Australia offers a mix of breast implant and tourism as a package to the US

Australia is keenly promoting the concept of breast implant together with a holiday Down Under, especially to the travelers from the US.
Australia's newly appointed breast enlargement ambassador is reportedly encouraging American women to consider traveling to Australia for breast enhancement surgery. The initiative comes at a stage when the nation is counting on exposure in the huge US market resulting on big bucks for Australian tourism. Read more here.

Remark: an interesting combination indeed, especially in terms of tour organizer's liability...

UNWTO and WTM launch WORLD RESPONSIBLE TOURISM DAY

The UN family and the Tourism Industry celebrates World Tourism Day each 27th of September, reflecting the social and economic relevance of Tourism. Now in a first extension, World Travel Market launched Responsible Tourism Day with UNWTO as its major partner, focusing on practical action by the industry and other stakeholders in this critically important area.
The need for a more responsible attitude in tourism, especially towards host communities, has become evident in recent years. Responsible Tourism is an important consumer and corporate component of triple bottom line sustainability - economic, social and environmental.
Further information here.

"High-level group set up to advise Commission on the future of aviation regulation"

As stated by the EU Press Room, "Two years after the adoption of the Single European Sky regulations the Commission wishes to further pursue the simplification of the organisation of the sector. In September the European Commission invited representatives of the national civil aviation administrations, aviation industry and Eurocontrol to a conference in Brussels to find ways to improve the efficiency and performance of the system, while ensuring the highest safety standards. The conference made some radical conclusions, which are now being followed-up by the creation of a 'high-level group'.
Vice-President Jacques Barrot, Commissioner in charge of Transport stated: 'I have called this group together to advise the Commission how the conclusions of the conference can be realised and the current fragmented regulatory field be unified under the Community framework. It is evident that some organisations will have to evolve and enable to reform the current organisation of ATM and safety; it is the task of this group to advise us strategically how to reach those goals'.
The group is composed of selected high level representatives of the European states, air navigation service providers, airspace users, airports and aviation industry. Both European Aviation Safety Agency (EASA) and Eurocontrol are also represented. Work will start on 8 November 2006 and the group aims to report back to the Commission mid-2007, with proposals on the public sector functions in European aviation.
The group will concentrate on developing answers to the questions of simplifying the regulatory framework, reforming the related organisations and ensuring the successful participation of the private sector. It will also have to address the implementation of the Community method with a view to the 'total system approach' to aviation safety. The terms of reference and list of members for this group can be found on the web page http://ec.europa.eu/transport/air_portal/2006_09_20_conference_en.htm
which also includes information on the September 20 conference on future of aviation regulation."

2007 to be fourth year of sustained growtn in tourism

World tourism demand continues to exceed expectations, showing resilience against extraneous factors. According to the latest issue of the UNWTO World Tourism Barometer, in the first eight months of 2006 international tourist arrivals totalled 578 million worldwide (+4.5%), up from 553 million in the same period of 2005, a year which saw an all-time record of 806 million people travelling internationally and growth is expected to continue in 2007 at a pace of around 4% worldwide.

The expected 4% growth for 2007 is much in line with the UNWTO long-term forecast growth rate of 4.1% a year through 2020.

Read more here.

Australia considers cooling down Geat Barrier Reef

Australian marine scientists have proposed to protect the corals from being damaged as a result of climate change.
Speaking at the recent Ecotourism Australia Conference, Andrew Skeat, executive director of the Great Barrier Reef Marine Park Authority, said the proposal involves watering the ocean surface at peak heat times to avoid coral bleaching, which is caused by higher than average water temperatures linked with global climate change, and when organisms which make up corals die leaving behind white limestone skeleton. A fine spray of seawater will be pumped onto the reef to break up the ocean water, cooling the corals. It also considered permanently placing sunshades over some areas of the reef. The UNESCO World Heritage listed reef, stretching over more than 345,000 sq kilometers (133,000 sq miles) off the coast of Queensland, is the world's largest coral system.
For Details look here.

Tourism pionneer jailed in Iran

Hamid Reza Talebi, CEO of the International Tourist Organization and head of the International Council of Tourism Partners in Iran, was thrown behind bars last week by Mahmoud Ahmadinejad's government. Charges against him include spreading lies and inciting the old regime to challenge the current government. Talebi was sentenced to one year in prison and a fine of $15,000.
Read more here.

Iceland: whaling trade puts tourists off

Tourists are turning their backs on Iceland because the country is resuming commercial whaling, a tour operator claims. Whale watching is one of Iceland’s main tourist attractions, but bookings have fallen 25 per cent in the two weeks since it has resumed hunting.
Read more here.

China to protect its cultural and natural heritage

The drive to protect its famous monuments and nature reserves continues to get stronger and stronger in China. Following a recent decision to pass its first set of laws against vandalizing the country s legendary Great Wall, China has now stepped up protection of its state-level nature reserves to crack down on activities such as film shooting and unauthorized tourism, according to a new regulation.
Source: eTurboNews.

Review of the European Timeshare Directive

The Timeshare Directive was adopted in 1994 and gives timeshare buyers rights throughout the European Union. It applies to any timeshare contract made under the law of an EU country or where the property is in the European Economic Area (EEA). All Member States have implemented the directive into their national law.
A public consultation on the review of the Directive was launched on June 1st 2006. In addition to the question of the extension of the scope of the Directive, other issues are raised; e.g. the length of the cooling-off period, updating the list of information requirements, financial and professional requirements, the ban on advance payments and criminal sanctions for infringements. Submissions to DG SANCO's Consultation Document on the Review of the Timeshare Directive can be found here.

New EU security rules at airports

To protect passengers against the threat of liquid explosives, the European Union has adopted new security rules that restrict the amount of liquids that one can take through security checkpoints.The new rules apply from Monday, 6 November 2006 at all airports in the EU and in Norway, Iceland and Switzerland until further notice.
Details can be downloaded as pdf guide here.

Choice of Law and Forum - The Red Seal Experience

1. Red Seal is an Ontario (Canada) tour operator. 2. It entered into three "Guarantee Contracts" with the Ontario-based representative of six Caribbean hotels. The Guarantee Contracts dealt with general issues such as no black-out periods, no bumping of Red Seal pax, no better terms to a Red Seal competitor, etc. None of these Guarantee Contracts contained a choice of law or a choice of forum clause. 3. After the first two of them were signed, Red Seal entered into a separate "Operating Contract" (i.e. for specific space on particular dates) with each of the six Caribbean hotels. Each specified that the law of Florida and the Courts of Aruba would apply. 4. Disputes arose, and Red Seal sued the Ontario "rep" company in the Courts of Ontario. 5. That company sought to oust Ontario law and Courts, and bounce the case to Aruba pursuant to Florida law, based on the terms of the Operating Contracts. 6. In a mid-September decision, the Ontario Courts ruled that one of the disputes involved site-specific issues and thus was governed by the relevant Operating Contract. Florida/Aruba applied to it. 7. But it ruled that the balance of the disputes related to the subject matter of the Guarantee Contracts. The Florida/Aruba provisions of the Operating Contracts were thus irrelevant. As the Guarantee Contract was silent re courts and law, the Ontario Court was free to determine (as it did) that there was a sufficient nexus with Ontario to allow Red Seal to maintain those actions in the Ontario courts.

(Originally posted by Doug Crozier)

First Mercosur Tourism Law Congress

First Mercosur Tourism Law Congress: Radisson Hotel, Montevideo, 9-10 November 2006 Tourism advocates of Uruguay, Argentina, Brazil, Paraguay, Chile, Mexico, Spain, Venezuela and Bolivia. Further information: www.fcu.com.uy

(Originally posted by Diego Benítez)

USA: New 'e-passports'

A new generation of United States passports, equipped with short-range radio tags, are beiing distributed . More than 15 million Americans are expected to apply for and receive the high-tech document in the next year. Within a decade, every US passport will contain an RFID (radio frequency identification) chip.
Privacy advocates are raising concerns that the passports make Americans more vulnerable to attacks from thieves and terrorists.
For details look here.

Ancient Thai city destroyed

Officials in Thailand say three months of flooding have turned the foundations of the ancient city of Wiang Kum Kam into mud. Wiang Kum Kam was originally founded around 1286 by King Meng Rai and became the capital of the Lanna kingdom before flooding forced the ruler to move his capital to Chiang Mai. The city was unearthed in 1984 and was opened in 2004 as a tourist attraction
Further information here.

New adventure tourism operators law in Western Australia

The Western Australia government has imposed new strict standards for adventure tourism operators, in a move to protect tourists following some near tragedies in the state's wilderness areas.
Under the new legislation, accreditation will be compulsory for all adventure tourism operators. Details here.

Europe's largest national park to be established in Iceland

Iceland's government announced a plan to build what the prime minister referred to as soon-to-be Europe's largest national park.
The establishment of Vatnajokull national park is the largest nature protection project in Iceland to date. The national park will not only provide a platform for protection of the unique nature of the area, but also create new opportunities in tourism in the vicinity of the park and thus strengthen habitation along the outskirts of Vatnajokull glacier.
The Ministry of Environment, in 2002, began negotiations with farmers living next to the glacier to establish a nature reserve. The negotiations did not materialize as land ownership issues delayed the process. The plan to include the entire glacier as well is more recent.
Icelandic nature continues to be the main attraction for foreign visitors to the country, according to annual research done by the Icelandic Tourist Board. Therefore, it is important for the tourism industry that steps are taken to protect it. The establishment of Vatnajokull national park would mean that Iceland will have the largest protected wilderness in Europe.
The establishment of Vatnajokull national park would also mean that glacier river Jokulsa a Fjollum will not be harnessed for the production of electricity. This issue is of great concern for nature conservationists.
More details here.

The Hospitality Loss Prevention Conference: Boston, the 6th December

New airline tax for health care to poor countries

Nineteen states including include Brazil, Britain, Chile, Cambodia, Cameroon, Congo, Cyprus, France, Gabon, Guinea, Ivory Coast, Jordan, Luxembourg, Madagascar, Mali, Mauritius, Nicaragua, Norway and South Korea are committed to levying a tax on airline tickets as part of a new way to treat people in poor countries for AIDS, tuberculosis and malaria under a program called UNITAID which brings together countries, U.N. agencies, international organizations and others to tackle some of the world's worst diseases. UNITAID plans initially to spend €50 million (US$63 million) this year and about €300 million next year to give 100,000 children access to anti-retroviral treatment and 150,000 children treatment against tuberculosis.
Further details here.

EUTO convention in Malta

During the last week of October, the Malta Tourism Society will be hosting delegates from the European Union of Tourism Officers (EUTO) to a convention and study visit. This annual event is part funded through the Leonardo da Vinci mobility initiatives which promote cultural and educational exchange across Europe.
Themed Developing Sustainable Tourism Reviving the Past to Build the Future, an exchange of best practice, this year s convention and study visit will take place between October 22 to 29. The focus will be on creating a unique experience for visitors to the island by capitalizing on all the possible cultural, social and historical resources which these small islands can offer. A number of local and international speakers are being invited to contribute to the convention and also to the study visits included in the program.
The convention will be addressed by the Maltese Tourism and Culture Minister Francis Zammit Dimech on October 23.
EUTO is an organization that fosters trans-national networking between all European middle and top managers principally engaged in the work of tourism promotion and development. Further details to be found here.

Misleading airline advertising

Airlines continue to engage in misleading price advertising. (See my paper at the 17th IFTTA Conference 2005, available at http://www.iftta.org/web/2005AirAdEUIrsh.html). Among other things and according to the website of the Advertising Standards Authority of Ireland (http://www.asai.ie/) airlines continue to be in breach of the advertising industry’s own code of advertising by - claiming that emails sent to consumer subscribers who have indicated they wish to receive special offers etc are not subject to the Code (Ref AC/0605/0505; AC/0502/0122) - claiming that the term ‘Free’ can be used although the consumer still has to pay taxes, charges (AC/0512/1384) - claiming that taxes, charges etc. do not have to be included in the advertised air fare (Ref GM/0602/0219). (References traceable through http://www.asai.ie/)
Perhaps the most significant recent development concerns the attempt by the advertising industry self-regulator to bring clarity to the vexed question of how many seats an airline should make available when it advertises a low fare. Rule 2.44 of the Irish Code in insists in effect that the supply must be in reasonable proportion to the demand. This is a vague rule and heretofore airlines have been left free to interpret it themselves.
In a recent case (AC/0504/0310) an airline sought advice in advance from the self regulator on this point and was told such advice was not given. When the airline then provided only 4% of its seats at the advertised low fare complaints were made that the advertisement was misleading. The self regulator rejected the complaint apparently because the airline had tried to seek guidance. But more importantly the self regulator also stated: ‘Going forward and in order to provide clarity for advertisers, the Committee considered that at least 10% of tickets should be available at the lead in price.’ The choice of 10% is not explained. At first glance it is difficult to see how anyone could say that 10% is a reasonable figure. One might have thought of a figure of at least 50% if not higher.
However, the self regulator presumably chose the figure of 10% to reflect the interests of all parties, including airlines and the fact that consumers can be expected to realise an airline could not be expected to sell a lot of its seats at low fares.
From a purely legal point of view, whether 4% or 10% or some other figure complies with the present or future law banning misleading price advertising depends on European Community law and how the criterion of meaning (the average person) interprets the advertisement.
The recent EC Directive 2005/29 on unfair commercial practices (to be implemented by end-2007) contains an equivalent requirement that airlines provide seats in reasonable proportion to an advertisement of low air fares. Point 5 of the blacklist in the Annex includes among practises to be banned: ‘Making an invitation to purchase products at a specified price without disclosing the existence of any reasonable grounds the trader may have for believing that he will not be able to offer for supply … those products … at that price for a period that is, and in quantities that are, reasonable having regard to the product, the scale of advertising of the product and the price offered (bait advertising).’
This Directive also makes clear that the criterion of meaning is the careful reader of advertisements, not the hasty one. One can therefore expect a judge to say a careful reader will be aware that airlines cannot commercially operate flights if all seats are sold at the advertised low fare and that consumers surely understand this. But the judge may equally consider that consumers also know low fares do not prevent airlines from making a profit.
Given that airlines now have the technology to change fares very quickly and increase the fares if they wish, it may be that the figure of 10% is much too low.

(Originally posted by Marc Mc Donald)