Kenya tourism and aviation show signs of positive growth

Kenya is expected to record positive growth in the tourism and aviation sectors, signaling a new trend in East African tourism development over the next 10 years. Kenya’s tourism is projected to grow at 6 percent annually over the next decade. Reports from Nairobi indicate that tourism growth has been recorded at 5.9 percent, surpassing other economic sectors.

The World Travel and Tourism Council (WTTC) report shows that Kenya’s travel and tourism industry is larger than mining, chemical, and automotive manufacturing sectors combined. The economic value of the business and leisure travel sector accounts for 10 percent of Kenya’s Gross Domestic Product (GDP), which is almost the same size as Kenya’s banking sector, the report shows.

Travel and tourism directly supports employment nearly 3 times as many jobs as the banking sector and more than twice as many jobs as the financial services sector in the country. More than 1.1 million direct, indirect, and induced jobs were supported by the tourism industry in 2016, or 9.2 percent of the country’s total employment.

“These figures show that the tourism sector is not only a major engine to economic growth in Kenya, but it is also a creator of jobs,” said David Scowsill, president and chief executive officer of WTTC. “In Kenya, as in other countries, travel and tourism provides jobs across all levels of society and from the most remote rural areas to the busiest city center.”

The report by WTTC indicates that Kenya will need another 500,000 people to serve the travel and tourism industry over the next 10 years. “In order for our sector to continue to boost the economy and livelihoods in Kenya, it is important to address the anticipated talent shortage,” Scowsill added. “We depend on quality people to deliver a quality product to our customers.”

Scowsill said right policies, programs and partnerships need to be put into place to ensure that Kenya’s workforce of the future knows about the opportunities in the industry. He added that appropriate skills and knowledge in the workforce would support future growth of the sector.

“Kenya is a beautiful country with a great tourism product, and I call on the Kenyan government to continue to invest in the travel and tourism sector to foster the growth and further explore the great socio-economic benefits our sector has to offer,” he said.

Countries researched in the study by WTTC included the United Kingdom, the United States, Germany, France, China, South Africa, Kenya, Russia, Saudi Arabia, India, Singapore, Argentina, and Canada. Others were Turkey, Jamaica, Thailand, Spain, South Korea, Italy, Indonesia, Malaysia, Brazil, Australia, the United Arab Emirates, Peru, Japan, and Mexico.

In the field of aviation, Kenya supports up to 620,000 direct and indirect jobs including employment in the tourism sector, a study by the International Air Transport Association (IATA) has concluded. The aviation industry contributed nearly Sh330 billion (US$3.2 billion) to Kenya’s economy, or 5.1 percent of the country’s GDP, according to the IATA report.

The findings are among highlights of the “Importance of Air Transport to Kenya” study which was conducted by Oxford Economics on behalf of IATA. “The study confirms the vital role that air transport plays in facilitating more than US$10 billion in exports, some US$4.4 billion in foreign direct investment, and around US$800,000 in inbound leisure and business tourism for Kenya,” said Muhammad Albakri, IATA’s regional vice president for the Middle East and Africa. However, by adopting policies that ensure a competitive operating environment for the airlines, Kenya could reap even greater dividends from aviation.”

According to executives surveyed by the World Economic Forum, Kenya’s transport infrastructure quality score places the country sixth out of 37 African countries surveyed and 78th globally. Kenya was ranked 31st out of the 37 African countries for cost competitiveness in the air transport industry, based on air ticket taxes, airport charges, and Value Added Tax. On visa openness, Kenya was ranked 10th out of the 37 African countries which were in the survey.

Around 130,000 aircraft land and take off from one of Kenya’s 5 main airports every year. The Jomo Kenyatta International Airport is the key gateway and handled more than 5.8 million passengers in 2014. “While Kenya’s air transport infrastructure ranks highly among African states, it is important that heavy fees, taxes, and charges do not hold aviation back,” Mr. Albakri said. “We are very encouraged by the news that the Kenya Airports Authority (KAA) has embarked on a study to review airport charges downwards.”

Mr. Albakri, who is soon making his first visit to Africa in his new capacity, also expected to visit Kenya. During his visit to Nairobi, the IATA official will be meeting with key industry stakeholders including officials from the government, the Kenya Civil Aviation Authority, KAA, and the African Airlines Association.

Airline passengers prefer self-service technologies

Young african businessman waiting for flight at the airport lounge and talking on mobile phone. Businessman in casuals sitting on chair and waiting for plane.

Passenger satisfaction is higher during the airline journey when self-service technologies are used, particularly at bag tag and collection, and passport checkpoints. This is according to the 2017 SITA Passenger IT Trends Survey, a global survey released today by IT provider SITA and co-sponsored by Air Transport World. The survey shows that passengers rate their journey very highly with an overall satisfaction rate of 8.2 of out 10 but this is boosted even further when technologies such as mobile services and biometrics are used.

Ilya Gutlin, President, Air Travel Solutions, SITA, said: “Passengers are increasingly comfortable with the use of technology in their everyday lives, and they are demanding more services as they appreciate the benefits technology can bring to their journey. Airports and airlines can take note that technology solutions can boost passenger satisfaction every step of the way.”

In the global air transport industry, identity checks are a vital element of the passenger journey. SITA’s survey shows that technology, such as biometrics, can support security while offering a better passenger experience. Automated identity checks at passport control and boarding increases passenger satisfaction.

A total of 37% of travelers surveyed by SITA used automated ID control on their last flight. Of these, 55% said they had used biometrics at departure security, 33% for boarding and 12% for international arrivals. Looking forward, 57% of passengers said they would use biometrics for their next trip.

Passengers who use biometrics are highly satisfied. In fact, they rated the experience 8.4, well above the ratings for face-to-face transactions at passport check (8) and boarding (8.2), demonstrating passenger acceptance of this secure technology to deliver a seamless journey.

Baggage collection is another area where technology is improving the passenger experience. Airlines and airports are helping to relieve the anxiety of waiting for bags to arrive by providing real-time information to passengers. On their last flight, more than half (58%) of passengers who checked in bags received real-time bag-collection information upon arrival.

These passengers were happier than those who did not receive any information, rating their experience 8.4 out 10. Passengers are even more satisfied when they receive the information to their mobile devices. SITA’s survey shows that this bumped up satisfaction levels by an extra 10%.

Technology is also driving passenger satisfaction for baggage management earlier in the journey as more airlines and airports offer self-bag tagging. The use of this technology increased satisfaction to a rating of 8.4 out of 10. Nearly half (47%) of all passengers took advantage of a self-service tagging option on their most recent trip, which is a healthy increase from 31% in 2016. As more self-bag tag options are made available we can expect passenger satisfaction at this point of the journey to increase.

This year’s survey also highlights that as passengers become more familiar using technology during travel, the more likely they are to switch to newer, more efficient platforms. They are increasingly using smarter, mobile-enabled websites to book and check-in. Airline and airport apps, meanwhile, meet passengers’ desire for new services to help them better manage their journey. They want personalized information about their flight, their baggage and how to find their gate directly on their mobile device.

The appetite for new services using technology is high: three quarters (74%) of passengers say they would definitely use flight and gate alerts pushed to their mobile devices; 57% would use airport wayfinding; and 57% would use biometrics to smooth identification each step of the way.

Gutlin said: “Passengers aren’t deciding anymore whether they should use technology but which technology to use. They want to make each step of the journey as easy as possible. Tech adoption will be driven by both context and usability. For this reason, a clear focus on the end-users’ demands should shape the services airlines and airports offer.”

This is the 12th edition of the SITA/ATW Passenger IT Trends Survey. It was conducted with more than 7,000 passengers from 17 countries across the Americas, Asia, Europe, the Middle East and Africa representing almost three-quarters of global passenger traffic.

SITA: US airline passengers are careful planners

LAS VEGAS, NV – New research from IT provider SITA shows the majority (58%) of US air travelers are “careful planners” who double check their travel documents and turn up at the airport early.

September 10, 2015

It’s not Zambia, it’s not Zimbabwe – it’s Africa

Zimbabwe’s Minister of Tourism, known as the man for Africa tourism, the Honorable Dr. Walter Mzembi, shared this essay on Victoria Falls. It was done by a high school student who the minister met in New Delhi, India, while campaigning to be Secretary General of the UNWTO in February 2017. It is entitled, “The Crowning Glory of Africa.” The story is about one of the biggest tourism attractions on the continent – the mighty Victoria Falls, on the border between Zimbabwe and Zambia.

Some would dispute over the identity of the Falls. Well, let me tell you – it’s not Zambian. It’s not Zimbabwean. It is African.

The Victoria Falls is the highlight of the continent. Located in both Zambia and Zimbabwe, it has a shared identity and covers areas of both countries, its bridge marking the border between Zambia and Zimbabwe.

The Victoria Falls are the pride of Africa, the continent hosting the largest waterfall in the world. To me, the largest waterfall was never defined, and I longed to see it since the first time I learned that something known as Victoria Falls existed. The name itself sounds so grand, true to its origin of being named after the Queen Victoria by its founder – David Livingstone. I had read a whole lot about him, and oh well, while I was travelling with two neatly-packed suitcases, a designer sun hat, and a backpack filled with food, only to discover the Falls for myself, that guy endured years of severe discomfort in the African bush, battled man-eating crocodiles, was bitten by a lion and lost his arm, all to discover the Falls for the world.

And now, the world revels in its beauty every year.

High school student, Udita Bajaj, who Minister Mzembi met in New Delhi, India – author of this article

The Falls are shrouded deep in the heart of the trail of nature. Oh, and it’s a long way even to get to the start of the trail – especially if you’re coming all the way from India, like I was.

I won’t lie. Traveling more than 4,500 miles was nothing less than overwhelming fatigue. A total of 11 hours spent cooped up in an aircraft – from Delhi to Lusaka, then to Harare, and then to the Falls – to say the least – gave me sores. And of course, I couldn’t wait to get to our hotel and plump myself on the bed, sink into the fluffy mattress, or perhaps relax near the pool with drink in hand under the morning sun… Oh, and a sunbath would really be nice… Victoria Falls could wait till the day after, could it not? Of course not, when the family has other plans.

Let’s just say – I felt forbidden to relax and enjoy the luxuries of one of the numerous hotels near the Falls that I had most ardently chosen. And, oh, hasn’t the country done a marvelous job at enhancing the tourism in this place!

There are innumerable hotels to choose from, each with its own charm and reflection of the beauty of the Falls. The Batonka Guest Lodge, The Elephant Camp, The Victoria Falls hotel – each provide their customers with the best experience, be it in terms of the staff, the ambiance, the rooms – everything! And yes, my stay at the Kingdom Hotel was no less. The one thing which set apart Kingdom Hotel from the rest was its atmosphere. It was lively. It was spirited. And with its miniature waterfalls, and tribal-like decoration, it held in it the true essence of Africa – all of it in itself.

We left precisely three hours after our flight landed. My dream of luxuriously gorging on hot pancakes, chocolate waffles, and every other delicacy one gets offered at breakfast in the Kingdom Hotel went down the drain as I was forced to gulp some hash browns and corn stew in less than two-and-a-half minutes, only to set off on foot on the entire two-kilometer walk to the falls.

My legs were definitely not pleased, nor were my eyes. I was on a dismal route in the middle of nothingness. The barren, desolate land stretched as far as the eye could see. There was just… sand on both sides with perhaps one odd tree in the distance. Soon enough my heart gave up and I closed my eyes, wanting to come out of this dream. But when I opened them, I found myself immersed deep into one.

The leaves whispered in bright, yet hushed tones. A soft whistle… followed by innumerable thunderous ones. The swirl of wind evoked no dust, no dirt. It was only a greeting, a way of nature to welcome the human. It was a sign of peace, an agreement and a request of not meddling with nature. We humbly took it and surged forward on the hills and rocks. The stone path was wet, dotted with small leaves. The sound of a heavy sheet of gushing water was evident and loud. The Falls were close, and as tired as I already was, I couldn’t just take a leisure walk when I was this close to living my dream.

I’m a traveler. I’ve ventured to several tourist destinations around the world, and each one is adorned with man-made structures, implanted fountains and statues, ticket counters, the hustle-bustle of tourists, the use of walkie-talkies, computers – all to make it convenient and attractive. To MAKE it beautiful. But here, in complete solitude, with minimal human interference, there is no need to make it beautiful, because it in itself IS beautiful.

All my fatigue, all my irritation washed way when I laid my eyes upon the Falls. Livingstone was right – “Scenes so lovely must have been gazed upon by angels in their flight.”

I stood at the edge of one of the cliffs, shuddering in my raincoat. The fog enveloped me in delicate swirls as if readying me for an other-worldly realm. So, I waited for it to clear for me to finally see the Falls. A minute passed. Then two. But the sky in front didn’t produce what I wanted to see. Instead, shimmering rainbows appeared one be one, like those that appear in fairytales. It was far from reality. Thirteen rainbows gleamed into existence, as if marking our entrance into the natural world. And when the fog cleared, I fell. Deep down into the depths of this enchanting reverie. And I won’t deny – I was at a complete loss for words.

The Victoria Falls isn’t the highest waterfall, nor is it the widest waterfall, but based on a combined width of 5,604 feet and height of 354 feet, it is the “Largest Waterfall.” Victoria Falls is roughly twice the height of North America’s Niagara Falls and well over twice the width of its Horseshoe Falls. This largest sheet of falling water is formed when the fast-flowing Zambezi River plummets in a single vertical drop into a transverse chasm, as the Falls reach full width.

To all those who claim that Niagara Falls is “better” – how? Now, I’ve seen both, and the Victoria Falls is just as stunning. The statistics don’t matter. It is the feeling it evokes in you that does. This God’s realm is situated in the heart of nature, away from the quagmire of the world outside. And in such an era, such beauty, such tranquility is hard to find. I was lucky to find some there and with the deep sound and peaceful sight of the falling mass of water, the smell of wet earth and sprinkles of water, the sweet and fresh taste and touch of the mist, nothing could be better.

Hon. Dr. Walter Mzembi

My ardent desire to just rest and admire the Falls all day was starkly shattered by the family. Their plans were mountainous (and somewhat ominous). It was just noon, so we had a whole day of activities planned over here! The Victoria Falls has a multitude of activities! If you’re up for the ultimate adventure – how about swimming IN the Falls? Through years of erosion, many rock pools have formed at the edge of the Falls, one of them being the Devil’s Pool. Only open from mid-August to January when the water levels are low, this ultimate infinity pool is ONLY for the dauntless ones. The force of the river in the pool carries you to the edge as the rock lip brings you to a halt while the raging waters of the Zambezi strike over the cliffs ahead. Of course, there are attendants to ensure your safety. Our guide suggested this wonderful activity for us. I refused, most certain that I did not have a death wish. Instead, I settled for an Art Safari. It’s Africa, so why not? Not only does one get to explore the wildlife – the essence of Africa – which includes elephants, buffalos, hippopotamus, baboons, monkeys, cheetahs… just to name a few, but also one gets to experience and absorb the local culture. In the Village Art Safari, one gets an insight into the local Ndebele culture in the Mpisi’s Village. This communal living area is true to the culturally-rich lifestyle of Africa. The interactive workshops, private tutor, and a special traditional meal really bring this enriching experience alive! And yet again, I experienced what it is like to be serene, a sense you can hardly ever feel in these times.

This serenity soon turned into thrill with our mutual agreement on the day’s next few activities. Time to set foot on the border, where the bridge swing and bungee jump were waiting for us! Want to tempt fate? Become a human pendulum? Your deepest desires would definitely be fulfilled here. Mine most certainly were as I pushed all my fear behind myself and took the plunge. And I wished every day after that, that I could live every feeling I felt during that one hour once again.

The Batonka Gorge in the Falls is the best place one can do the bridge swing. This 80-meter freefall gives you the adrenaline rush you need as you swing in a giant arc while taking in the beautiful views. I settled for that, and I’m glad I did. It was the best experience in my entire life, and that’s saying a lot, considering that I’m a traveler. The bungee jump, on the other hand, rattled my nerves as I watched the brother fall through 111 meters of weightlessness. I could hear his shrieks. His joy was evident. Both the activities we did were worth it. I remember that before I did it, a million thoughts were rushing through my mind. What will happen? Would I hurt myself? Would I die? It isn’t easy jumping off a bridge. But my hesitation turned into freedom as I took the leap. It made me scream. It made me laugh. It made me feel alive.

And tired.

So, at dusk, we got the treat we very much craved for. The Victoria Falls Sunset Cruise. The Zambezi Explorer Cruise Company really took us for a ride as we sailed upstream to the setting African sun. No – it isn’t just relaxing. It’s reviving. While the red sky gleams in all its glory, sitting in the cruise, you can relish in the evening ritual of wild herds streaming to the river banks for their last drink, and see flocks of all types of birds skimming the water line, slowing rising way above the dying ball of fire as you sail away. And as the sun lurched away into the earth’s womb, Curacao glass in hand, I settled back onto the deck couches with my family, reveling in the memories of one of the most beautiful places in the world – the “Crowning Glory of Africa:” The Victoria Falls.

Kenya tourism and aviation show signs of positive growth

Kenya is expected to record positive growth in the tourism and aviation sectors, signaling a new trend in East African tourism development over the next 10 years. Kenya’s tourism is projected to grow at 6 percent annually over the next decade. Reports from Nairobi indicate that tourism growth has been recorded at 5.9 percent, surpassing other economic sectors.

The World Travel and Tourism Council (WTTC) report shows that Kenya’s travel and tourism industry is larger than mining, chemical, and automotive manufacturing sectors combined. The economic value of the business and leisure travel sector accounts for 10 percent of Kenya’s Gross Domestic Product (GDP), which is almost the same size as Kenya’s banking sector, the report shows.

Travel and tourism directly supports employment nearly 3 times as many jobs as the banking sector and more than twice as many jobs as the financial services sector in the country. More than 1.1 million direct, indirect, and induced jobs were supported by the tourism industry in 2016, or 9.2 percent of the country’s total employment.

“These figures show that the tourism sector is not only a major engine to economic growth in Kenya, but it is also a creator of jobs,” said David Scowsill, president and chief executive officer of WTTC. “In Kenya, as in other countries, travel and tourism provides jobs across all levels of society and from the most remote rural areas to the busiest city center.”

The report by WTTC indicates that Kenya will need another 500,000 people to serve the travel and tourism industry over the next 10 years. “In order for our sector to continue to boost the economy and livelihoods in Kenya, it is important to address the anticipated talent shortage,” Scowsill added. “We depend on quality people to deliver a quality product to our customers.”

Scowsill said right policies, programs and partnerships need to be put into place to ensure that Kenya’s workforce of the future knows about the opportunities in the industry. He added that appropriate skills and knowledge in the workforce would support future growth of the sector.

“Kenya is a beautiful country with a great tourism product, and I call on the Kenyan government to continue to invest in the travel and tourism sector to foster the growth and further explore the great socio-economic benefits our sector has to offer,” he said.

Countries researched in the study by WTTC included the United Kingdom, the United States, Germany, France, China, South Africa, Kenya, Russia, Saudi Arabia, India, Singapore, Argentina, and Canada. Others were Turkey, Jamaica, Thailand, Spain, South Korea, Italy, Indonesia, Malaysia, Brazil, Australia, the United Arab Emirates, Peru, Japan, and Mexico.

In the field of aviation, Kenya supports up to 620,000 direct and indirect jobs including employment in the tourism sector, a study by the International Air Transport Association (IATA) has concluded. The aviation industry contributed nearly Sh330 billion (US$3.2 billion) to Kenya’s economy, or 5.1 percent of the country’s GDP, according to the IATA report.

The findings are among highlights of the “Importance of Air Transport to Kenya” study which was conducted by Oxford Economics on behalf of IATA. “The study confirms the vital role that air transport plays in facilitating more than US$10 billion in exports, some US$4.4 billion in foreign direct investment, and around US$800,000 in inbound leisure and business tourism for Kenya,” said Muhammad Albakri, IATA’s regional vice president for the Middle East and Africa. However, by adopting policies that ensure a competitive operating environment for the airlines, Kenya could reap even greater dividends from aviation.”

According to executives surveyed by the World Economic Forum, Kenya’s transport infrastructure quality score places the country sixth out of 37 African countries surveyed and 78th globally. Kenya was ranked 31st out of the 37 African countries for cost competitiveness in the air transport industry, based on air ticket taxes, airport charges, and Value Added Tax. On visa openness, Kenya was ranked 10th out of the 37 African countries which were in the survey.

Around 130,000 aircraft land and take off from one of Kenya’s 5 main airports every year. The Jomo Kenyatta International Airport is the key gateway and handled more than 5.8 million passengers in 2014. “While Kenya’s air transport infrastructure ranks highly among African states, it is important that heavy fees, taxes, and charges do not hold aviation back,” Mr. Albakri said. “We are very encouraged by the news that the Kenya Airports Authority (KAA) has embarked on a study to review airport charges downwards.”

Mr. Albakri, who is soon making his first visit to Africa in his new capacity, also expected to visit Kenya. During his visit to Nairobi, the IATA official will be meeting with key industry stakeholders including officials from the government, the Kenya Civil Aviation Authority, KAA, and the African Airlines Association.

One Step Closer to Providing 100 Percent Global Aircraft Surveillance

eTN Feature Story:

Aireon announced today the successful launch and deployment of the second batch of 10 Iridium NEXT satellites, carrying its space-based automatic dependent surveillance broadcast (ADS-B) payloads. This launch has increased the total number of Aireon payloads in orbit to 20 with another 55 destined for space in a series of six additional launches planned for the next twelve months. Aireon’s technology will provide real-time, 100 percent global air traffic surveillance and tracking, which will for the first time bring aircraft visibility to all regions of the planet.

“With two successful launches under our belt, we are making great progress towards bringing our service to a reality,” said Vinny Capezzuto, chief technology officer and vice president of engineering, Aireon. “Just like with the first batch of our payloads, we will go through a rigorous process of testing and validating each individual payload, pushing their limits to maximize operational effectiveness.”

Since the first successful launch in January, Aireon has activated 8 payloads and has received over one billion aircraft position reports. In addition, the company has conducted successful flights tests with the Federal Aviation Administration (FAA) and NAV CANADA, which validated the technology’s capabilities and allowed for further fine tuning. The Aireon payloads, which were manufactured by Harris Corporation, will be hosted on all 81 Iridium NEXT satellites, 75 of which are scheduled for launch. The operational Iridium NEXT constellation will consist of 66 satellites, with the remaining nine serving as on-orbit spares and six additional ground spares.

Click here to read the full article on eTiurboNews.

If your baggage is delayed, are you entitled to a refund of the airline fee?

In this week’s article, we discuss the case of Hickcox-Huffman v. US Airways, Inc., 2017 U.S. App. LEXIS 7847 (9th Cir. 2017) in which “Hayley Hickcox-Huffman (plaintiff) bought a ticket on US Airways to fly from Colorado Springs, Colorado, to San Luis Obispo, California. She checked one bag. Airlines have different policies on charging for baggage, and the same airline may change its policy from time to time. Some charge nothing for checking one bag, some charge fees in varying amounts. US Airways charged (plaintiff) $15 to check her bag. Her bag did not show up on the baggage carousel and US Airways delivered it to her the next day. (Plaintiff) filed a putative class action to get her $15 back (and) seeks to represent ‘[a]ll US Airways passengers traveling domestic flights who were charged and paid a baggage fee or fees, and whose bags were delayed or lost, and who upon notifying defendant of the delay or loss did not receive a refund of their baggage fee(s) from US Airways’”. Does the plaintiff have a case?

Terror Targets Update

Tonic For Terror: Drink Up, Please

In Shaftel, How to Ease Travel Anxiety in an Era of Terror: Travel More, nytimes.com (6/8/2017) it was noted that “Every time any anxiety about travel seems to have subsided, new horrific and deadly terrorist attacks in Britain, like the one at London Bridge on Saturday, close to where my wife and I once lived, and the bombing just days before at the Manchester Arena, have brought my worries back to the fore, especially since we off to London in a couple of weeks. But while I can’t seem to outrun the creep of travel anxiety, I remain committed to traveling, and this, I’ve found is the best tonic”.

Britain: “You’re Next”

In Callimachi & Fourquest, Long Before It Lost Turf, ISIS Was Already Targeting Britain, nytimes.com (6/10/2017) it was noted that “In the weeks after Islamic State operatives struck Paris in November 2015, the group released a prerecorded video of the killers. They stared into the camera, waved serrated knives, raged at the West and specifically warned Britain: You’re next. Footage showed scenes of London through a gunsight. For the next 13 months, the Islamic State and those inspired by the group killed and maimed in Brussels, Berlin, Nice and Normandy as well as across the Atlantic in California and Florida…The strikes in the past week against the capitals of the United Kingdom and Iran followed back-to-back attacks in recent months in Britain…’This is for Allah!’ the attackers were heard screaming in the latest bloodshed in London as they plunged knives into their victims”.

Philippines

In Passock, Duterte, Focused on Drug Users in Philippines, Ignored Rise of ISIS, nytimes.com, it was noted that “Hundreds of militants belonging to the Maute Group and its allies fighting under the black flag of the Islamic State, also known as ISIS, seized Marawi three weeks ago, leading to a battle with the Philippine armed forces and the biggest test yet of Mr. Duterte’s leadership…A president who has focused on a deadly antidrug campaign that has claimed the lives lot thousands of Filipinos seems to have been caught unprepared for a militant threat that has been festering in the south for years”.

Paris, France

In 12 injured after Molotov cocktail thrown at Paris suburb restaurant, travelwirenews.com (6/11/2017) it was noted that “Two people sustained serious burns and 10 others were slightly injured after a suspected Molotov cocktail attack on a restaurant in a Paris suburb (of) Aubervillers, a commune in the Seine-Saint-Denis district”.

Indonesia

In Daesh cells present in nearly all Indonesian provinces: Military chief, travelwirenews (6/13/2017) it was noted that “The military chief in Jakarta says Daesh is present in almost all the Indonesian provinces as the Middle East-based Takfiri terror group is expanding its foothold in Southeast Asia…Militants have launched several terrorist attacks across Indonesia over the past few years, in the latest such assaults, two bombings claimed by Daesh rocked a bus station in eastern Jakarta on May 24, killing three police officers”.

Munich, Germany

In Shooting takes place at subway station, leaves casualties, travelwirenews.com (6/13/2017) it was noted that “A shooting incident has taken place at a subway station in a suburb of the southern German city of Munich, leaving several people wounded, including a police officer”.

Alexandria, Virginia

In Shear, Goldman * Cochrane, Steve Scalise Among 4 Shot at Baseball Field: Suspect Is Dead, nytimes.com (6/14/2017) it was noted that “A lone gunman who was said to be distraught over President Trump’s election opened fire on members of the Republican congressional baseball team at a practice in this Washington suburb on Wednesday, using a rifle to shower the field with bullets that struck four people, including Steve Scalise, the majority whip of the House of Representatives”.

Mogadishu, Somalia

In Suicide attack on Mogadishu hotel kills 9, eturbonews.com (6/14/2017) it was noted that “At least nine people were killed as a suicide bomber drove an explosive-laden car into a hotel in Somalia’s capital…He said that a terrorist drove his car into the entrance of the Posh Hotel in the center of the city”.

In Al Shabab restaurant assault leaves 18 dead in Mogadishu, travelwrirenews.com (6/15/2017) it was noted that “Men prepare the transport of bodies of civilians killed in an attack at the Pizza House restaurant in Mogadishu on June 15, 2017. A suicide car bombing and assault by Shabab militants on two neighboring restaurants in Somalia’s capital…ended Thursday morning with 18 dead”.

Jerusalem, Israel

In Israeli policewoman ‘in critical condition’ after simultaneous stabbing attacks in Jerusalem, travelwirenews.com (6/16/2017) it was noted that “A 20-year-old Israeli border guard is in critical condition in a Jerusalem hospital and several civilians are injured after two simulations knife and gun assaults…Three assailants have been killed”.

San Francisco, California

In San Francisco shooting leaves 4 dead, travelwrienews.com (6/14/2017) it was noted that “A man with an ‘assault pistol’ has killed three people before turning the gun on himself in San Francisco”.

Big Fire In London

In Bilefsky, Grenfell Tower Death Toll Rises to 17, U.K. Government Is Criticized, nytimes.com (6/15/2017) it was noted that “with the death toll from horrific London fire rising and many residents still unaccounted for, Prime Minister Theresa May-under pressure from critics-on Thursday ordered a formal inquiry into the disaster that turned an apartment tower into a smoldering ruin”.

Trump Travel Banned

In Liptak, Trump Loses Travel Ban Ruling in Appeals Court, nytimes.com (6/12/2017) it was noted that “A second federal appeals court has ruled against President Trump’s revised travel ban, delivering on Monday the latest in a string of defeats for the administration’s efforts to limit travel from several predominantly Muslim countries”.

Cuba No, Yankee Si

In Davis, Trump Reverses Pieces of Obama-Era Engagement With Cuba, nytimes.com (6/16/2017) it was noted that “President Trump announced on Friday that he was reversing crucial pieces of what he called a ‘terrible ad misguided deal’ with Cuba and will reinstate travel and commercial restrictions eased by the Obama administration in an attempt to obtain additional concessions from the Cuban government…’We will not be silent in the face of communist oppression any longer’ Mr. Trump said…As part of the new policy, Americans will no longer be able to plan their own private trips to Cuba, and those who go as part of authorized educational tours will be subject to strict new rules and audits to ensure that they are not going just as tourists. American companies and citizens will also be barred from doing business with any firm controlled by the Cuban military or its intelligence or security services, walling off crucial parts of the economy, including much of the tourist sector, from American access”.

Cuba’s New Luxury Hotels

In McConnon, Cuba’s New Luxury Hotels Look to Lure Waves of U.S. Tourists, nytimes.com (5/9/2017) it was noted that “In Havana’s Parque Central, shady stone benches and graceful palm trees beckon to mojito-sipping tourists and locals gathering to shoot the breeze. The gathering spot, in the center of town, is surrounded by horse-drawn carriages and long lines of colorful finned-and-chromes 1950’s cars. But more utilitarian vehicles have recently begun circling the square: construction equipment transforming old buildings into luxury hotels”.

Laptop Ban

In Chiem, Laptop Ban May Extend To 71 Airports, DHS Head Says, law360.com (6/8/2017) it was noted that “The federal government is considering expanding a ban on large electronics like laptops in carry-on bags to cover U.S.-bound flights from up to 71 airports, a substantial increase from the 10 airports subject to the current ban (which are) from the majority-Muslim countries”.

Sharing Economy Overview

One of the most significant commercial developments in recent years has been the advent of the sharing economy. “If you own a car and own or rent a house or apartment you may have an asset which can be rented to others for short periods of time. What makes this simple concept so revolutionary and disruptive to the hotel and taxi industries, particularly in New York City and San Francisco, is the connectivity between owners and renters provided by the Internet “digital clearinghouses” such as Airbnb, Inc., Uber Technologies, Inc. and Lyft, Inc. Airbnb is a short-term home or apartment rental company that matches hosts worldwide with rooms to let with tourists who want to rent them. Uber and Lyft both offer car service, but with a twist. They pay drivers to supply and drive their own cars. Passengers order car service by using a smartphone app to locate an available Uber or Lyft vehicle. Tourists love it. Venture capitalists love it. However, as Airbnb, Uber and Lyft have spread across the United States and throughout the world, their explosive growth has created a stir among the hotel and taxi industries and governmental officials”.

Uber Culture Shakeup

See Daniels, Uber Senior VP Out After Covington Workplace Culture Probe, law360.com (6/12/2017) it was noted that Emil Michael, Uber’s senior vice president of business, has left the company…following multiple reports that said an investigation into workplace culture by Covington & Burling LLP recommended he leave. The board of directors for Uber…unanimously agreed to adopt the Covington report and recommendations on workplace culture after meeting in Los Angeles…CEO Travis Kalanick is considering taking a temporary leave of absence…A separate ;probe from Perkins Cole LLP that looked into specific allegations of harassment and other misconduct at Uber led to 20 employees getting fired last week, while 31 others are in training and seven received a final warning”); msb.comIsaac, Uber Fires Executives Over Handling of Rape Investigation, nytimes.com (6/7/2017) (“Uber has fired a senior executive who obtained the medical records lot a woman who was raped by an Uber driver in India, the latest example of misconduct unearthed at the ride-hailing giant”); Isaac, Uber Fires 20 Amid Investigation Into Workplace Culture, nytimes.com (6/6/2017) (“Uber has fired 20employees over harassment, discrimination and inappropriate behavior, as the ride-hailing company tries to contain the fallout from a series of toxic revelations about its workplace”).law360.com

Sharing Economy Lawsuits

“While Airbnb, Uber and Lyft are immensely popular with consumers worldwide their existence in any given locale in problematic. In some cities, these sharing economy juggernauts are banned, in others they are limited and subject to an occasional riot and in others they are welcomed with open arms. As Airbnb, Uber and Lyft have evolved from revolutionaries of the sharing economy to accepted transportation and short-term rental institutions, so too have the number and scope of lawsuits brought against them or by them”. Lawsuits have been brought by e.g., consumers [Philliben v. Uber Technologies (safe ride fees)], drivers [O’Connor v. Uber Technologies, Inc. (employees or independent contractors); Ehret v. Uber Technologies, Inc. (withholding gratuities); Meyer v. Kalanick (antitrust price fixing)], Uber [Wallen v. St. Louis Metropolitan Taxicab Commission (antitrust)], Lyft [ Cotter v. Lyft, Inc. (denial of preliminary approval of class action settlement),competing taxicab companies [Boston Cab Dispatch, Inc. v. Uber Technologies, Inc. (unfair competition); Yellow Cab Group, LLC v. Uber Technologies, Inc. (unfair competition)] and Airbnb [Airbnb, Inc. v. City and County of San Francisco (challenging restrictive ordinance); Airbnb, Inc. v. City of Santa Monica (challenging restrictive ordinance); Airbnb. Inc. v. Eric Schneiderman (challenging state and city regulations).

Sharing Economy Articles

I have written the following articles on the sharing economy: Uber: The Turning of the Tide, Law360.com (4/24/2017); Uber On The Brink, Law360.com (5/8/2017); Uber May Have Met Its Waterloo, law360.com (5/20/2017); A Look At Airbnb’s Legal Battles Across The US, Law360.com (5/9/2017); How Airbnb Facilitates Profiteering In New York City, law360.com (6/5/2017); Dickerson & Hinds-Radix, Apartment and Car Sharing: A Disruptive Internet Revolution, newyorklawjournal.com (8/12/2014); Dickerson & Cohen, Taxis and Ride-Sharing: Meeting New York City’s Car Service Needs, newyorklawjournal.com (7/30/2015); Dickerson & Hinds-Radix, Airbnb and Uber: From Revolution to Institution, newyorklawjournal.com (4/22/2016); Dickerson & Hinds-Radix, Ramping Up the Penalties for Apartment Sharing in New York City, newyorklawjournal.com (11/22/2016); Dickerson, Uber: The Turning Point, Westchester Lawyer (1/2017).See also: Dickerson, Travel Law, Law Journal Press at 3.04 (2017).

Airbnb Homesharing Myth Exposed

In New Study Shatters Airbnb Homesharing Myth, ahla.com (3/9/2017) it was noted that “The American Hotel & Lodging Association (AHLA) release a new report today that examines the rise of commercial activity taking place on Airbnb nationwide. This study, Hosts with Multiple Units-A Key driver of Airbnb Growth reveals that Airbnb’s business is moving even further away from true home sharing: 81% of Airbnb’s U.S. revenue-$4.6 billion-comes from whole-unit rentals (those rentals where the owner is not present during the time of the rental). Airbnb has allowed the growth of ‘illegal hotels’ that are often unregulated properties operating in residential neighborhoods and…are disrupting communities, impacting affordable housing and jeopardizing safety and security for guests and neighbors alike”.

Uber Unions In Seattle?

In Mulvaney, Seattle, ‘Laboratory’ for Innovative Labor Laws, Makes Cases for Uber Unions, nationallawjournal.com (6/5/2017) it was noted that “Seattle is urging a federal appeals court to revise the city’s effort to serve as a gig economy ‘laboratory’ in which drivers who work for Uber. Lyft and other ridesharing companies are allowed to unionize. The case will test how far traditional protections for workers extend in the rapidly growing sharing economy. A federal trial judge in Aril blocked the Seattle law that would have permitted drivers for ride-hailing companies there to collectively bargain…The Seattle ordinance marked the first attempt in the country to ensure collective bargaining rights for the workers in the growing and contentious area of the law”.

Sharing Yellow Cabs

In Hu, New Yorkers Try a Startling Idea: Sharing Yellow Cabs, nytimes.com (6/6/2017) it was noted that “Fighting over a yellow cab is a long-enshrined tradition on the streets of New York City…But instead of fighting, how about this jarring idea: sharing. A new service gives passengers in thousands of yellow taxis the option of making space in the back seat for a stranger, in return for discounted fares. The shared rides are being offered through an unusual partnership between two competing ride-hailing apps: Via, which runs car pools in parts of Manhattan, Brooklyn and Queens, and Curb, an alternative to sticking out an arm to hail a cab. The service is the latest effort to help the city’s troubled yellow taxi industry”.therecorder.com

Stay Away From Chicago

In Smith, A Chicago Neighborhood Faces a New Fear: Assault-Style Rifles, nytimes.com (5/11/2017) it was noted that “Over a five-day stretch this month, in a single police district on this city’s South Side, 13 people were shot with assault-style rifles. The victims included two police officers wounded while sitting in a van. And 10 others were shot on Sunday during an impromptu memorial service for a man who had been killed a few hours earlier near the same spot along a neighborhood street”.

Travel Law Case Of The Week

In Hickcox-Huffman the Court noted that the plaintiff’s complaint pleads (1) ‘breach of self-imposed undertaking’, (2) ‘breach of express contract’, (3) ‘breach of implied contract’, (4) ‘breach of contract-federal common law’, (5) ‘breach of the covenant of good faith and fair dealing’, (6) ‘unjust enrichment’, (7) ‘intentional misrepresentation’ and (8) ‘negligent misrepresentation’. All the claims are for refunds of what she and other passengers paid as baggage fees, on the theory that US Airway did not do what is promised to do in exchange for the money”.

Terms Of Transportation

“To show the terms of the agreement (plaintiff) attached US Airways’ ‘Terms of Transportation’ to the complaint. The terms say that ‘Travel on US Airways shall be deemed acceptance by the customer of US Airways’ terms of transportation’. In boldface, they explain that “US Airways shall In No Event Be Liable For Any Indirect, Special Or Consequential Damages’ but makes an exception for baggage: ‘Except Baggage Liability, Section 11′. The publication also says that ‘US Airways has voluntarily established a program setting standards for service levels’ regarding baggage and has ‘committed to…[p]rovide on-time baggage delivery’ and ‘[m]ake prompt refunds’”.

Claim Limits & Procedures

“Section 11 addresses baggage and subsection 11.6 addresses ‘baggage claim limits and procedures’. That subsection limits liability for ‘loss, delay or damage’ to a dollar ceiling, and requires written notice of a claim for any ‘delay of checked baggage’ within 45 days of the incident for domestic travel. And it says that if the checked baggage is not returned to the customer ‘upon arrival’, then the airlines will make ‘every effort’ to return it within 24 hours”.

Preemption

“The district court dismissed the complaint on the grounds that (plaintiff’s) claims were preempted by the Airline Deregulation Act (reasoning) that (plaintiff’s) claims related to an airline ‘service’, a preempted category under the Act and the contract language was not specific enough to avoid preemption, we review the district court’s ruling on preemption de novo”.

Airline Deregulation Act

“The Airline Deregulation Act (ADA) sought to promote ‘maximum reliance on competitive market forces…to promote the needed air transportation system…[and] to encourage efficient and well-managed air carriers…To prevent the states from undermining this new free market approach, Congress prohibited them from enacting or enforcing any law ‘related to a price, route or service of an air carrier’”.

Breach Of Contract Not Preempted

“Thus, even after (Northwest, Inc. v. Ginsberg, 134 S. Ct. 1422 (2014)) if (plaintiff) has adequately pleaded breach of a contract provision that US Airways voluntarily entered into, her claim is not preempted. The essential elements of a breach of contract claim are the existence of an enforceable contract, the defendant’s breach and damages to the plaintiff caused by the breach. (Plaintiff) pleaded the terms stated by US Airways in its terms of transportation, supported her averment that she checked one bag and paid US Airways’ $15 charge with documentary evidence and additionally alleged that the bag was not delivered to her until the day after her arrival. She requested restitution damages of $15 that she paid for timely delivery of her checked bag. We look to the terms of transportation to see whether it may be read as a contract to deliver the bag when she landed, rather than the next day”.

The Word “Timely”

“The airline has contracted to carry the passenger’s baggage at a rate of $15 for the first bag and $25 for the second. The theory of her claim…is that US Airways promised her timely delivery, that is, delivery of her bag upon arrival in exchange for $15…US Airways uses the term ‘timely’ to mean upon arrival. It expressly commits itself to ‘on-time baggage delivery’. In its subsection addressing baggage claims for ‘loss, damage or delay’ it refers the passenger to its policy on ‘delayed’ baggage. And it commits itself to applying this ‘delayed baggage’ policy if it ‘fails to return checked baggage upon arrival at the destination’. These terms establish that US Airways treats timeliness of baggage delivery as delivery when the passenger arrives at the destination, and teats delivery after that time as delivery of ‘delayed’ baggage. Thus, under the terms of transportation, she properly pleaded breach of the promise that delivery of her bag would be ‘timely’…the $15 (plaintiff) paid was consideration for delivery upon her arrival at her destination of her checked bag…Because (plaintiff’s) claim is for breach of contract of a voluntarily assumed contractual undertaking…the claim is not preempted by the ADA”.

Airline Defenses

“US Airways argues that because the airline does not expressly promise a refund if baggage is delayed, there is no breach of contract and no obligation to refund (plaintiff). But a contract may be enforceable even if it does not specify a remedy for a breach…Refunds are among the remedies traditionally recognized as among those which be granted ‘as justice requires’…US Airways warns, ‘If (plaintiff) were to prevail on her claims, airlines would be required to deliver checked baggage on-time or to provide that service for free’. We do not see why that argument undermines the contract claim. One airline may offer ‘first bag free’, another may offer ‘bag deliver within 20 minutes or we will give you a mileage award’, another may charge $50 for the first bag and expressly exclude any responsibility if the bag does not arrive on the carousel when the passenger lands. And another may offer timely delivery of the first bag for $15, which would mean if the bag is not timely delivered, the passenger has not gotten what she paid for and is entitled to a contract remedy, the smallest of which is probably just getting her $15 back”.

Conclusion

“If promises such as the alternative possible baggage deals hypothesized are not enforced, hen the competitive market forces sought by Congress cannot operate, because a passenger with any experience or knowledge will know better than to make choices based on the unenforceable competing offers. Passengers would not respond to competitive and differing offers, if passengers knew that the offerors could break their promises without impunity…(Plaintiff has pleaded breach of contract (which) is not preempted, and her pleading if true, establishes a breach of contract”.

The author, Thomas A. Dickerson, is a retired Associate Justice of the Appellate Division, Second Department of the New York State Supreme Court and has been writing about Travel Law for 41 years including his annually updated law books, Travel Law, Law Journal Press (2016), Litigating International Torts in U.S. Courts, Thomson Reuters WestLaw (2016), Class Actions: The Law of 50 States, Law Journal Press (2016) and over 400 legal articles many of which are available at nycourts.gov/courts/9jd/taxcertatd.shtml. For additional travel law news and developments, especially, in the member states of the EU see IFTTA.org

This article may not be reproduced without the permission of Thomas A. Dickerson.

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The carry-on-baggage police will soon be out in force at airports

As American, United and US Airways prepare to start collecting fees on every piece of checked luggage, including $30 round trip to check one bag and an additional $50 round trip to check a second, they are also getting ready to strictly enforce limits on carry-on baggage - which are…

June 18, 2008

Nigeria: Insurance Experts Caution Airline Operators Against Foreign Premium Ratings

AFRICA:

By Ebere Nwoji

Aviation Insurance experts have said airline operators in Nigeria should stop benchmarking their premium rates with those of Nigerian neighbours like South Africa, London and other western countries arguing that safety culture in Nigera is very poor when compared with those of other countries.

The aviation insurance experts, spoke against complaints by Nigerian airline operators that aviation insurance operators in Nigeria charge high insurance premium whereas their counterparts in other counties charge lower rates.

The airline operators spoke while answering questions from insurance journalists on why some of them violate the federal government’s local content law which requires them to cede their businesses to indigenous insurance firms and get clearance from the National Insurance Commission (NAICOM) before taking their business surplus abroad.

A member of the Airline operators of Nigeria (AON) who spoke in this regard said that some of their members sneak abroad to buy their insurance policy despite the local content law because insurance rate in Nigeria is very high and operators are looking for ways of cutting cost.

The operator, who however said his statement did not mean his airline insures abroad, said Nigerian insurers, should look for ways of reducing their rates to encourage those who sneak abroad for their insurance needs to patronise them.

But in a swift reaction to this, Chairman Nigeria Insurers Association (NIA), the umbrella body of insurance underwriters in Nigeria Eddie Efekoha, in a recent interview with THISDAY in his office said there is no basis of comparison between Nigerian aviation insurance providers and their foreign counterparts because the level of risk exposures of both differs.

According to him, countries’ risks differ.

“All these aviation operators over there, do they pay premium on monthly or daily basis and when you get to the airport, look at our airports, with all the touts and what have you so everything is wrong with it so the rates cannot but be high. When we get our things right, the premium can reduce. Of course size is an issue. You are generating a premium for instance that cannot buy one plane but like the likes of BA, their premium can buy three Planes. So size is an issue,” he explained.

Continuing, the NIA boss stated:” You find out that we have multiplicity of problems when it comes to aviation insurance in Nigeria and you must take all of these into account in your rating. What is rating? First of all, it starts with underwriting; look at the good features and look at the bad features and all these help you to determine your average rate, The good ones will help you to determine your discount rate, the bad ones will help you to blow the rates in order to come with the rates that apply to that particular risk.

He added: “When you bring all of these into specific operators, you then look at their managements. We had issues; I don’t have to name them. Number one, airline has problem; and when there are financial problems, what happens; what do you do, you begin to cut corners. So, what do you expect the rates to be? Do you expect the rates to be lowest compared with emirate, or compare with BA, who are they comparing with? Emirates that had a fleet of almost a thousand or if you want to compare them, the largest we had in Nigeria before was about 28, today, the largest is not more than 15 .Is that what you want to compare is it up to fleet an individual will own in America. So there is no basis of comparison.”

Speaking, Managing Director, Boof Africa Insurance Brokers, Olumide Fatagun, said there is general poor attitude of airline operators towards insurance premium payment.

He said apart from the issue of insuring abroad due to high premium rate, most aircraft flying in this country are probably flying without cover.

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