Kenya: new tourism law

Kenyan government is said to have agreed on the text of a new tourism law, which will, when passed and made operational, provide for the formation of new bodies as a new Tourism Authority, likely to be a licensing and inspection platform, and a Tourism Finance Corporation, likely a successor to the Kenya Tourist Development Corporation.

The new law would also provide for regional tourist offices to be opened to facilitate a greater spread of tourism activities across the country. The cabinet also gave the thumbs up for a new comprehensive tourism policy, which will, when passed, guide the sector over the next decade and beyond.

Source: eTurboNews; find article here>>.

USA: questions remaining about NewYork's hotel remarketer’s tax

The hotel remarketer tax will require any reseller of a New York hotel room to remit a tax based on the full amount paid by the customer, including service fees and charges. A representative of the city’s law department said a statement of audit procedure will provide more information about the law and give guidance related to more specific business models, including guidance on unbundling packages.

According to the memorandum, the tax on net and additional hotel room rent will apply to New York hotel rooms booked on or after Sept. 1. Hotel room resellers must complete and file a "certificate of registration" with the finance department by Sept. 3.

Source: Travel Weekly; find article here>>.

Samoa: protests against upcoming side switch of road traffic

The small Pacific island country of Samoa is due to change from driving on the right-hand side to the left on September 7, in the first switch since Nigeria, Ghana and Yemen shifted to the right in the 1970s and Sweden did so in 1967.

Since the government announced the plan in 2007, huge protest marches have been held, more than a sixth of the population of around 180,000 people has signed a petition calling for the changeover to be reversed, and a court is expected to rule on its legality later this week.

Source: AFP; read article here>>.

USA: Lawsuit on Border Laptop Searches

The American Civil Liberties Union (ACLU) has filed a lawsuit in the U.S. District Court for the Southern District of New York demanding that U.S. Customs and Border Protection (CBP) release details of its policy that allows the agency to search travelers' laptops at U.S. borders without suspicion of wrongdoing. The law suit is an effort to get CBP to respond to a Freedom of Information Act (FOIA) request that the civil liberties group filed in June about the laptop-search policy. Though the FOIA law requires it to give a response within 30 days the agency has not supplied information.

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

USA: Scotland boycott threat following al-Megrahi release

Protesters in the USA angered by the release of the Libyan Basset Ali al-Megrahi, the only man convicted of the 1988 bombing of Pan Am flight 103 over Lockerbie launched a "Boycott Scotland" campaign in the internet. The website BoycottScotland.com is an anonymous Internet protest calling upon Americans to avoid Scotland and Scottish products in protest at al-Megrahi’s release.

The anonymous Internet protest is receiving wide publicity in the US media, including the New York Times, Bloomberg, CNN and Forbes magazine. ETOA, the European Tour Operators Association, has announced to closely monitor the campaign and advises against any tourism boycott of Scotland.

Source: ETOA Briefing of Aug. 26, 2009; find full text here>>.

Austria: no liability for depressive mood following massive flight delay

Plaintiff had booked a package tour to Turkey together with his wife and their two children. Because of technical problems, the outward flight to Turkey was delayed for 26 hrs. Plaintiff claimed that because of a depressive psychosis he was suffering from, the fligth delay had caused a depressive mood which had prevented him from enjoying his holidays. Even his wife had not been able to enjoy the holidays as she had to look after him. Both of them had hardly left the hotel room.

Back home in Austria he sued for compensation for loss of holiday enjoyment and some minor expenses he had had becuase of the flight delay.

Upon defendant's appeal Regional Court (Landesgericht Innsbruck) in judgement 2 R 170/09b of June 19, 2009 for the most part dismissed the claim: plaintiff had not mentioned his disease when booking the package tour and same had not been offered as being specifically suitable for mentally ill persons. The depressive mood therfore could not be regarded an adequate consequence of the flight delay. Plaintiff also had failed to explain why he needed specific care.

Bangladesh: new tourist police

Bangladesh has formed a police unit to better protect local and foreign tourists and tourism spots. Another main task for this particular unit will be to look after the nature and wildlife in the tourist spots.

Due to the country's National Tourism Authority (NTA), a total of 349,837 foreign tourists visited Bangladesh in 2008, about 21 percent more than in 2007.

The lack of security and poor infrastructure were largely blamed for lower tourist arrivals in the country's remote tourism spots. It is the purpose of the new police unit to change that.

Source: www.xinuanet.com; find article here>>.

Austrian Supreme Court addresses excessive term of timesharing contract

In July 2003 plaintiffs had acquired timesharing rights (right to use an appartement one week per year) in defandants' hotel at CHF 10.000 and a yearly contribution of CHF 490. The contract term was scheduled until 20.01.2050 (!). In their law suit filed in 2008, plaintiffs sought for termination of their contract by 20.01.2015 and refund of EUR 5.297. They claimed that due to settled case-law the term of a timesharing contract must not exceed 10 to 15 years. As thus their contract therefore was partly void they were entitled to the refund claimed for.

The claim was dismissed by all levels of jurisdiction: Supreme Court (OGH) confirmed the view of the lower instances that it was not the excessive term of contract itself that had to be regarded void but the lack of a right to terminate the contract after expiration of a reasonable term. Even if notice of termination can be given long time in advance, the legal consequences of termination will only become effective at the time of termination. Thus there was no claim to the declare the contract void "pro futuro" and no due claim for refund.

OGH judgement 8 Ob 147/08p of April 4, 2009 available in German here>>.

Austria: hotel entitled to compensation for bitumen dirt

Defendant, a local community, had repaired a street in front of plaintiff's hotel. As the bitumen used was defective, particles came off and were brought into the hotel through the shoes of the guests and caused dirty spots on carpets and furniture.

Austrian Supreme Court (OGH) held that such dirt particles had to be regarded an "immission" due to sec. 364 par 2 Civil Code (ABGB) and constituted a claim for compensation, irrespective of fault. There was a sufficient causal connection even if hotel guests had acted carelessly.

Judgement 2 Ob 216/08s of March 25, 2009 avialable for download in German here>>.

Austria: duty to warn at dry toboggan run

Plaintiff, a man of about 110 kilogramme took a dry toboggan ride with his daughter. Even though the toboggan run complied with technical standards and relevant laws, braking efficiency was poor at steep parts if total weight exceeded 120 kilogramme. When arriving at such steep part, plaintiff tried to slow down the toboggan by using the brakes. As he saw no effect he paniced and screamed. The man at the toboggan in front heard the scream and stopped. Few moments later plaintiff's toboggan drove against the one of the man in front and plaintiff was injured severely.

Austrian Supreme Court (OGH) held that even though plaintiff could have had a safe ride despite low braking efficiency, the operating company was liable for the injury caused by plaintiff's panic reaction and improper attempt to assistance by the man in front because of not having warned of limited braking efficiency.

Judgement 5 Ob 52/09x of April 28, 2009 available in German here>>.

21st IFTTA Conference in Brazil - Preliminary Programme.

Dear IFTTA members,

The 21st IFTTA Conference in Brazil is getting close. Toward that end the organizers would like to invite the IFTTA community to attend this annual meeting in Sounth America. About 22 experts from 10 countries are going to present papers, all of them with backgrounds in, or a strong interest in travel and tourism issues. The preliminary programme is already online into the Conference Website.

Moreover, the UNWTO representative will deliver a message on behalf of the UNWTO Secretary-General a.i. at the opening ceremony and talk about the "Current joint activities and future prospects " regarding IFTTA/UNWTO cooperation project.

To additional information about the Preliminary Programme click here.

USA: no testimony of FBI agents regarding 9/11 probes

In an order relating to three wrongful death cases and 19 property-damage cases following the 9/11 attacks, U.S. District Judge Alvin Hellerstein in Manhattan denied a motion by the airlines to question six current and former FBI agents. The airline defendants had hoped to show at trial that the government's failure to apprehend the terrorists and stop the attacks was so considerable that it mitigates and excuses any alleged faults of the airlines.

The judge wrote that the government's failures to detect and abort the terrorists' plots would not affect the aviation defendants' potential liability. The judge also denied a motion to admit the 9/11 Commission report as a whole as evidence in the case, instead only admitting the chronology provided in the report.

Source: Dow Jones Newswires; find article here>>.

German Supreme Court (BGH): no price reduction for delayed flight

Plaintiff had booked a flight from Frankfurt/Main (FRA) to Phoenix (PHX) via Washington, D.C. (DCA). The flight from FRA to DCA was scheduled for departure on Oct. 7, 2006, 13:25 hrs. Departure was delayed to 17:00 hrs and plaintiff missed his conneting flight to PHX. He claimed for compensation under Reg. 261/2004 as well as price reduction.

As in case Xa ZR 78/08, BGH held that missing a connecting flight due to a delay of the feeder would not constitute "denied boarding" under Reg. 261/2004.

BGH furthermore held that a contract for flight carriage normally could not be regarded a contract whereas time is of absolute essence in a meaning that the whole contract would lapse if the scheduled time was missed. Neither could a flight delay be regarded as deficient service entitling passengers to a price reduction. Plaintiff therefore could only have sued for any damages caused by the delay.

BGH 28.05.2009, Xa ZR 113/08; judgement avialable in German here>>.

European Court of Justice: court of place of departure or arrival compentent for compensation claims under Reg. 261/2004

In a judgement rendered today (Case C-204/08, Rehder v. Air Baltic), ECJ held that neither the location of the head office of the company operating the flight nor the place where the air transport contract was entered into is conclusive with regard to the choice of the court having jurisdiction in regard to claims for flat-rate compensation under Reg. (EC) 261/2004.

The place of the head office or the principal place of establishment of the airline concerned does not have the necessary close link to the contract. The operations and activities undertaken from that place, such as, in particular, the provision of an adequate aircraft and crew, are logistical and preparatory measures for the purpose of performing the contract relating to air transport and are not services the provision of which is linked to the actual content of the contract. The same is true with regard to the place where the contract for air transport is concluded and the place where the ticket is issued.

The only places which have a direct link to those services, provided in performance of obligations linked to the subject-matter of the contract, are those of the departure and arrival of the aircraft, the ‘places of departure and arrival’ having to be understood as those agreed in the contract of carriage in question, made with one sole airline which is the operating carrier.
Each of those two places has a sufficiently close link of proximity to the material elements of the dispute and, accordingly, ensures the close connection between the contract and the court having jurisdiction. Consequently, a claim for compensation following the cancellation of a flight may be brought, as a matter of choice on the part of the passenger concerned, before the court having territorial jurisdiction over the place of departure or of arrival.

Source: ECJ press release No 62/09;
Full text of judgement avialable here>>.

Israel: Netanyahu stops VAT on tourism

To the dissatisfaction of the Treasury, Prime Minister Netanyahu cancelled the recommendation for the imposition of a 16.5 percent VAT on the purchase of foreign tourist services in Israel. The heads of the tourism industry said that the Prime Minister has made the correct decision at a time when the number of foreign tourists coming to Israel was falling.

Source: eTurboNews; find article here>>.

UK: new departure tax detrimental to tourism?

ETOA, which represents inbound European tour operators warns UK government to go ahead with plans to increase Air Passenger Duty (APD) next November while the Netherlands and Belgian governments have this month abolished departure taxes in an effort to give a stimulus to tourism through their international airports. ETOA fears that APD could make the UK an expensive destination for the start and end of group tours to Europe and the country would be looking increasingly like an optional add-on than a key element of a visit to Europe for many in-bound long-haul travelers.

Source: eTurboNews; find article here>>.

USA: cruise industry supports proposed safety legislation

Contrary to its previous position, on Monday the U.S.cruise ship industry supported proposed federal safety legislation, which would provide cruise ships with increased security.

The bill aims to make reporting crime aboard ships mandatory and require ships to install security latches and peepholes in cabin doors. Along with security precautions, ship physicians would also have to be trained in sexual assault examinations.

Source: TravelAgentCentral; find article here>>.

European Court of Justice: Penalty on Greece for Non-Recovery of illegal State Aid to Olympic Airways

In 2002, the Commission took the view that certain aid granted by Greece to Olympic Airways was incompatible with the common market for failing to comply with certain conditions initially laid down. The aid had to be recovered without delay. Faced with inertia from Greece, the Commission first made an application to the Court in 2003. A judgment holding that Greece had failed to fulfil its obligations was delivered in 2005.

Following difficulties encountered by Greece in implementing that judgment, the Commission brought a new action before the Court, seeking a declaration that Greece had not complied with the Court's judgment and the imposition of a periodic penalty payment and a lump sum penalty payment against Greece.

The Court today delivered a second judgment on failure to fulfil obligations, accompanied by a dual financial penalty: a periodic penalty payment and a lump sum penalty payment.

The Court found that Greece's failure to fulfil obligations has lasted for more than four years. It concerns the common market, the establishment of which is an essential task of the European Community. Moreover, the control of aid to air transport is of considerable importance, since that market is, by its nature, a cross-border market. However, the amounts of aid in respect of which Greece has not proved repayment constitute only a relatively small part of the total sum.
The Court therefore imposed upon Greece a periodic penalty payment of EUR 16 000 per day of delay in implementing the judgment of 2005, counting from one month after the delivery of the present judgment, in order to allow Greece to demonstrate that it has ended the failure to fulfil obligations.

The Court recalled that cumulation of the two penalties in based on the capability of each to fulfil its own objective and depends on the circumstances of each case. The Court, on a just assessment of the circumstances of this case, determined the amount of the lump sum penalty payment at EUR 2 million.

Source: ECJ press release 59/09 of July 7, 2009; find full text here>>.

France: passenger demonstrations following Yemenia crash

In France potential passengers –mostly from the Comores community - are refusing to fly again with Yemen flag carrier, denouncing the poor quality. They ask French authorities to ban the airline from French and even EU skies. It is an unprecedented move against an airline with serious potential consequences for the airline industry: Passengers forcing an airline to out of a market could create a precedent open a new era in the relations between airlines and their customers.

Following demonstrations Yemenia announced to “temporarily” suspend its flights to and from Marseille-Provence airport and finally announced to also suspend its flights from Paris until conditions are improving. Anyway, Yemenia will be forced to dramatically improve its safety.

Source: eTurboNews; find Article here>>.

UNWTO: international tourism down by 8%

According to the June edition of the UNWTO World Tourism Barometer international tourism declined by 8% between January and April compared to the same period last year. Destinations worldwide recorded a total of 247 million international tourist arrivals in those four months, down from 269 million in 2008. Given the changes in the outlook UNWTO has revised its forecast for the full year 2009. Taking account of the results for the first four months of the year and the current market conditions, international tourism is now forecast to decrease by between -6% and -4% in 2009, as the pace of decline is expected to ease during the remainder of 2009.

Source: UNWTO press release of July 2, 2009; find full text here>>.