IFTTA News Update

• USA: DOT fines Virgin America for failing to make safety videos accessible to passengers with hearing impairments; 
• Australia: hotel not liable for security guard; 
• ECJ: the special VAT scheme for travel agents is not limited to sales of travel services to travellers;
• ECJ: Delayed rail passsengers are entitled to a partial price refund - even in cases of force majeure; 
• German Supreme Court: "bird strike" constitutes "extraordinary cicumstances"; 
• Germany: Supreme Court reconfirms compensation for missed connecting flight; 
• Canada: CTA orders Air Canada and Porter Airlines to revise domestic tariff provisions; 
• USA: “dirtiest hotel in America” not defamatory; 
• UK: Virgin Atlantic looses dispute over flat bed airline seat patent;
• USA: New Jersey judge dismisses hotel waitresses' gender discrimination claim; 
• Committee on Transport and Tourism of the European Parliament publishes Draft Report on the Commission's proposal for a new Air Passenger Rights Regulation; 
• Canada: CTA decides on overbooking - and finds European compensation system unreasonable;
• U.S. Court: American citizens have a constitutionally protected right to travel by air; 
• USA: DOT fines ticket agents for code-share disclosure violations; 
• Egypt: tourism minister sends message to travel industry via YouTube; 
• U.S. travel industry worried about anti-gay law in Russia; 
• USA: DOT releases guidance for Internet flight-search tools;
• German court requests ECJ preliminary ruling with regard to passport data;
• UK: OFT consults on proposed hotel booking commitments;
• IFTTA Law Review 2-2013 available online; 
• Canada: Federal Court of Appeal decides on exclusivity of Montreal Convention liabiliy rules;
• USA: equal rights for same-sex spouses in visa applications;
• German Supreme Court asks ECJ for interpretation of article 12 of Reg. 261/2004; 
• Recent EU Implementing Regulations in aviation matters; 
• Austrian Supreme Court: "bad weather" not enough to release air carrier from compensation for cancellation; 
• Italy: OTAs succeed against Ryanair over website access;
•  New Package Travel Directive; 
• Austrian Supreme Court: ticket office must disclose commission; 
• USA: DOT fines Delta for violating Denied Boarding Rules; 
• German court asks ECJ to clarify offsetting rules in Air Passenger Rights Regulation; 
• Tourist’s rights and duties in Belo Horizonte, Brazil; 
• USA: DOT fines ticket agent for violating code-share disclosure rules; 
• Austria: Supreme Court decides on travel insurance; 
• USA: Cruise industry adopts passenger bill of rights; 
• California: Delta wins in mobile app case; 
• UK: Civil Aviation Authority and Office of Fair Trading warn travel industry not to mislead consumers; 
• IFTTA Law Review 1-2013 available online; 
• German Supreme Court: air passengers entitled to compensation for missed connecting flight; 
• CJEU: "Sturgeon" judgement did not infringe the principle of separation of powers; 
• Germany: Supreme court decides on malperformance of Greenland cruise; 
• New German reference for ECJ preliminary ruling regarding Air Passenger Rights Regulation; 
• Swiss Ferderal Court: yacht charter including crew does not constitute a travel package; 
• Report on new tourism legislation in China; 
• USA: Metropolitan Museum of Art sued over admissions fee policy; 
• German court: lessor of holiday apartment must include costs of final cleaning into the advertised price; 
• USA: DOT fines Alitalia for deceptive practices; 
• EU: MEPs welcome Commission proposal on air passenger rights; 
• UK to implement new Air Passenger Duty; 
• USA: Appeals Court Revives Wheelchair Lawsuit vs. United Airlines;

IFTTA News - Recent Items

• USA: Federal Aviation Administration to reexamine passenger use of portable electronic devices on board aircraft;
•  CJEU: no distance contract required for consumer forum pursuant to Brussels I Regulation; 
• USA: court decides on passenger complaint against cruise ship operator; 
• USA: defamation lawsuit against TripAdvisor dismissed; 
• Bulgaria: new tourism legislation in parliament; 
• California: new law allows travel agents to sell travel insurance; 
• Australia: Indonesian national airline not immune from legal action by the Australian Competition and Consumer Commission; 
• USA: cruise ship forum-selection clause upheld;
• Germany: one more reference for ECJ preliminary ruling on Reg. (EC) 261/2004; 
• Florida: Costa Concordia lawsuit dismissed; 
• European Court of Justice decides in two denied boarding cases; 
• Austria: reference for ECJ preliminary ruling on Brussels I-Regulation; 
• Travel Agent Arbiter in US Digitizes all substantive decisions; 
• Single European Sky: 10 years on and still not delivering; 
• German Supreme Court: no air transport contract for passenger "Still Unknown"; 
• UK: Birmingham County Court decides in broken glass door case; 
• ECJ reconfirms "Sturgeon" decision; 
• Germany: Supreme Court decides on international jurisdiction with regard to letting of holiday homes; 
• ECJ decides on VAT taxation of in-house transport services provided by a travel agent; 
• Austrian Supreme Court: domain "hotel.eu" registered in bad faith; 
• German Supreme Court: no compensation from non-EU carrier for delay of connecting fligth departing from non-EU airport; 
• Germany: court decides that airline can ban OTA from access to its booking website; 
• CLIA: new safety policies for global cruise industry; 
• ECJ clarifies time limit for court actions under EU Air Passenger Rights Regulation; 
• ECJ: Rail passengers must be given information on main connecting services, whichever railway undertaking operates them; 
• ECJ decides on airlines' liability for checked baggage pursuant to the Montreal Convention; 
• U.S.-DOT: new rules for charter operators;
• Canada: class action over expiring loyalty program points; 
• USA: DOT fines Travelzoo for violation of Code-Share Disclosure Rules; 
• USA: Federal Trade Commission requires hotels to disclose all mandatory surcharges; 
• EU-Commission updates Airline Blacklist; 
• USA: DOT fines Vision Airlines for charter violations; 
• IFTTA Law Review 3-2012 available online; 
• California: Attorney General files Law Suit against Delta Airlines over mobile app; 
• German Supreme Court: consumer entitled to cancel cruise to the Caribbean because of ash cloud preventing him to fly; 
• USA: airlines to challenge DOT advertising rule before U. S. Supreme Court; 
• USA: DOT collected USD 3.6 M in fines for air passenger rule violations in 2012                            

Update on IFTTA News

• German Court challenges EU Regulation on security standards for passports and travel documents; 
• UK: airlines to include debit card surcharges in headline prices;
• Canada: Transportation Agency decides in flight cancellation and overbooking cases; 
• Germany: lugagge to be carried on a later flight is no legitimate reason to deny boarding; 
• Denmark: passengers of a cancelled flight entitled to rerouting at the earliest opportunity; 
• New Body Scanners at Scottish Airports; 
• Netherlands: new reference for ECJ preliminary ruling regarding air passenger rights; 
• German Supreme Court: no compensation for flight cancellation caused by strike; 
• EU Economic and Social Committee publishes opinion on passenger rights in all transport modes; 
• Egypt: new tourism minister appointed; 
• IFTTA Law Review 2-2012 available online; 
• USA: DOT fines companies for violating Consumer Protection and Price Advertising Rules; 
• UK: Bad Taste Tweets Not Criminal; 
• USA: Airlines lose appeal against DOT fare rules;
• EU Commission publishes consumer tips for visitors to the 2012 Olympic Games; 
• UK and Unfair Contract Terms Reforms; 
• CJEU: inclusion of flight cancellation insurance as a default setting unlawful when selling air tickets over the internet;
• UK: British Airways to check passengers on Google?; 
• Austria: regulation on proper rail passenger behaviour; 
• USA: new law to require airlines to seat families together?; 
•  Scottish Jurisdiction over Shetland; 
• Austria: Appelate court decides on "fly all or pay up" clauses; 
• Spain: Court of Appeal of Barcelona regards Ryanair's boarding pass printing policy lawful; 

Most recent IFTTA news posts

• ECJ Advocate General delivers opinion on rail passenger rights; 
• USA: Transportation Secretary queried on EU Emissions Trading System; 
• Civil Juries to Receive Guidance on Damages in Scotland; 
• Austria: Appelate court reverses judgement in missed connecting flight case; 
• Swedish Court asks ECJ for peliminary ruling regarding Montreal Convention and Reg. 261/2004; 
• ECJ Advocate General: distance contract not preconditional for consumer forum; 
• European Commission launches new European Consumer Agenda; 
• Austria: new legislation related to travel and tourism; 
• ECJ Advocate General proposes the Court to confirm its "Sturgeon"-Judgement; 
• EU Commission to hold another stakeholders' conference on the PTD revision; 
• Germany: Supreme Court to hear cases on airline personnel strikes as "extraordinary circumstances"; 
• Germany: Fiscal Court decides over VAT on hotel vouchers; 
• UK: Hotel owner fined in fire safety trial; 
• IHRB roundtable on Tourism Industry and Human Rights in London; 
• USA: DOT issues guidance on aviation consumer information-related requirements; 
• UK: OFT fines British Airways in fuel surcharges price-fixing case; 
• Canada: Supreme Court decides on jurisdiciton over foreign companies; 
• New proposals to address crimes at sea; 
• EU: Open Consultation on the European Tourism Label for Quality Systems Initiative; 
• EU: Public consultation on a review of EU passenger ship safety legislation; 
• EU Parliament gives green light to air passenger data deal with the US; 
• ECJ Advocate General Bot: compensation for denied boarding not limited to overbooking; 
• German Supreme Court decides on organizer's liability for changing flight departure time; 

  
   

New on IFTTA News

• USA: DHS report says X-ray scanners at airports are safe;
  
• ECJ Advocate General: air ticket pricing rules regarding ‘optional price supplements’ also apply to a cancellation insurance;
  
• USA: Appelate court affirms foreign nationals' standing to challenge a "no-fly list" inclusion;
  
• European Union: Parliamentary Transport and Tourism Committee calls for improved air passenger rights;
  
• ECJ to hear cases challenging its "Sturgeon" judgement;
  
• European Union: Public consultation of stakeholders on the "European Charter for Sustainable and Responsible Tourism";
  
• European Court of Justice: insolvency protection also applies in case of a package organiser’s fraudulent conduct;
  
• "Reviews you can trust" - UK Advertising Standards Authority finds TripAdvisor ads misleading;
  
• USA: Appelate court confirms limitation of liability clauses in airline's "Conditions of Carriage";
  
• Germany: new reference for ECJ preliminary ruling regarding Reg. 261/2004;
  
• EU Transport Commissioner receives commitment from Cruise industry to fully engage in review of passenger ship safety rules;
  
• Canada: body height is not a disability;
  
• UNESCO: cruise ships should steer clear of Venice lagoon;
  

IFTTA Europe Workshop 2012 - Rostock

The 5th IFTTA Europe Workshop will take place in Rostock, Germany, April 17-20, 2012. International experts from several countries will discuss current legal issues of the travel and tourism industry and exchange experience.

The main topics are:

- The proposal for a new Package Travel Directive
- New developments in EU passengers' rights
- Enforcement of Travel Law
- National reports on recent developments in Travel and Tourism Law.

For detailed information and registration please see here>>;.

Recent IFTTA News Postings

• Germany: appellate court upholds denial of injunction against hotel review website;
  
• USA: DOT fines Spirit Airlines over handling of disability complaints and Finnair for violating price advertising rules;
  
• USA: Costa Concordia victims sue for USD 460 milion in Florida;
• European Economic and Social Committee publishes opinion on the ‘functioning and application of air passenger rights';
• USA: New York law firms file class action against Costa;
  
• Canada: change in airline pet policies ordered by CTA;
• European Union: Costa Concordia accident and Commission review of passenger ship safety legislation;
  
• Austria: tour organiser not liable for costs of extended stay caused by flight cancellation due to the ash cloud crisis;
  
• Germany: railway company liable for black ice accident on platform;
  
• USA: deplaned passenger's complaint fails to state a viable cause of action under the Montreal Convention;
  
• Austrian Supreme Court: no liability of the tour operator for rare injury caused by narrow seating in a coach;
  

New postings on IFTTA News

• European Council decides on accession of the European Union to the Athens Protocol;
• Austria: Supreme Court decides on innkeeper's liability with regard to theft from hotel garage;
• USA: DOT fines AirTran for deceptive price advertising;
• European Economic and Social Committee: opinion on tourism in Europe published;
• USA: man who helped to stop "underwear bomber" sues for USD 10 million;
• IFTTA Law Review 3-2011 now available;
• European Court of Justice: The directive including aviation activities in the EU’s emissions trading scheme is valid;
• Australia: Quantas succeeds against registration of "Flying Kangaroo" wines;
• USA: District Court upholds fine for traveler to Cuba who did not answer OFAC queries;
• European Union: Commission starts public consultation on the possible revision of the air passenger rights Regulation;
• Austria: new reference for ECJ preliminary ruling regarding rail passenger rights;
• U.S. Court of Appeals: violation of a government regulation no prerequisite to a claim under Article 17 Montreal Convention;
• EU Commission announces "Better Airports" package;

Most recent postings on IFTTA News

• USA: airlines ask DOT for another delay in new rules;
• USA: no private right of action pursuant to Air Carrier Access Act;
• UNESCO recognizes Aceh’s Saman Dance as Intangible World Heritage
• Scotland: Human Trafficking Report;
• EU: Commission requests Italy to comply with new safety rules for passenger ships;
• Taiwan: Hong Kong Dragon Airlines accused of discrimination;
• European Commission updates airline black list;
• New EU-US agreement on PNR;
• USA: DOT fines Spirit Airlines for deceptive price advertising;
• European Union: new rules on the use of security scanners at European airports;
• European Union: new Directive on Consumer Rights published in Official Journal;
• IFTTA Europe Workshop Website Online;
• Cruise conference - May 21-23, 2012;
• UK: OFT takes next procedural step in airline fuel surcharges case;
• USA: DOT issues first fine for tarmac delay rule violations;
• India: tiger reserves may ban tourists;
• Court of Cassation (FR) on Deep vein thrombosis;
• UNWTO: European tourism grows above expectations;
• European Consumer Centre Network launches Air Passengers Rights Report 2011;
• USA: DOT fines Caribbean Airlines for improperly limiting reimbursements for delayed baggage;

Update on IFTTA news

The following news have recently been posted to the IFTTA Website:

• USA: DOT fines Orbitz for violating price advertising rules
• ECJ Advocate General delivers opinion on EU Emissions Trading Scheme
• Irish High Court confirms exclusivity of Montreal Convention with respect to international air carriage
• Scottish Legislation to Tackle Football Sectarianism
• Germany: yet another reference for preliminary ruling challenging "Sturgeon"
• European Court of Justice: "Cancellation" also covers discontinuation of a flight
• Kenya: tourism minister issues open letter regarding piracy
• UK: Office of Fair Trading received super-complaint about travel money
• European Commission publishes results of the Online ticket Sales Sweep
• Seychelles: Sustainable Tourism Label announced
• USA: DOT fines Virgin Atlantic for deceptive online advertising
• USA: Travel Association and ATA support new Visa legislation
• World Travel & Tourism Council addresses governments on World Tourism Day
• France to impose new tax on luxury hotel rooms
• USA: DOT to require airlines to make their websites and kiosks accessible to disabled travelers
• Conference: EU Passenger Law – Towards 2020, Leuven
• Interesting case! Preliminary Ruling: ECJ C-410/11
• Austrian Supreme Court: hotel liable for theft from safe in hotel room

IFTTA Travel and Tourism Law News: new postings

• Austria: first reference for ECJ preliminary ruling regarding rail passenger rights
• Austrian Constitutional Court: no state liability for alledgedly false application of the Package Travel Directive
• USA: new airline passenger protection rules took effect Aug. 23
• German court regards 'automatic' inclusion of cancellation insurance to flight ticket price illegal
• A tax windfall for airlines
• Albania's Impressive Tourism Statistics
• Austria: hotel operator not liable for injury of a guest who tried to repair a jamming glass door
• Germany: the operator of a hotel review website has no obligation to verify user postings before publishing
• US DOT Fines Air Canada for Violating Price Advertising Rules
• USA: class action suit against YTB reinstated

Recent news items on the IFTTA website

• UNWTO: international tourist arrivals up 4.5 percent in the first four months of 2011
• UK: Office of Fair Trading Provides New Guidance on Competition Law
• DOT Fines Ticket Agents for Violations of Code-Share Disclosure and Price Advertising Rules
• European Court of Justice: Advocate General Sharpston delivers opinion on important air passenger rights issues
• Thailand withdraws from World Heritage Convention
• USA: Texas lawmakers want to ban invasive pat-downs at airports
• European Travel Law Forum + IFTTA workshop starting
• USA: Airlines sue DOT over consumer protection rules
• European Air Passenger Departure taxes detrimental to Kenya tourism?

IFTTA news update

• EU Commission publishes responses received on the ADR consultation including IFTTA paper
• Canada: no suspension of Warsaw Convention limitation period because of a plaintiff’s disability
• AIA: conference on ADR in the Aviation Sector and the sector of Tour Operators
• ECJ: advertising of entry-level prices for travel and tourist services admissible
• Survey on the attitudes of Europeans towards tourism 2011
• Switzerland: voters approve "suicide tourism"
• Air Zimbabwe suspended by IATA
• Canada: air carrier not liable for delay caused by mechanical problem
• European Court of Justice: air carrier must reasonably take account of the risk of delay and provide for a certain reserve time
• England and Wales: Legal Professional Privilege
• USA: DOT issues new passenger rights regulation
• EU: Commission updates list of air carriers subject to an operating ban
• Austria: reference for ECJ preliminary ruling with regard to Brussels I-Regulation
• German court asks ECJ: can a discontinued flight be regarded as delayed pursuant to Reg. 261/2004?
• Austria: court denies compensation for missed connecting flight

IFTTA Europe Workshop, Salzburg July 2, 2011

This year's workshop is connected to the European Travel Law Forum (June 30 - July 1, Salzburg). The focus of the Workshop will be on 'The review of the EU Air Passenger Rights Regulation 261/2004. The issues to be discussed in this regard will be prepared by a working group.

Find the programmes of both events as well as the according registration forms on the IFTTA website here>>.

News from the IFTTA website

• EU: towards stricter enforcement of passenger rights
• European Travel Law Forum andf IFTTA Europe Workshop 2011 in Salzburg/Austria/EU
• UK: Bribery Act 2011
• Class action on violation of EU Reg. 261/2004 filed in Illinois court
• Age rating for packages
• USA: Washington D.C. to sue OTAs for unpaid taxes
• USA: race discrimination claim preempted by Warsaw Convention

More news items at IFTTA website

• USA: Oklahoma's lawsuit against online travel companies dismissed
• Germany: Montreal liabilty limit for lost baggage applies per passenger regardless of number of checked pieces of baggage
• UNWTO: tourism a vehicle for gender equality
• Egypt: Minister of Tourism initiates new tourism campaign
• Ireland: Eyjafjallajökull eruption referred to the ECJ
• Finland: new reference for ECJ preliminary ruling regarding Reg. 261/2004 and "denied boarding"
• Austria: Supreme Court refers Pammer case back to court of first instance
• Mexico: President Calderon signs National Agenda for Tourism

Recent news postings on the IFTTA website

• WEF Travel & Tourism Competitiveness Report 2011 ranks Switzerland No 1
• China imposes tourist ban on Tibet
• USA: new Regulations on Nondiscrimination on the Basis of Disability in Public Accommodations to come into force
• Austria: discounts for elderly people in public transport must not apply from different ages for men and women
• Local authorization for Cruize stop off in island is denied by the Municipality on Carnival days.
• USA: no unjust enrichment through limited validity of airline gift cards
• France: new Transport Code
• Scottish Contract Law Reform: Rules of Interpretation
• IATA publishes 2010 Aviation Safety Performance report - lowest accident rate in history
• USA: local tolling rules do not apply to the limitation period of the Montreal Convention
• USA: Delta fined for non-compliance with Air Travelers with Disabilities Rules
• European Court of Justice: opinion on penalizing airport noise
• Germany: no liability for copyright infringements by hotel guests through WLAN
• Germany: yet another reference for preliminary ruling with regard to Reg. 261/2004
• USA: third attempt to introduce Air Passenger Bill of Rights
• Hotel must pay R$ 280,000,00 to man who lost his wife in crash (Brazil)
• EU Directive on Consumer Rights

Recent news postings on the IFTTA website

• USA: Air France fined for unlawful baggage liability disclaimer
• Canada: Warsaw Convention applied on non-complinace with wheelchair request
• Brazil: Gol Airlines must compensate the victim's sister to crash for R$ 120,000
• USA: court ruling entitles American Airlines to pull its fares from Orbitz
• USA: reasonable standard of care applies on pilot decisions to disembark passengers under Tokyo Convention
• UK: OFT Strategy on Online Shopping - Consumer Protection
• Germany: Prussian foundation entitled to interdict commercial photos and film-shots of its castles and gardens
• Hotelstars Union: Baltic Countries joined
• Europe: Consumer Centres' Network publishes survey on European Ski Resorts
• USA: some websites fail to identify operating carrier
• US Airport search angers Indian diplomat
• Germany: new reference for preliminary ruling with regard to Reg. 261/200
• USA/Brazil: open skies agreement
• France: Continental liable for Concorde crash

Find more at iftta.org.

IFTTA News Blog relocated to IFTTA Website

This news blog is continued at http://www.iftta.org/news. You can now find news on legislation, judgements, events, etc. relevant for travel and tourism law together with a lot more interesting material directly at our new IFTTA website.

See you there!

UK: Equality Act 2010

90% of the provisions of the Equality Act 2010 came into force on 1 October. This is a consolidating piece of legislation. The nine pieces of legislation being brought together under the Act are:
• Equal Pay Act 1970
• Sex Discrimination Act 1975
• Race Relations Act 1976
• Disability Discrimination Act 1995
• Employment Equality (Religion or Belief) Regulations 2003
• Employment Equality (Sexual Orientation) Regulations 2003
• Employment Equality (Age) Regulations 2006
• Equality Act 2006
• Equality Act (Sexual Orientation) Regulations 2007
Among the changes to the law introduced on 1 October include:
• Making pay secrecy clauses unenforceable. This will protect employees who choose to discuss their pay with each other for the purposes of uncovering discrimination. This is particularly helpful for those seeking to ensure that employers are not discriminating in pay and conditions between male and female employees.
• Extra protection for disabled people. The new law restricts the circumstances in which employers can ask job applicants questions about disability or health prior to offering them a position. This gives disabled applicants greater protection from employers that unfairly screen out disabled applicants.
• New powers for employment tribunals. Where an employer has discriminated against an employee, the tribunal will be allowed to make recommendations that could affect the whole workforce - for example, calling for harassment policies to be more effectively implemented - instead of being restricted to measures that will benefit the employee who brought the action.
• Employers have a responsibility to protect their staff, where possible, from harassment by customers.