hurricane season. In the August update to the Atlantic hurricane season outlook, NOAA’s Climate Prediction Center has increased the likelihood of an above-normal hurricane season and has raised the total number of named storms and hurricanes that may form. NOAA now projects an 85 percent probability of an above-normal season. The season could produce 14 to 18 named storms, including 7 to 10 hurricanes with three to six being intense (Category 3 strength or higher).

See details here>>.

USA: American Airline goes to court against displaying its fares in the net

As reported by The Dallas Morning News, American Airlines is suing the parent of meta-search Websites Kayak.com and Sidestep .com, for violating an agreement on the use of the airline's airfare content by displaying the airline's fares available through third parties. Kayak issued a statement saying that it terminated its agreement with American.

Find article here>>.

British Airways: Eurpoean top in lost luggage and flight delays?

The Times reports that due to a confidential study, British Airways loses more bags and operates more delayed planes than any other big airline in Europe. Allegedly nine passengers on every British Airways jumbo lose their bags. Last year BA lost 26.5 bags per 1,000 passengers, compared with 23 in 2006. In the first six months of 2008, 25.8 bags were mislaid per 1,000 travellers. According to the report, BA cannot lay the entire blame for its mislaid bags and delays on Terminal 5.

Find the article here>>.

USA: airline sues pilots and union over campaign

The lawsuit, filed by United Airlines in Chicago last Wednesday, seeks a preliminary injunction against the Air Line Pilots Association and four pilots claiming they had organized an effort to encourage pilots to call in sick. The airline accuses the union of conducting a "public campaign of intimidation" meant to discourage pilots from filling in for the pilots who used their sick time, "effectively engaging in a slowdown." United Airline claims such slowdowns had led to the cancellation of hundreds of flights.

Source: Intl. Herald Tribune; find article here>>.

Malaysia: travel agents fight misleading airline advertising

The Malaysian Association of Tour and Travel Agents (MATTA) has scathed "zero fares" offered by the country's two warring carriers as misleading and demand the advertisements should be banned. The "zero fares" offered are not only for limited seats, but do not include airport taxes, fuel surcharges and other "applicable" fees and taxes.
According to industry observers, the offers were a result of a price war between the country's two fiercely competing carriers, upstart AirAsia and national carrier Malaysia Airlines.

Source: eTurboNews; find article here>>.

Florida: agents challenge law on Cuba travel

A group of travel agents in Florida sued the state over a new law requiring agents who book trips to Cuba to post a USD 250,000 bond and disclose their clients' names. Earlier this month, a federal judge lifted the measure temporarily to consider the law's legality.

Before the measure was signed into law in June all travel agencies were required to pay the state a one-time USD 25,000 bond.

Despite the recent ruling, the legal battle between the travel agents and Florida lawmakers is not over: Some legal experts say the law oversteps the bounds of state authority.

Source: New York Times; find article here>>.

China: restrictions for business travelers

Government officials confirmed Thursday that visas for business people will be tougher to get during the Olympic period. Authorities have repeatedly said the security measures are needed because the games are a target for terrorism.

Now, Beijing and other Olympic cities such as Shanghai have stopped issuing official invitation letters, known as notification letters, needed for business visas until late September, unless it involves employment or executing business contracts, an official with the Beijing Municipal Bureau of Commerce said.

"We don't take in applications related to any other general business matters, such as attending conferences, visiting factories and business negotiations. Such applications will not be handled until after Sept. 20," Chen Yu said.

Source: International Herald Tribune; full article here>>.

"Blacklist of banned airlines: European Commission adopts an updated list"

As just stated by the EU Press Room, "The European Commission today adopted the eighth update of the so-called blacklist of airlines that are banned from flying into the countries of the European Union due to safety concerns. The new list, which replaces the previous one, can already be consulted on the Commission’s website [http://ec.europa.eu/transport/air-ban/]
Antonio Tajani, Commission Vice-President in charge of transport said that 'This is another important step in the continuous Commission's effort to enhance civil aviation safety, in the interest of all passengers. The Commission will pursue its cooperation and support to States, their civil aviation authorities and their airlines to ensure that the internationally agreed air safety standards are properly implemented.'."

This release is available in full text.

"The European Commission adopts its fourth report on visa waiver non-reciprocity with third countries"

According to the EU Press Room,"The European Commission has adopted its fourth report on certain third countries' maintenance of visa requirements in breach of the principle of reciprocity. The report shows that further progress towards full visa reciprocity has been achieved.
Vice-President Jacques Barrot, Commissioner responsible for Justice, Freedom and Security underlined the usefulness of the reciprocity mechanism: 'This Report clearly demonstrates that the dialogue with third countries under the new visa-reciprocity mechanism has once again proven effective, resulting in visa free travel for all our citizens to another 3 countries. The Report however also proposes retaliatory measures where insufficient progress has been achieved. It is unacceptable that nationals from some third countries can benefit from visa free travel to the EU whilst some of our fellow EU citizens can't travel visa free to those countries. This is at the heart of our visa reciprocity mechanism and I am committed to ensuring that that principle is fully respected'."

This release is available in full text.

Mexico: tax on cruise passengers postponed

Mexico's Ministry of Tourism had planned to apply a $5 head tax on cruise passengers who stop at the country's ports starting this summer but has postponed the implementation until Oct. 1. The Florida Caribbean Cruise Association, some Mexican ports and cruise lines are opposed to the tax, which supporters say will generate about $30 million annually.

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

Air Hostess Picks Up Chocolate Bar, Wins Space Trip

I thought Willy Wonka only gave away tours of the Chocolate Factory - not space...

Wed Jul 16, 11:02 AM ET

PARIS (Reuters) - A French air hostess will become one of Europe's pioneer space tourists after picking a chocolate wrapper out of the rubbish and finding a winning number in a competition to fly to the upper reaches of the earth's atmosphere.
Mathilde Epron, 32, said she had bought a Kit Kat chocolate bar at her local supermarket but initially threw the wrapper in the bin, telling herself that "it's only others who win."
Two hours later, thinking back to the competition, she decided to try her luck and fished the wrapper out of the bin, only to find a code marked inside.
"For someone who works in air travel it's really a dream come true," she told France Info radio.A spokeswoman for Nestle in France confirmed that Epron had won the prize to take a flight on a four-seater, fighter-sized aircraft built by Rocketplane, a company that builds aircraft intended to provide cheap flights into space.
She will receive four days of astronaut training in Oklahoma City in the United States before boarding the Rocketplane XP aircraft which will reach an altitude of 100 km (60 miles) and allow a five-minute experience of weightlessness.

South Africa: Tourism Services Association skeptical towards airline passenger protection

According to the Southern African Tourism Services Association (Satsa), a "balanced solution" is needed when it comes to compensating airline passengers denied permission to board a flight because it has been overbooked. There is no legislation in South Africa so far that requires compensation to be paid to a passenger who has been denied permission to board.
Satsa chief executive officer Michael Tatalias fears a Consumer Protection Act providing refund for passengers might end up attracting fewer new foreign airlines. Moreover, if a decision was "skewed" in favour of passengers, ticket prices could increase.

Source: iol.co.za; full article here>>.

Switzerland: "death tourism" unwanted

Swiss Justice Minister Eveline Widmer-Schlumpf says she would like to put a stop to the practice of people travelling to Switzerland to die. Swiss law tolerates assisted suicide when the patient commits the act and the helper has no direct interest. Several organisations offer the service, but only one group to foreigners.

The minister would like to introduce a period of reflection between the first contact made with an organisation and an assisted suicide. During this time the person would undergo counselling from the organisation or third party.

Source: swissinfo.ch; full article here>>.

Airport Laptop Searches and Anti-Counterfeiting

This is an interesting item out of the G8 meetings held this week. The G8 is looking at plans to give airports the power to scan portable media players for copyrighted material when you fly under its upcoming Anti-counterfeiting Trade Agreement. This would give custom officials the power to scan MP3 players, laptops and even mobile phones for illegally-obtained copyrighted material when passengers pass through borders. The Anti-Counterfeiting Trade Agreement Measures form part of an international agreement aimed at stamping out piracy. What next? Talk about George Orwell's 1984

Originally published in Association of Retail Travel Agents ARTA E-News For July 11, 2008

New Rules For Data On International Passengers Flying to Beijing

BEIJING, July 1 (Xinhua) - Entry and exit inspection authorities here said that a new regulation, whereby international airlines must provide them with Advance Passenger Information (API) before arrival, took effect on Tuesday.
The move would greatly accelerate the inspection process as it would allow the authorities to screen passengers before they land, said an official with the local border management agency.
He said the required information included the passenger's full name, nationality, gender, date of birth, passport validity and expiry date. Once the flight took off for Beijing, the information would be transmitted to Chinese border management agencies through a special network.
Agencies would receive and begin processing the information two hours before the flight landed at Beijing Capital International Airport. Carriers that failed to provide accurate and timely API would be fined up to 30,000 yuan (4,286 U.S. dollars) per case.

Click here for full article.

"Safer Holidays: Commissioner Kuneva welcomes new water safety guidelines"

According to the EU Press Room,"EU Consumer Commissioner Meglena Kuneva today welcomed the publication of a report entitled 'Protecting children and youth in water recreation: safety guidelines for service providers', which gives basic but crucial advice for reducing water-related accidents, particularly when it comes to children on holidays. The report was drawn up by the European Child Safety Alliance, in cooperation with the Commission and Chair of the Internal Market and Consumer Protection Committee, MEP Arlene McCarthy. Every year, there are around 200 000 swimming pool related accidents in the EU, and another 50 000 injuries related to boating and water sports. Drowning is the second highest cause of death in children and young people aged 0 to 18 years, and evidence shows that water accidents are higher amongst tourists than local residents. Most of these accidents and injuries, however, could be easily prevented through basic safety measures. Today's report contains guidelines for water recreation service providers (hotel managers, rental providers, tour operators etc.), so that they can assess and, where necessary, upgrade their water safety standards. The recommendations include: checking the risks linked to the water-related area and activity, particularly for vulnerable users such as children; providing the appropriate equipment, such as floatation devices; communicating the risks and hazards clearly; and having well-trained staff and an emergency plan in place. Specific recommendations are also set out for certain water-sports, including snorkelling, scuba diving, sailing, motor-boating and kite-surfing. The complete guidelines can be found at: www.childsafetyeurope.org"

"All-inclusive air fares just around the corner as MEP back legislation on transparency"

As stated by the European Parliament Press Service,"Air travellers will soon be able to see at a glance exactly what they have to pay for their tickets, as the European Parliament approved new EU rules. Air fares as displayed will have to include all taxes, fees and charges added to the basic ticket price and known at the time of publication. Parliament approved a deal on this legislation reached with the Council, as it takes on board the EP's key first-reading amendments."

This release is available in full text.

European Union: Commssion promotes sun protection

As the holiday seasons begins, Consumer Affairs Commissioner Meglena Kuneva and Health Commissioner Androulla Vassiliou have joined forces to help raise awareness of the dangers that excessive exposure to sunlight can cause. Last year, the Commission drew attention to the need for citizens to protect themselves against the dangerous effects of the sun, both against UV-A and UV-B radiation. Citizens should be vigilant and look out for the new sunscreen label "UVA", which stands for equal protection against UV-A and UV-B radiation.

More information here>>.

European Court of Justice: Reg. 261/2004 does not apply to return flights from third country airports into the EU

In Case C-173/07 (Schenkel v Emirates Airlines) ECJ held that Art 3 para 3 lit a of Regulation 261/2004/EC must be interpreted as not applying to the case of an outward and return
journey in which passengers who have originally departed from an airport located in the territory of a Member State to which the EC Treaty applies travel back to that airport on a flight from an airport located in a non-member country. The fact that the outward and return flights are the subject of a single booking has no effect on the interpretation of that provision.
In ECJ's view to regard a ‘flight’ within the meaning of Article 3(1)(a) of Regulation No 261/2004 as an outward and return journey would have the effect of reducing the protection to be given to passengers under the regulation: passengers departing originally from an airport located in a Member State could claim the benefit of that protection only once if they were to suffer the same damage on the outward and the return legs, Passengers who had originally departed from an airport located in a non-member country would not be able to enjoy the protection provided by Regulation No 261/2004.

Full text of judgement available here>>.

Decision reported to IFTTA by Stephan Keiler.

France: judge orders US airline to stand trial for Concorde crash

A French judge has ordered Continental Airlines and five individuals to stand trial on charges arising from the crash of an Air France Concorde that killed 113 people in 2000. The defendants include two employees of the U.S. carrier, two employees of Aerospatiale, the company that made the supersonic Concorde, and a French aviation official. All are charged with manslaughter.

The crash in 2000 was a factor in the subsequent decision to remove all Concorde jets from service three years later.

Source: eTurboNews; find article here>>.

"Aviation to be included in the European Trading System from 2012 as MEPs adopt legislation"

As stated by the European Parliament Press Service, "MEPs adopted legislation on including aviation in the EU Emissions Trading System (ETS), all flights starting and/or landing in Europe (including intercontinental flights) to be included in the ETS from 1 January 2012. The reduction target to be calculated on the basis of airlines' average annual emissions between 2004-2006: in the first period (2012), airline emissions to be cut by 3 percent based on an historic average; emissions will be reduced by 5% in 2013 compared to the historic average."

This release is available in full text.

"Europe and US sign aviation agreement to improve safety and cut costs"

According to the EU Press Room, "As of today, aviation relations between the European Community and the United States will be further strengthened through an agreement on aviation safety. Thanks to the mutual recognition of aviation safety certificates, the agreement will result in better harmonised safety systems on both sides of the Atlantic, as well as less cumbersome technical and administrative procedures for the recognition of certificates. It is expected that this will entail further improvement in safety levels and reduce costs by several millions of euros every year for European and US manufacturers alike. These savings should in turn be reflected in fares for passengers."

This press release is available in full text.

European Union: Court of First Instance partly annuls Commission's decision on aid paid to Olympiaki Aeroporia Ypiresies

Following the terrorist attacks of 11 September 2001, the Commission adopted a Communication on their repercussions on the air transport industry. In that communication, the Commission considered that, having regard to the exceptional nature of the events of 11 September, the State aid provisions could authorise, under certain conditions, compensation for costs caused by the closure of American airspace for four days (from 11 to 14 September 2001) and for the extra cost of insurance.
In 2002, the Greek authorities sent the Commission the detailed calculations of the compensation in favour of Olympiaki Aeroporia Ypiresies. It related to revenue lost in respect of the carriage of passengers and goods, the costs of destruction of sensitive goods, the additional costs of security checks, the costs of recalling an Athens to New York flight on 11 September 2001 and of cancelling the return flight, the costs of the landing and stay at Halifax (from 11 to 15 September 2001) of a flight the original destination of which was Toronto, the costs of extra repatriation flights (‘ferry flights’) on 18, 20 and 26 September 2001 and, finally, the costs connected with the additional hours worked by staff and the costs of additional security. The amount of EUR 4 827 586.21 was paid to Olympiaki in July 2002.
In 2006, at the conclusion of a formal investigation procedure, the Commission decided that the State aid was compatible with the common market as regards the compensation paid for the period from 11 to 14 September 2000 up to a maximum amount of EUR 1 962 680. On the other hand, the Commission considered that the cancellation of the flights of 15 and 16 September 2001 and the ‘ferry flights’ were but indirect repercussions of the terrorist attacks. It also ordered the recovery of any amount of aid paid in excess of EUR 1 962 680.
On the other hand, the Commission considered that the cancellation of the flights of 15 and 16 September 2001 and the ‘ferry flights’ were but indirect repercussions of the terrorist attacks. It also ordered the recovery of any amount of aid paid in excess of EUR 1 962 680.
Olympiaki applied to the Court of First Instance for the annulment of the Commission’s decision in so far as it fixed the maximum amount of compensation compatible with the common market at EUR 1 962 680. It challenged the determination that no loss which arose after 14 September 2001 had a causal connection with the terrorist attacks of 11 September.
The Court of First Instance notes that the existence of a direct connection between the exceptional occurrence and the damage caused does not presuppose that they occurred at the same time.
The Court of First Instance annuls the Commission’s decision in so far as it concerns the compensation for the cancellation, on 15 September 2001, of the flight to Toronto, on the ground that the evidence on which the Community institution relied in order to substantiate the lack of a causal connection did not justify its determination. Further, the Court of First Instance annuls for failure to state reasons, the Commission’s decision in so far as it concerns the losses suffered by Olympiaki, first, on its network apart from the North Atlantic and Israel (about EUR 1 212 000) and, second, lost revenue amounting to about EUR 500 000 in respect of the carriage of goods and other costs incurred.

Source: European Court of First Instance press release>>.

European Court of Justice: Costs of disposing of waste from a sinking oil tanker from coastline and beaches to be imposed on producer

The Italian company ENEL concluded a contract with Total International Ltd for the supply of heavy fuel oil from Dunkirk (France) to Milazzo (Italy). To carry out the contract, Total raffinage distribution, now Total France SA, sold the heavy fuel oil to Total International Ltd, which chartered the oil tanker Erika, flying the Maltese flag. On 12 December 1999 the Erika sank off the coast of Brittany (Finistère, France), spilling part of her cargo and oil from her bunkers into the sea and causing pollution of the Atlantic coastline of France.
The municipality of Mesquer brought proceedings against the companies in the Total group for reimbursement of the cost of cleaning and anti-pollution operations on its coastal territory, relying on the Waste Directive. The municipality claimed that the hydrocarbons accidentally spilled at sea constituted waste within the meaning of the directive, so that the companies Total International Ltd and Total France should be liable for the cost of disposal, in their capacity as ‘previous holders’ or ‘producer of the product from which the waste came’ respectively.
The Court considers that the heavy fuel oil carried by the ship is not ‘waste’, as it is exploited or marketed on economically advantageous terms and is capable of actually being used as a fuel without requiring prior processing. However, such hydrocarbons spilled in connection with a shipwreck, mixed with water and sediment and drifting along the coastline of a Member State until being washed up on shore, must be regarded as substances which their holder did not intend to produce and which he discards, albeit involuntarily, while they are being transported, so that they must be classified as waste within the meaning of the directive.
The Court recalls that the Waste Directive provides, in accordance with the ‘polluter pays’ principle, that that cost must be borne by the ‘previous holders’ or the ‘producer of the product from which the waste came’. The shipowner may be regarded as having produced the waste and on that basis be classified as a ‘holder’ within the meaning of the directive. However, the national court may consider that the seller of hydrocarbons and charterer of the ship carrying them has ‘produced’ waste if it finds that the seller-charterer contributed to the risk that the pollution caused by the shipwreck would occur. If, however,the national law of a Member State, including the law derived from international agreements, prevents that cost from being borne by the shipowner and the charterer, even though they are to be regarded as ‘holders’, such a national law will then have to make provision for that cost to be borne by the ‘producer of the product from which the waste came’, if he has contributed by his conduct to the risk that the pollution caused by the shipwreck will occur.

Source: ECJ press realease>>.

USA: cruise safety bill rejected

A California state Assembly committee Tuesday rejected a bill strongly opposed by cruise companies that would have placed peace officers on passenger ships sailing from California ports.The bill already had been approved by the state Senate but failed to move past the Assembly's Public Safety Committee on concerns that it would create a jurisdictional and legal mess.
It would have been the most stringent regulation in an industry that victim-rights advocates contend is governed by a vague web of federal and international rules that allows crime and crime reporting to fall through the cracks.

Source: LA Times; find article here>>.

USA: Lawmakers discuss crimes on cruise ships

As reported by Los Angeles Times the Assembly Judiciary Committee in California voted 7 to 1 on Tuesday in favor of a bill to place peace officers aboard cruise ships, bringing the legislation closer to a full vote in the chamber; it has already passed the state Senate.

Meanwhile, in Washington, a U.S. Senate subcommittee will hold its first hearing on the issue Thursday, a possible precursor to federal legislation to tighten crime reporting requirements.
Currently, cruise ships are not required to have law enforcement on board and there is only a voluntary agreement in place to report the most serious crimes, such as homicide and rape, to the FBI.

Read article here>>.

USA: rental car companies charge disproportionate gas prices at airports

A USA TODAY survey of eight car rental companies found prices of $7.99, or $8, a gallon at 10 airports surveyed. The prices were levied upon renters who return a car without a full tank of gas or don't prepay for a full tank at the car rental company's set price. The biggest rental car companies charge the most when customers don't refuel a vehicle or agree to the prepay option.

These high charges became controversial in Maryland last week when the state's attorney general, Douglas Gansler, announced that rental car companies operating in the state had agreed to lower their gas prices after the state threatened to fine or sue them.

Source: USA TODAY; find full article and survey chart here>>.

UNTWO: Secretary-General Francesco Frangialli to Step Down at Beginning of 2009

Addressing the Executive Council of the UNWTO, Francesco Frangialli announced that he would be stepping down at the beginning of 2009 to allow for a smooth transition before the normal end of his final term of office. He reflected on the main structural achievements during this period:

• The creation of a universally accepted system of Tourism Satellite Accounts (TSA) to accurately measure the impact of tourism in national economies.
• The adoption of the Global Code of Ethics for Tourism which had been recognized by the UN General Assembly as the basis for responsible tourism.
• The placing of tourism as a key element in the international agenda for sustainable development and the achievement of the UN Millennium Development Goals.

Source: UNWTO press release>>.

Iceland: Europe’s largest national park established

Iceland’s Vatnajokull National Park is Europe’s largest national park, Icelandic Enviroment Minister Thorunn Sveinbjarnardottir proclaimed last Saturday. Vatnajokull National Park includes Europe’s largest glacier in its entirety, some land bordering it as well as land previously belonging to two discontinued national parks. The initial size of the national park is 12,000 square kilometers, which authorities hope to increase to 15,000 square kilometers within the next couple of years.
Critics of the park’s funding say that the government has not made enough money available for this important but giant project. Further, they say the money is incorrectly spent. Instead of improving access to the national park or paying salaries, most of the money is allocated to the construction of four new visitor’s centers.

Source: eTurboNews; read full article here>>.

USA: ACTE and EFF seek reversal of laptop seizure decision

The Association of Corporate Travel Executives (ACTE) and the Electronic Frontier Foundation (EFF) have filed an amicus brief with the 9th United States Circuit Court of Appeals seeking to rehear and reverse a flawed decision allowing random and invasive searches of travellers’ computers (and other electronic devices) at U.S. borders. A previous ruling by the U.S. Supreme court gives U.S. Customs & Border Protection Service officials blanket authority to inspect all electronic devices, examine the contents, copy them, or seize the unit as they see fit. Suspicion of a crime need not be a factor in the decision.
The amicus brief jointly filed with the Electronic Frontier Foundation is the second such effort for the two organizations. On 19 June 2007, a previous brief was filed on behalf of all travellers who would be subject to these searches and seizures crossing U.S. borders. This second amicus brief may get a better reception as Congress has taken an intererst in the issue. The Senate Committee on the Judiciary has scheduled a hearing before the Subcommittee on the Constitution regarding “Laptop Searches and Other Violations of Privacy Faced by Americans Returning from Overseas Travel” for Wednesday, 25 June 2008.

Source: ACTE press release>>.

USA: Rhode Island repealed agency licensing and bonding law

Rhode Island Gov. Donald Carcieri signed a bill on Friday repealing the state’s 32-year-old travel agency licensing and bonding law. It had been the first state law in the U.S. to require either agency licensing or bonding. The law was repealed to save money at the state level and because there are now so few agents to regulate in the smallest U.S. state.

Source: Travel Weekly; full article here>>.

"State aid: Commission launches in-depth investigation into €300 million loan granted to Alitalia by the Italian State"

According to the E.U. Press Room, "The European Commission has decided to launch an in-depth investigation to ascertain whether the loan granted to Alitalia by the Italian State is compatible with the Community rules on state aid. At this stage, the Commission believes that the loan - which the Italian company has the option of incorporating into its equity capital- could constitute aid that is incompatible with the common market. The investigation will give all the interested parties the opportunity to submit their comments."

This Press Release is available in full text.

UK: Federation of Tour Operators calls for financial protection for all air travellers

Many Silverjet customers face applying as unsecured creditors to the airline’s adminstrator, while others who booked flights as part of a package will be protected.
Following a long drawn out review, in April this year the £1 per passenger Air Travel Organisors' Licensing Protection Contribution arrangements began as a financial contribution used to pay for repatriation costs and refunds from the Air Travel Trust Fund for customers of any failed tour operator.
The FTO argued strongly that the opportunity should be seized to widen the scheme to include customers of airlines, but regrettably this was rejected by the Government following strong lobbying by some airlines. Events before and since have shown that airline customers badly need comparable protection to customers of tour operators, and in turn tour operators deserve a level playing field to compete fairly with airlines, given the increasingly blurred and irrelevant line between a ‘package’ and separate air and hotel bookings.

Source: FTO; find full statement here>>.

Italy: significant decrease in night train travelers

As reservations for sleeping cars went down more than 45 percent from 2001 to 2007, Italian railway company "Trenitalia" announced to cease overnight railway services on the lines from Rome and Venice to Nice. However, consumer associations claim the enormous decrease at some extent was caused by bad quality of service: sleeping cars were often uncomfortable and sometimes even dangerous. The railway company by contrast blames low cost carriers for the trend.

Source: "Il Giornale"

DHS Announces Pre-Travel Authorization for U.S.-Bound Travelers -Visa Waiver

Washington – The U.S. Department of Homeland Security announced today the Interim Final Rule for the Electronic System for Travel Authorization (ESTA), a new online system that is part of the Visa Waiver Program and is required by the Implementing Recommendations of the 9/11 Commission Act of 2007.
“Rather than relying on paper-based procedures, this system will leverage 21st century electronic means to obtain basic information about who is traveling to the U.S. without a visa,” said Homeland Security Secretary Michael Chertoff. “Getting this information in advance enables our frontline personnel to determine whether a visa-free traveler presents a threat, before boarding an aircraft or arriving on our shores. It is a relatively simple and effective way to strengthen our security, and that of international travelers, while helping to preserve an important program for key allies.”
Once ESTA is mandatory, all nationals or citizens of visa waiver countries who plan to travel to the United States for temporary business or pleasure under the VWP will need to receive an electronic travel authorization prior to boarding a U.S.-bound airplane or cruise ship. The requirement will go into effect next year and does not affect U.S. citizens traveling overseas.

Source: DHS Newsroom; full text here>>.

UK: Office of Fair Trading warns holidaymakers of bogus holiday clubs

The OFT is warning holidaymakers flying out to Spain about the dangers of bogus holiday club scams which cost UK consumers millions of pounds a year. Research has shown that this is a peak time for consumers being targeted by bogus holiday clubs, with the average victim losing over £3000. Every year thousands of UK consumers fall for this type of scam at resorts such as Benalmadena, Fuengirola and Marbella on the Costa del Sol, and in the Canary Islands. Consumers are typically targeted by 'scratchcard touts' who hand out bogus winning cards to holidaymakers. To collect their prize they are forced to attend a lengthy presentation and persuaded into signing a contract for an 'exclusive' club on the basis of false claims as to the price, range and quality of holidays available. After spending thousands of pounds, consumers often find they have bought little more than access to an internet booking service offering the same service they could get at a high street travel agent.

Source: OFT press release; full text here>>.

"China Lists Dos and Don’ts for Olympics-Bound Foreigners"

As reported by Keith Bradsher, at The New York Times, "Do not bring any printed materials critical of China. Do not plan on holding any rallies or demonstrations in China. Do not think that you are guaranteed an entry visa because you hold tickets to an Olympic event. And do not even think about smuggling opium into China.
That is some of the eclectic advice issued by the Beijing Organizing Committee on Monday, in a document listing 57 questions that foreign visitors to the Olympic Games in August may have: 'Does China have any regulation against insults to the flag or national emblems?' 'After eating or drinking at restaurants or hotels, if you have diarrhea or vomiting symptoms, how do you lodge a complaint?'
The advisory to foreigners, posted on the committee’s Web site, but only in Chinese, provides answers for each question in a deadpan style. (Burning or soiling the Chinese flag or emblems is a criminal offense; food poisoning symptoms are to be reported to the local health department.) Some of the rules, like a ban on religious or political banners or slogans at Olympic sites, appear aimed at preventing protests of China’s crackdown in Tibet this year and other Chinese policies." Read more>>

European Court of Justice: Directive on ship-source pollution providing for penalties in the event fof accidental discharges remains valid

Organisations representing substantial proportions of the maritime shipping sector brought an action before the High Court of Justice of England and Wales regarding the implementation in the United Kingdom of the directive on ship-source pollution and the introduction of penalties for infringements. They argued that by establishing a stricter liability regime for accidental discharges two provisions of the directive did not comply with the United Nations Convention on the Law of the Sea and the International Convention for the Prevention of Pollution from Ships (the Marpol Convention).
The national court requested the Court of Justice to rule on whether the provisions of the directive are compatible with the two international treaties (Case C-308/06 - Intertanko).
The Court noted that the Community institutions are bound by international agreements concluded by the Community and that international treaties therefore have primacy over secondary Community legislation. Consequently, the validity of, inter alia, a directive may be affected by a failure to comply with international rules.
With regard to the Marpol Convention, the Court observed that the Community is not a party to this Convention. The mere fact that the directive incorporates certain rules set out in it is not sufficient to enable the Court to review the directive’s legality in the light of the Convention.
With regard to the Convention on the Law of the Sea, the Court observed that this Convention has been signed by the Community and approved by a Community decision, thereby binding the Community. However, the Convention does not establish rules intended to apply directly and immediately to individuals. It does not confer upon them rights and freedoms capable of being relied upon against States, irrespective of the attitude of the ship’s flag State. Consequently, the nature and broad logic of the Convention on the Law of the Sea prevent the Court from being able to assess the validity of a Community measure in the light of that Convention.

Source: ECJ press release 35/08 of 3. June 2008.

Germans equalise with penalty gibe in a shootout over sun loungers and clichés.

The TimesOnline from today, in a citation from Bild, Germany’s mass circulation newspaper, relate in an ominous sign that Britain and Germany are cranking up for another summer of poolside conflict. The journalist Roger Boyes, from Berlin who wrote the article, got a picture between Britain and Germany in travel relation. In spite of the sensitive issue the article brings relevant information about the rules and also cite the opinion from an expert in German holiday law Uta Stenzel who said: Even if the travel company announces in the brochure that the resort is ‘favoured by Germans' the tourist has to accept the possibility that he will spend his holidays with up to 90 per cent foreigners – above all with the English.”

Find full article here "TimesOnline"

German BGH: Reg. 261/2004 doesn't provide claims against tour organizer

In a recent decision (X ZR 49/07 of 11.03.08) German Civil Supreme Court (BGH) held that in case of flight cancellation or denied boarding a passenger cannot claim for compensation against the tour organizer under Reg. 261/2004. Compensation claims granted by this Regulation were solely directed against the operating air carrier. BGH saw no reason for doubt in so far and therefore no necessity for preliminary ruling by the European Court of Justice.

Text of BGH decision avialable in German here>>.

California: Cruise industry urges agents to oppose bill

CLIA is calling on travel agents to mobilize and vocalize against a bill in the California legislature that would mandate that the state's "ocean rangers" board cruise ships as they enter and exit the Golden State's waters, according to CLIA president and CEO Terry Dale at Travel Trade's 26th Annual CRUISE-A-THON .
Dale's message was echoed by Celebrity Cruises president Dan Hanrahan, in his featured address at the conference. Hanrahan said that proposed legislative and regulatory actions, such as the California bill, are redundant and an obstacle to the cruise industry's growth.

Source: Travel Trade; full article here>>.

USA: DOT imposing new rules on airlines

Department of Transportation (DOT) plans to require airlines and travel agents to disclose fees many airlines have imposed to check a second bag "in their Internet and print ads and before anyone purchases a ticket."
DOT also issued a final rule that requires carriers to "to report new and more complete data on the time passengers spend on the tarmac." Prior to the rule, carriers were not required to report complete delay information, including instances when planes depart the gate more than once, flights are cancelled after leaving the gate or flights are diverted to another airport. "Passengers should know whether it will take as long for their flight to get to the runway as it will to land at their destination," U.S. Transportation Secretary Mary Peters said.

Source: BTN Online; full article here>>.

Kenya: tourism draft law under fire

After completing their tourism policy two years ago, which seems to have taken much inspiration from the generally considered visionary Ugandan tourism policy document, the next stage of development, a new tourism draft law seems to have drawn sharp criticism from the private sector. A consultative committee was therefore put into place to iron out the differences between those who presented the latest draft version and the private sector.
Private sectors across Eastern Africa are now better organized and have learned from each other’s experiences, and an informed Kenyan private sector promptly spotted the anomalies in the latest draft of the law.

Source: eTurbo News; full article here>>.

USA: Senators object to TSA passenger fee to pay for explosives detectors

The head of the Transportation Security Administration says a proposed passenger surcharge will raise $400 million for modernizing airport security, even as critics faulted the modernization efforts. TSA Administrator Kip Hawley told the Senate Commerce, Science and Transportation Committee on Tuesday the four-year, 50-cents-per-flight fee would pay for explosives detectors that would eventually screen all baggage checked on commercial airliners.

But the surcharge drew opposition from lawmakers, particularly Sen. Ted Stevens, R-Alaska, who complained that many Alaska residents take frequent, multileg flights to get around their state. The fee is capped at $1 per day — exempting passengers who take more than two flights daily — but Stevens said it could have an economic impact on his state.

Source: Federaltimes.com; full article here>>.

Dengue Fever still a widespread threat

In some nations, such as Cambodia, the threat of dengue hemorrhagic fever is fairly obvious, but travelers should be aware that the disease can be found all over the globe, including the U.S. In recent years, dengue fever has spread rapidly in subtropical and tropical climates. In addition to Cambodia, recent epidemics have been experienced in Costa Rica, India, Malyasia, Thailand, Indonesia, the Philippines and Vietnam. Also, outbreaks have occurred throughout the Western Hemisphere including in the Caribbean islands, Mexico, Puerto Rico and Venezuela. The New York Times (5/13)

UK: CAA reminds travel industry of consumer protection in air package sale

The Civil Aviation Authority (CAA) has today written to more than 100 travel businesses in the UK that it believes may be continuing to sell air packages without the protection of an Air Travel Organisers’ Licence (ATOL).
In January this year, the Department for Business Enterprise and Regulatory Reform (BERR) issued guidance on what constitutes a package for the purposes of the Package Travel, Package Holidays and Package Tours Regulations 1992. This guidance was prepared in conjunction with other interested UK government departments and was supported by the main travel trade associations in the UK.
Since the publication of the guidance, the CAA, which administers the ATOL)protection scheme, has been in discussion with both current licence holders and large travel companies that it believes need to hold an ATOL in accordance with the terms of the new guidance. As a result, there has been an increase of more than 400,000 protected seats added to ATOL licences.
In addition, the CAA has continued to investigate other travel firms that may need an ATOL and the letter, which is being sent to them today, sets out the legal position and invites them to apply for a licence. Further information about ATOL is available on the ATOL website at www.atol.org.uk.

Source: CAA; full article here>>.

Belize: agreement to balance cruise ship tourism and conservation

Members of Belize’s cruise tourism industry on Monday signed a Declaration of Commitment, in which key industry stakeholders - including government, private sector, civil society (NGOs) and the cruise lines – commit to create sustainable cruise tourism practices, such as protecting coral reefs. The commitment is the second such environmental agreement developed for Caribbean passenger cruise line destinations by Conservation International’s (CI) Mesoamerican Reef Tourism Initiative (MARTI). It is also the first to address considerations by an established nature tourism destination and will likely serve as a model for cruise line travel destinations around the world.

Source: EurekAlert!; find full article here>>.

USA: priviledged classes at airport security?

Homeland Security Secretary Michael Chertoff went to Baltimore-Washington International Airport two weeks ago to inaugurate a program called Checkpoint Evolution. It introduces 600 “whole-body imagers” that replicate, in schematic 3-D, everything a passenger is hiding under his or her clothing — not only hypothetical daggers, pistols, knuckle dusters and cocaine but also actual moles, scars, sores, nipples and genitalia. And all of it so vividly that the A.C.L.U. calls the imagers “virtual strip-search” machines. But Checkpoint Evolution is about comfort as well as security. Pleasant music, better lighting and open spaces are supposed to change the airport-security experience “in a way that lowers the general stress level,” Chertoff said. He failed, however, to mention a thing about checkpoints that drives stress levels to insurrectionary heights: the segregated security lines that certain airports and airlines permit. Many first- and business-class passengers, as well as frequent fliers, zip right to the metal detectors while coach passengers snake through lines for waits than can exceed half an hour. If Americans will put up with that, they’ll put up with being seen naked.

Source: New York Times; full article by Christopher Caldwell here>>.

Guarded gates for Malaysian travelers?

Malaysian travelers may soon face the unpleasant prospects of being barred from entering European countries because of the increase in arrests due to crimes.
The 90-day free visa access in European countries that Malaysians are now entitled under the Schengen Agreement may now be in jeopardy following reports of increasing numbers of Malaysians arrested or are in jail in China, Taiwan, the US and even South America.

Source: eTurboNews; full article available here>>.

"Consumers: 50% of misleading airline websites corrected"

According to the EU Press Room, "EU Consumer Commissioner Meglena Kuneva today published the mid term report on an EU wide enforcement investigation - involving 15 EU national authorities as well as Norway – against misleading advertising and unfair practices on airline ticket selling websites. The report shows that there are 'serious and persistent consumer problems' throughout the airline industry as a whole. 1 in 3 websites surveyed (137 out of 386 originally checked by the 13 reporting countries) have had to be followed up with enforcement action over the last 7 months for breaches of EU consumer law. Over 50% of those websites have been corrected during this time.
'It is unacceptable that 1 in 3 consumers going to book a plane ticket online is being ripped off or mislead and confused", said EU Consumer Commissioner Meglena Kuneva. This report shows there are serious and persistent problems with ticket sales throughout the airline industry as a whole. I intend to work with Member States to do everything possible to wrap up this investigation by May 1st next year. But these findings send a political signal we cannot ignore. I hope operators have now realised the determination of the Commission to act on behalf of consumers where it is necessary. My message to industry is clear, act now or we will act. We will need to see credible evidence of improvement to clean up these sales and marketing practices within the airline sector by May 1st next year or we will be left with no choice but to intervene.'."


This Press Release is available in full text.

Florida: Woman sues Norwegian Cruise Line over dining issue

A California woman sued NCL, alleging the Miami-based cruise operator failed to disclose it may be impossible to get reservations at specialty restaurants for those passengers not booked in the upscale cabins that get priority access.
The suit filed in U.S. District Court Monday by Fort Lauderdale attorney Paul M. Hoffman seeks refunds for the cruise and incidental costs for Eva Gularte, her sister and mother, for a voyage on the Norwegian Star, plus attorney's fees. It seeks class-action status for all NCL passengers who had similar problems in the past three years.

Source: Miami Herald; read full article here>>.

California: Assembly adopts airline passenger bill of rights

California lawmakers last Thursday approved legislation requiring airlines to provide passengers with food, water, lights, air and working toilets when they're stuck on airport tarmacs for long periods of time.The measure cleared the Assembly by a 54-16 vote, with critics challenging whether California has the authority to regulate airlines. It now goes to the Senate.
The law applies to California airports and is modeled after a New York law struck down by a federal appeals court in March. The 2nd U.S. Circuit Court of Appeals sided with the airline industry and ruled that only the federal government had the authority to pass regulations governing airlines.

Find full mercurynews.com-article here>>.

"Aviation Security: European Commission avoids undue operational complications and inconvenience for passengers on cabin baggage size"

As stated by the EU Press Room, "Initial plans to set legal limits at European level to the size of carry-on cabin baggage in airplanes have been withdrawn by a Regulation which comes into force today. In October 2006, security experts initially advised the European Commission to limit the maximum permitted size of cabin baggage throughout the EU to 56 cm x 45 cm x 25 cm. However, introduction was delayed pending in-depth studies and analysis ordered by the Commission. In its efforts to focus only on the most efficient security measures, the Commission considers that the effectiveness of this measure does not justify the additional costs and inconvenience to airline passengers."

This Press Release is available in full text.

Egypt: smuggled ancient artifacts recovered

Egypt's Minister of Culture announced last that the Supreme Council of Antiquities (SCA) stopped in the last hour the sale of two ancient Egyptian objects in London and Holland, in an attempt to save Egypt’s illegally smuggled heritage. He stated that one of the objects is an inscribed relief removed from a wall in the 26th Dynasty tomb of Mutirdis in Asasif on Luxor’s west bank, and was meant to be put on sale Thursday, May 1st at Bonhams, an auction house in London.
The relief om the tomb of Mutirdis appeared in Bonhams’s sale catalogue one week ago. In response, Hawass sent an urgent letter to Chantelle Waddington of Bonhams asking for the sale of the relief to be stopped, as it was stolen and smuggled from Egypt.
In collaboration with Egypt’s ambassador to Holland, a 19th Dynasty green ushabti figure of a woman called Hener was taken out of an auction sale, and will be returned to its homeland. This ushabti figure was stolen from a Saqqara storehouse and is now at the Leiden Museum awaiting its journey back to Egypt after the issuance of Amsterdam’s court verdict.

Source: eTurboNews; find full article here>>.

"Airport slot allocation: The Commission clarifies the existing rules"

According to the EU Press Room, "The European Commission today adopted a Communication on the application of the slot allocation Regulation. The Communication clarifies a number of issues in order to ensure a better implementation of the existing rules and to improve the efficient use of scarce capacity at congested Community airport. In particular, it signals the acceptance of 'secondary trading' of airport slots between air carriers.
Jacques Barrot, Vice-President of the European Commission, said 'At crowded airports, we need to make sure that slots are used as efficiently as possible and that airlines have a fair chance to develop their operations. Slots at airports must be distributed in a fair and non-discriminatory way. Today we are recognising for the first time that secondary trading is an acceptable way of allowing slots to be swapped among airlines. We will keep a close eye on the situation across Europe and ensure that secondary trading works to the advantage of consumers, but this system has already shown its value in London, where it has allowed a range of airlines to take advantage of the opportunities provided by the EU-US aviation agreement and to create new levels of competition.'."

This Press Release is available in full text.

"Crimes Against Tourists"

As reported by Kotie Geldenhuys, at the Servamus, "South Africa is a country with many tourist attractions. Local as well as foreign tourists enjoy the sunny, pleasant climate that South Africa offers. Not only do they visit the many wildlife sanctuaries, indigenous forests and wilderness areas, they also enjoy the unspoilt landscapes and golden beaches of this paradise. Unfortunately in every paradise there is a snake, and the snake in this paradise is crime." Read more>>

Philippines: kidney transplant 'tourism' banned

The Philippines today announced a ban on kidney transplants involving overseas patients in an effort to stamp out the murky organ trade, which preys on some of the country's most vulnerable and impoverished people.
The thriving "transplant tourism" trade made the Philippines one of the world's cheapest places for wealthy foreign patients seeking to buy a new kidney.
Organ sales are illegal in the Philippines. But in each of the past few years, as many as 500 foreign patients, including Britons, received kidney transplants, the vast majority of them from people who were not relatives. The Philippines became a transplant "hotspot" after China and Pakistan, among the world's largest sources of donated kidneys, adopted tough measures to curb organ sales.

Source: guardian.co.uk; full article here>>.

"European Community strengthens aviation relations with Australia"

As stated by the EU Press Room, "Today, the European Union and Australia signed an aviation agreement which allows European airlines to fly between any EU Member State and Australia. 'I welcome this important step in the EU's air transport relations with Australia,' said Jacques Barrot, Vice-President in charge of transport. 'This will pave the way for a comprehensive aviation agreement involving cooperation in key aviation areas such as competition, safety and the environment.'
The horizontal agreement signed today removes nationality restrictions in the bilateral air services agreements between EU Member States and Australia and therefore allows any EU airline to operate flights between any EU Member State where it is established and Australia. This agreement acknowledges the existence of the European single market for air transport in the relations between the EU and Australia. It demonstrates that there is an external dimension of the single market for air transport. The agreement recognises that airlines in the EU are not any longer national airlines but Community airlines."

This Press Release is available in full text.

USA: $210M settlement in airline price fixing is approved

An agreement by two British-based airlines to pay roughly $210 million to settle a massive price-fixing lawsuit met with tentative approval from a federal judge on Friday.
The class action lawsuit, which accused the carriers of colluding to gouge trans-Atlantic passengers with fuel surcharges, was brought on behalf of 5.1 million passengers who bought airplane tickets in the United Kingdom and another 2.1 million passengers who purchased tickets in the United States.
U.S. District Court Judge Charles Breyer in San Francisco granted tentative approval for British Airways PLC and Virgin Atlantic to refund one-third of the surcharge paid by each of the airlines' passengers between Aug. 11, 2004 and March 23, 2006. Breyer has scheduled a hearing to make his decision permanent on Sept. 12.
Similar price fixing class action lawsuits against other carriers are pending.

Source: Associated Press/Google; full article available here>>.

China: Passenger train collision kills 70

A high-speed passenger train jumped its tracks and slammed into another train in eastern China on Monday, killing at least 70 people and injuring more than 400 in China's worst train accident in a decade. Authorities were quoted as saying that human error was to blame.

The death toll could rise, with 70 people hospitalized in critical condition after the pre-dawn crash in a rural part of Shandong province, the official Xinhua News Agency said.
It said a total of 420 people had been hurt. No foreigners were among the dead. Injured survivors included four French nationals, a Chinese national sailing coach and a 3-year-old boy.

Source: Yahoo News. Full article here>>.

UNTWO: Renewing Capacity for Tourism Development

UNWTO is actively supporting African destinations which have the capacity to renew their tourism development after having recently suffered from internal crisis or terrorist attacks. These efforts coincide with the overall support provided by the United Nations to foster social and economic stability in the region.

UNWTO Secretary-General Francesco Frangialli is currently visiting African countries (Côte d'Ivoire and Mauritania) to demonstrate the Organizations’ commitment to help re-launch their tourism development potential.

Source: UNTWO press release>>.

USA: Federal Court decision supports traveller laptop seizures

The Association of Corporate Travel Executives (ACTE) has issued a warning to its members worldwide – and to all business travellers – to limit proprietary information on laptop computers when crossing U.S. borders, and to eliminate any personal data, including photographs, finances and email that you do not want examined by Border Protection authorities. The warning follows a decision by a federal appeals court on 21 April 2008 giving customs officials the unfettered authority to examine, copy, and seize travellers’ laptops – without reasonable suspicion!

Source: ACTE press release of 23.04.2008>>.

Decision of 9th Circuit Court of Appeals available for download here>>.

USA: Private tourism sector opposes responsibilty for national security

The National Tour Association voices its opposition to the U.S. Department of Homeland Security proposal calling for airlines and cruise lines to collect biometric information, including fingerprints, from foreign travelers departing the United States.
The International Air Transport Association has condemned the proposal, stating that border protection and immigration are government responsibilities. NTA supports IATA and will be enlisting the support of other segments of the travel and tourism economy. Already, the United Motorcoach Association and the American Bus Association have signed on in support.

Source: NTA; full text here>>.

Russia: end to space tourism in 2010

On Cosmonaut's Day (April 12th 2008) the Russian Federal Space Agency (Roskosmos) announced that they will cease it's $40,000,000-a-flight space tourism enterprise.

Read full article here>>.

Hawaii: Aloha Pilots Seek Court Injunction

The Aloha Airlines pilots, represented by the Air Line Pilots Association, Int'l, (ALPA), filed a complaint in U.S. Bankruptcy Court today seeking injunctive relief against the airline. ALPA asserts that Aloha Airlines management's total disregard for pilots' collective bargaining agreement during the past few weeks has triggered a "major dispute" under the Railway Labor Act, which governs airline contract negotiations. ALPA seeks an order from the Court to force Aloha Airlines to comply with its contract.

ALPA will continue efforts to resolve the major dispute with management, but if no agreement is reached by 12:01 a.m. on Saturday, April 26, 2008, ALPA and the Aloha pilots may, after following all of ALPA's internal preliminary procedures, strike any or all of Aloha's operations.

Source: eTurboNews; read full article here>>.

China: Turnabout pilots lead to big fine

A Chinese airline has been stripped of routes and given a large fine after some of its pilots turned back flights amid suspected industrial unrest. China Eastern Airlines was punished by the country's civil aviation authority after the incidents earlier this month.
The carrier had claimed that the flights had returned to Kunming airport after take-off due to bad weather but later admitted a "human element". Pilots had been demanding better pay, hours and working conditions.
Fining China Eastern 1.5 million yuan ($215,000; £108,000) and giving some of its routes within Yunnan province to rival airlines, the carrier was told to punish those responsible and uphold safety.

Source: BBC; Fina full article here>>.

Missing airline baggage up 25 pct in 2007

Airline passengers suffered more delays than ever in retrieving their luggage last year as 42 million bags went missing, 25 per cent more than in 2006, according to a report issued on Thursday.
Of these, 3 percent or one bag for every 2,000 travellers, were never found, said the report from the Geneva-based SITA organisation which provides computerised services including baggage handling to the air travel industry.
SITA said the overall cost to carriers of mishandled baggage in 2007 was some $90 per piece for a total of $3.8 billion, which the industry -- just returning to profit after six years of global losses -- could ill afford.

Find full article here>>.

Australia: Airline fuel surcharge inconsistencies exposed

A survey of airline fuel surcharges between Australia and the UK has unveiled significant inconsistencies.
The disparity between the world's major airlines is so great that Australian flyers have been warned by the nation's largest travel agency Flight Centre to ensure they take the surcharges into account before deciding which airline to use.
A schedule of 13 airlines flying the long-haul route between Sydney and London shows passengers can pay anything between zero and A$802.40 in surcharges - on top of the quoted fares. (US$1 = A$0.92 at the time of writing).

Source: www.aviationrecord.com; find details here>>.