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Travel Law Updates: EU, Australia, Brazil and Asia Pacific12 August 2025

Australia

There has been little progress on the Airline Passenger Protections (Pay on Delay) Bill 2024 since our initial report. This legislation was delayed by the Federal election earlier this year. As this was introduced and sponsored by opposition MPs and given the outcome of the election, its progress remains unclear.

The consultation period for Australia’s proposed air passenger rights charter closed in December and the re-elected Federal Transport Minister is yet to provide any public guidance on the status of the charter. This is particularly in relation to criticism of the charter that it does not impose positive obligations on airlines or provide consumers with rights which can be readily and practically enforced at airports and in the immediate period following a delayed or cancelled flight.

The key aspects of the charter are as follows:

  • airlines to be held responsible and accountable for disruptions to flights. This does not appear to address issues such as strikes, weather or air traffic, which can be outside the control of an airline;
  • rebooking, refunds and support, such as meals, accommodation and alternative transport, for delayed or cancelled flights and denied boarding without providing EU-style clear regulations and it will be up to airlines to decide what is reasonable in the circumstances;
  • safe and prompt baggage handling; and
  • accessible travel for all.

"Whilst the focus will be on airlines, OTAs and other intermediaries may become involved in claims for compensation, particularly where an airline refuses to pay compensation or an affected passenger rejects its offer."

What to watch

Whilst the focus will be on airlines, OTAs and other intermediaries may become involved in claims for compensation, particularly where an airline refuses to pay compensation or an affected passenger rejects its offer. Once the charter is finalised and becomes law, training for customer support and engagement teams should be conducted. This is particularly in relation to the party or parties actually responsible for compensation and for replacement or alternative flights.

QANTAS has suffered a major data security breach, resulting in unauthorised access to personal data of approximately 5.7m of its frequent flyers through an outsourced data/IT service provider based in the Philippines. While the airline has indicated that details such as credit cards and PIN numbers were not released, there are concerns that the data which has been accessed could be sold and used to gain access to other personal data of affected frequent flyers. A full investigation is underway and class actions on behalf of affected frequent flyers are likely to be filed in the coming months.

Key takeaways
  • online platforms which handle, store and retain personal data, including user preferences and details, should continue to act carefully and ensure that their cyber security remains responsive and up to date with current hacking tactics and techniques;
  • where data storage, management and/or use are outsourced, the duties and responsibilities of these outsource companies may become critical. These contracts should be reviewed to ensure that liability and indemnity provisions provide the outsourcing company with appropriate and effective protection and incentivise higher levels of cyber security by outsourcing companies; and
  • some of the accessed data, such as meal preferences, could be misused identify religious beliefs and minorities. Where this affects individuals, this could lead to criminal investigations and prosecution.

Brazil

In June, the Brazilian Supreme Court ruled that social networks should be responsible for content published by their users. This was not a unanimous decision. The Supreme Court was unable to agree on the consequences and this may be referred to the government for legislation. Whilst this appears focussed on social media platforms, it may apply to travel platforms which allow users to post content and comments. We will continue to monitor this judgment and the next steps.

European Union (EU)

Since our Q1 update, there have been developments in the EU in relation to pricing algorithm and collusion in the labour market.

Further to our Q1 update, in June 2025 the Netherlands’ Authority for Consumers and Markets (“ACM”) launched a market investigation into the use of computer-controlled consumer pricing in the Dutch airline sector.

The investigation focusses on pricing algorithms and how prices are determined through algorithms and data-driven systems, including:

  • dynamic pricing (which fluctuates based on demand and timing); and
  • personalised pricing (based on consumer profiles).

ACM is considering the potential effects on consumer welfare, such as reduced purchasing power due to increasingly precise pricing strategies. The airline sector was chosen for its societal relevance, high level of algorithmic pricing and the availability of data to support meaningful analysis.

ACM has now completed its initial review phase and is seeking feedback from the industry and stakeholders on its proposed research methods. With this aim it invited stakeholders (including consumers, businesses, and academics) to submit their views by 31 July 2025 on:

  • experiences with algorithmic pricing;
  • its effects on ticket sales; and
  • suggestions for improving the research approach.

Whilst consumer submissions will remain confidential, opinions from businesses and organisations may be published to ensure transparency. ACM plans to release provisional findings and recommendations in Q3/Q4 of 2025. Consultation available here.

Anti-competitive practices in labour markets (EU update)

In July 2025, the EU Commission imposed fines totalling €329m on Delivery Hero and Glovo for participating in a cartel that distorted competition in the online food delivery market across several EEA countries.

The EU Commission’s concluded that, between July 2018 and July 2022, the companies engaged in a series of anti-competitive practices, including:

  • a mutual agreement not to hire each other’s staff (a “no-poach” arrangement);
  • sharing commercially sensitive information, such as pricing strategies, cost structures, and market plans; and
  • dividing national markets to avoid competing with one another.

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"The EU Commission found that this relationship enabled sustained collusion, reducing consumer choice, limiting employment mobility and undermining innovation in a fast-growing digital sector."

These practices were facilitated by Delivery Hero’s minority shareholding in Glovo, which created a channel for coordination and later culminated in full ownership in July 2022. The EU Commission found that this relationship enabled sustained collusion, reducing consumer choice, limiting employment mobility and undermining innovation in a fast-growing digital sector.

Both companies acknowledged their involvement and opted to settle the case, receiving a 10% reduction in fines. The Commission highlighted this decision as a landmark case:

  • the first cartel finding in the EU’s labour market context; and
  • the first time a company was fined for using a minority shareholding to facilitate anti-competitive conduct.

The EU Commission noted that it will ensure fair competition in digital markets and warned that similar scrutiny may follow in other sectors where platform dominance and cross-ownership raise competition concerns.

Please here see for further details.

In June the French competition authority adopted a decision imposing fines on Alten, Expleo, Bertrandt and Ausy for mutual agreements not to hire each other’s employees. This is likely to impact crew and key employee employment terms and poaching practices. Please see further details.

On the radar

The Transport, Telecommunications and Energy Council has submitted to the EU Parliament a proposal to reform EU Regulation 261/2004. This regulation governs compensation for delayed and cancelled flights and the key proposed changes include:

  • revised mandatory compensation for delayed flights;
  • 14-day payment period for compensation;
  • reimbursement of up to 400% for rerouted flights;
  • a definition of ‘exceptional circumstances’; and
  • tarmac delays expressly included in the scope of the regulation.

The EU Parliament will now consider the proposed reforms and has the power to accept, reject or amend them.

Japan

In July 2025, Japanese police arrested a 28-year-old man on charges of fraudulent obstruction of business and intent to harass. He is alleged to have made 580 reservations at a hotel near Haneda Airport using several false names. This included making 258 bookings in a single night from a computer at his then employer. This has resulted in losses for the hotel of JPY17m (approximately US$113,787). This appears to be related to issues which arose during a stay at the hotel in November. The hotel, which has not been publicly identified, does not appear to require a credit card for bookings. While this is not unusual in the Japanese domestic hotel sector, requiring a credit card would have made it more difficult for this individual to make these bookings without the prospect of being charged for the bookings or at least a no-show fee. It is also likely that the credit card issuer would have suspended the card for suspected fraud where 258 bookings were made at the same hotel in one night.

What to watch

This is a timely reminder that online platforms should be vigilant for fraud and misuse in all markets and to ensure that their fraud detection systems could identify these transactions and suspend or cancel them as quickly as possible.

Thailand

Passenger rights for delayed and cancelled flights now in force.

On 20 May 2025, the Thai Civil Aviation Authority (“CAAT”) Regulation 101 came into force and provides passengers with rights in relation to delayed and cancelled flights and in respect of downgrades, upgrades and tarmac delays. These follow a similar structure to the compensation available in the European Union under EC Regulation No. 261/2004. The CAAT introduced these regulations to ensure passengers on international flights have rights where their flights are delayed or cancelled. This was prompted, in part, by complaints from passengers on delayed and cancelled international flights departing Thailand. Thailand had existing regulations for passenger rights and compensation for delayed and cancelled flights, but this only applied to domestic flights. Regulation 101 increases compensation for domestic flights under this existing regime. A key aspect of payment of compensation for cancelled or delayed flights is that compensation must be paid in cash immediately in case of domestic flights, and within 14 days of the affected flight in case of international flights. Where a passenger has booked and paid for the flight on a third-party platform, such as an online travel agent (“OTA”), the airline may not have the passenger’s payment details and must then be requested from the passenger. Passengers can also agree to be paid in the form of a credit or voucher for future travel, frequent flyer miles and other non-cash compensation. Whilst this should be dealt with between the airline and affected passengers, OTAs and other intermediaries should be prepared to receive and respond to claims from affected passengers for compensation and attempts by passengers to seek to book flights on that airline through an OTA platform using airline credits or vouchers.

On the radar

Regulation 101 requires airlines to have in place arrangements for hotels and meals for affected passengers by May 2024 rather than allowing airlines to deal with the need for accommodation as and when this becomes necessary. Airlines and airport hotels who have agreed terms and rates in May 2024 for passengers on delayed and cancelled flights will need to address changes in rates and availability as and when airlines require accommodation for affected passengers, particularly where the affected flight is several months after these rates were agreed. A key issue may be whether unavailability of rooms would constitute a breach of such agreements.

On 5 July, Thailand issued the Notification of the Electronic Transactions Commission on Measures to Prevent Technological Crimes for Social Media Service Providers. This requires social media platforms to remove false or falsified content which could result in a cybercrime within 24 hours of notice to do so from the Prevention and Suppression Division of the Ministry of Digital Economy and Society. The power of government agencies to do so results from an April 2025 amendment to the Cybercrime Prevention and Suppression Measures Emergency Decree 2023.

"Although the intended focus appears on social media platforms, travel platforms which allow users to post and share content will likely fall within the scope of this notice."

What to watch

Although the intended focus appears on social media platforms, travel platforms which allow users to post and share content will likely fall within the scope of this notice. The extent to which the notice can and will be enforced against offshore platforms is unclear. Online platforms and service providers could be jointly liable for cybercrimes cybercrimes unless they can prove that they have complied with the prescribed cybercrime prevention standards or measures.

APAC Wide

We are involved in or monitoring a range of investigations and proceedings against online platforms across the region, including in Australia, Japan, the Philippines, Singapore and South Korea. Government agencies, consumer protection organisations and class action lawyers are increasingly focussing on the conduct of on- and offshore platforms and using investigations and litigation and the resulting publicity to pressure online platforms to change their conduct, pay compensation or damages and to apologise to users, bookers and consumers.

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