This past week was dominated by stories regarding AI’s application and use in the travel industry (we’ve included only one of those stories) and recent activity on resort fees (two stories this week). Some highlights include:
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- U.S. Supreme Court Disappoints Those Seeking Clarity on Website Accessibility Standing. Although the court noted in its opinion that the issue of standing remains “very much alive,” the court’s decision on Tuesday finding that the much discussed website accessibility case was moot (and therefore not subject to review by the court) disappointed many. Will the court’s comments have a chilling effect on future frivolous claims, only time will tell.
- Booking Holdings Appeals ETraveli Veto. In a move that should surprise no one, Booking Holdings has formally appealed the EU Commissions’ veto of Booking’s planned ETraveli acquisition. Recall that the Commission blocked the planned acquisition on the grounds that the acquisition in one vertical (flights) would further strengthen its already dominant position in another vertical (hotels). Booking is challenging the Commission’s decision on the grounds that (a) the Commission’s application of the so-called “conglomerate” theory of harm was an unwarranted departure from its well-established merger practices and (b) the Commission’s comparison of the factual situation if the merger went through versus it not going through was entirely wrong. We will keep you apprised as the case moves forward.
- Resort Fee Update – Hilton Sued and Yet Another Bill Proposed in Congress. Travelers United is at it again. This time Hilton (after Hyatt and Sonesta) is the subject of proposed class action litigation brought by the group over resort fee disclosures. Congress is also at it again. Members of the House of Representatives introduced bi-partisan legislation this past week prohibiting hotels, short term rentals and distribution platforms from excluding mandatory fees from rates whenever they are marketed or displayed. The American Hotel and Lodging Association announced last week that it supported the legislation applauding the single standard approach across all booking channels. This latest proposal joins two other proposed bills – The Hotel Fees Transparency Act and the Junk Fee Prevention Act. We will continue to monitor all three pieces of legislation, which most view (at least today) as having little chance of passage.