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UK: Office of Fair Trading received super-complaint about travel money

On Sep. 21, 2011, the Office of Fair Trade (OFT) has received a super-complaint from Consumer Focus about the cost of obtaining foreign currency and overseas use of credit and debit cards. Consumer Focus identified three features which it has called on the OFT to investigate:the charges applied by some ...
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Seychelles: Sustainable Tourism Label announced

On the occasion of World Tourism Day on September 27, 2011, the Seychelles Tourism Board in partnership with the GOS-UNDP-GEF Program Coordination Unit has officially launched the Seychelles Sustainable Tourism Label with the unveiling of the label's logo.The label will be the Seychelles first ever sustainable tourism certification system to ...
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European Commission publishes results of the Online ticket Sales Sweep

Results of the 2010 sweep websites selling tickets to cultural and sporting events are positive, the Commission announced on 29 Sept. 2011: 88% of the websites checked for breach of EU consumer rules are now in line compared to only 40% in 2010. This sector was chosen after European Consumer ...
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World Travel & Tourism Council addresses governments on World Tourism Day

The World Travel & Tourism Council (WTTC) on the occasion of World Tourism Day on Sep. 27 urged governments to recognize the vast economic and social contribution of travel and tourism - particularly as a driver of sustainable economic growth and revival. The World Travel & Tourism Council was formed ...
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USA: Travel Association and ATA support new Visa legislation

The U.S. Travel Association (USTA) and the Air Transport Association of America (ATA) are supporting new legislation just introduced by Rep. Joe Heck (R-Nev.), H.R. 3039, the "Welcoming Business Travelers and Tourists to America Act of 2011" that would address problems with the U.S. visa system that are currently discouraging ...
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USA: DOT fines Virgin Atlantic for deceptive online advertising

The U.S. Department of Transportation has fined Virgin Atlantic USD 50,000 for deceptive online advertising. The DOT said that Virgin Atlantic displayed air fares, but without government taxes and fees. To see taxes and fees, consumers had to scroll down to the bottom of the page to read the fine ...
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France to impose new tax on luxury hotel rooms

On 7 September 2011, the French National Assembly has adopted a finance bill which includes a new 2% tax on hotel stays where rates exceed EUR 200 per night. The bill is subject to ratification by the French Senate. Once ratified the new tax shall be due as from 1 ...
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USA: DOT to require airlines to make their websites and kiosks accessible to disabled travelers

The U.S. Department of Transportation (DOT) proposed a regulation that would require airlines to make their websites accessible to individuals with disabilities and ensure that their ticket agents do the same. DOT also proposed that airlines make automated airport kiosks at U.S. airports accessible to passengers with disabilities. U.S. airports ...
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Conference: EU Passenger Law – Towards 2020, Leuven

I am happy to announce (on behalf of Jens Karsten) an upcoming conference organised by theLeuven Travel & Transport Law­‐Forum (LTTL-Forum):EUPassengerLaw–Towards2020Leuven (Belgium), December 6, 2011Emphasising inter alia the following topics:Lookingthroughtheashcloud–Aglimpseattheexpectationsoftoday'spassengersAmobilesocietyisgettingorganised:Intermodality&UserrightsforallmodesoftransportUserrightsintomorrow'stransportUnfaircommercialpracticesintravelPassengerlawdeterminantsforanewPackageTravelDirectivePresentations inter alia byEvelyneTerryn,Professor,UniversityofLeuvenSaïdElKhadraoui,MEPSiimKallas,Vice-PresidentoftheEuropeanCommissionMoniqueGoyens,DirectorGeneral,BEUCChristopherIrwin,Vice-President, EuropeanPassengersFederationPabloMendesdeLeon,PresidentoftheEuropeanAirLawAssociationSebastianDreyer,AirBerlinSalvatoreD'Acunto,HeadofUnit A4,DGMOVEThe draft programme can be found here:LTTL-Forum
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Interesting case! Preliminary Ruling: ECJ C-410/11

Preliminary ruling before ECJ lodged by Audiencia Provincial de Barcelona (national reference: QP/07238-A9, decision as of June 15, 2011): C-410/11 (Pedro Espada Sánchez ea/Iberia) Questions referred (1)Must the limit of 1 000 Special Drawing Rights per passenger, laid down in Article 22 of the Montreal Convention for the Unification of ...
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Austrian Supreme Court: hotel liable for theft from safe in hotel room

The plaintiffs (a German couple) sued a Vienna 4 star hotel company for compensation of more than EUR 160.000 of valuables stolen from the safe in their hotel room. When they had asked at the reception where to keep their valuables, the receptionist had told them to use the safe ...
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UK: TripAdvisor under ASA scrutiny

Following a huge number of complaints by hotels that the travel website did not check its reviews and many of them were misleading, fake or defamatory, TripAdvisor is to be investigated by the Advertising Standards Authority (ASA). Under its remit the ASA cannot investigate the veracity of the reviews, but ...
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UNWTO reports healthy growth of international tourism in first half of 2011

International tourism grew by almost 5% in the first half of 2011 totalling a new record of 440 million arrivals. Results confirm that, in spite of multiple challenges, international tourism continues to consolidate the return to growth initiated in 2010.All world (sub)regions showed positive trends with the exception of the ...
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Spain: another reference for preliminary ruling concerning Reg. 261/2004

On 28 June 2011, Juzgado de lo Mercantil de A Coruña (Spain) lodged a reference for preliminary ruling of the ECJ with regard to the following question:May the definition of 'denied boarding' contained in Article 2(j), in conjunction with Article 3(2) and 4(3), of Regulation (EC) No 261/2004, be regarded ...
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Portuguese court next to seek clarification of the “Sturgeon” judgement

On 8 July 2011, the Tribunal de Pequena Instância Cível de Lisboa (Portugal) lodged a reference for prelimiary ruling of the ECJ questioning the "Sturgeon" judgement of the Court as follows:As a result of the judgment of the Court of Justice of 19 November 2009 in Joined Cases C-402/07 and ...
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USA: DOT fines JetBlue for deceptive pricing

The U.S. Department of Transportation (DOT) fined JetBlue Airways USD 50,000 for violating federal aviation laws and the Department's rules prohibiting deceptive price advertising in air travel.The Department's Aviation Enforcement Office found that for a period of time in early 2011, JetBlue displayed fare advertisements on several websites that did ...
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Galapagos: new regulations to effect cruise itineries

New rules from Ecuador's Galapagos National Park limiting the number of visitors to ecologically sensitive sites will ease stress on the native animals, and alter cruise ship schedules. The regulations, which take effect Feb. 1, directly involve the 50 cruise companies that operate in the marine park. The new system ...
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IFTTA Law Review 2-2011 online

The second edition of our new "IFTTA Law Review" is now available in the members area of the website. It contains the following articles:Message of the Co-Presidents - Harry Manuel, Michael WukoschitzPolicy and Technical Issues regarding including of Dynamic Packages in the Package Travel Directive - Marc McDonald Case: U.S. ...
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The Netherlands contribute another reference for preliminary ruling challenging the “Sturgeon judgement”

The Dutch Rechtbank Breda on June 27, 2011 lodged a reference for preliminary ruling of the ECJ with regard to the following questions:Is a right to compensation in case of delay, as described in Article 7 of Regulation No 261/2004, consistent with the last sentence of Article 29 of the ...
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USA: new airline passenger protection rules took effect Aug. 23

The U.S. Department of Transportation(DOT) said new consumer protections for airline passengers are now effect starting Aug. 23. The new rules includerequirements that airlines refund baggage fees if bags are lost, increased compensation to passengers bumped from overbooked flights, and greater protections from lengthy tarmac delays.Additional measures under the new ...
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Austrian Constitutional Court: no state liability for alledgedly false application of the Package Travel Directive

The plaintiff (a lawyer) initially had sued a tour operator for mal-performance of a package travel contract. The claim had been dismissed by all instances as courts had held that the plaintiff had booked accomodation in a Dubai city hotel with half board and a shuttle service to the beach ...
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Austria: first reference for ECJ preliminary ruling regarding rail passenger rights

The Austrian "Schienen-Control Kommission Wien" has filed a reference for preliminary ruling of the ECJ with regard to the following questions:Is Article 8(2) of, in conjunction with Annex II, Part II, to, Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail ...
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German court regards ‘automatic’ inclusion of cancellation insurance to flight ticket price illegal

German Oberlandesgericht Jena recently held that it was an illegal trade practice to autmaticly include a cancellation insurance to the ticket price during the online booking process. Such practice would deceive the average consumer even if he had the option to avoid the inclusion of the insurance by unclicking the ...
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A tax windfall for airlines

A tax windfall for airlinesIt's not like theInternal Revenue Serviceto forgive and forget, especially when it comes to uncollected taxes.But that's what the federal tax collecting agency is doing about the two weeks when theFederal Aviation Administrationstopped collecting taxes on airline tickets.The FAA could not collect taxes from June 23 ...
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Albania’s Impressive Tourism Statistics

Albania's tourism industry continues to impress, with a record number of visitors crossing the border this weekend, according to a report in regional news portal Balkans.com on August 8 2011. According to the report, some 57,255 people entered the country over the weekend, with the main activity recorded at the ...
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Austria: hotel operator not liable for injury of a guest who tried to repair a jamming glass door

The plaintiff who was a former share holder of a hotel company (the defendant) and also the former companion of the defendant's director stayed in the defendant's hotel as a guest, when the director asked him to do her the favour to look for a jamming glass door in the ...
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Germany: the operator of a hotel review website has no obligation to verify user postings before publishing

In a recent decision the German Kammergericht Berlin held that the operator of a hotel review website has no obligation to verify user postings before publishing. A posting on a Swiss website had suggested that a certain hotel had a bed bug problem. Upon complaint of the hotelier, the operator ...
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US DOT Fines Air Canada for Violating Price Advertising Rules

DOT Fines Air Canada for Violating Price Advertising RulesDOT 100-11The U.S. Department of Transportation (DOT) today fined Air Canada $50,000 for violating the Department's rules prohibiting deceptive price advertising in air travel.“When passengers buy an airline ticket, they have a right to know how much they will have to pay,” ...
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USA: class action suit against YTB reinstated

The United States Court of Appeals for the Seventh Circuit in Illinois reinstated a class action lawsuit against YTB International, which offers booking websites and travel agent training. The class action is seeking $5 million in damages for more than 100 plaintiffs nationwide against Illinois-based YTB, also known as YourTravelBiz.com. ...
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European Union: New Regulation concerning statistics on tourism

Acknowleding a need to improve the availability, completeness and comprehensiveness of the basic tourism statistics, the European Union has published a new Regulation concerning statistics on tourism. The new Regulation 692/2011 repeals the Council Directive 95/57/EC.
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