Duff on Hospitality Law

Our weekly OTA & Travel Distribution Update for the week ending August 25, 2017 is below. This week’s Update once again shows that August is shaping up to be a relatively quiet month in the distribution world.

Yet Another Start Up Seeks to Make Short-Term Rentals More Like Hotels [SHORT-TERM RENTALS]
("Startup seeks to make vacation rentals more hotel-like," San Francisco Chronicle - Front Page, August 24, 2017)
Over the past few months, we have highlighted a number of new companies seeking to further commercialize short-term rentals by offering guests and hosts a variety of “hotel-like” standardized services. Add Bay Area startup, RedAwning, to that growing list. RedAwning serves as an intermediary between guests and commercial property managers and uses that position to provide a variety of services including marketing support, reservation processing and customer support.

A recent case in federal district court in Florida foreshadows the beginning of an expanded reach of Title III of the Americans with Disabilities Act (ADA). As a whole, the Act prohibits discrimination on the basis of disability. Recently, a growing number of lawsuits filed by the Department of Justice (DOJ) and private litigants threatening class action lawsuits serves as a strong caution to businesses operating websites to increase accessibility of those sites to disabled individuals.

This week’s Update for the week ending August, 18, 2017 is below. Short-term rental regulation is featured prominently in this week’s Update.

Hyatt and Expedia Come to Terms [OTA]
("Hyatt and Expedia Formally Sign New Deal," Skift Travel News, August 18, 2017)
Congratulations to both sides for resolving their differences and renewing their relationship.

This week’s OTA & Travel Distribution Update for the week ending August 11, 2017 (where has summer gone) is below. Compared to recent weeks, this past week was relatively quiet on the distribution front.

Priceline Revealed [OTA]
("The world’s largest online-travel company," The Economist - Business & Finance, July 27, 2017)
Two weeks ago, the Economist featured a highly-flattering overview of Priceline and its many online travel businesses. For those of you who don’t read the Economist or who didn’t see the article, we include it in this week’s Update. In short, the article describes Priceline as the often-overlooked online platform (overlooked perhaps because of its Connecticut, not Silicon Valley, address) that performs as well as, or even better than, many of its fellow technology titans (e.g. Apple, Amazon, Google, Netflix and Expedia).

This week’s OTA & Travel Distribution Update for the week ending August 4, 2017 is below. An important update on the status of rate parity in the EU leads things off in this week’s Update.

Add Italy to the List of EU Member States Banning Rate Parity [OTA/PARITY]
("Online platforms suffer setback as Italy outlaws hotel 'price parity' clauses," Mlex, August 2, 2017)
For more than 2 years now, we have been watching draft “competition” legislation work its way through the Italian legislature. Last week, the Italian Senate finally passed the legislation and by doing so joined France and Austria in their outright ban of rate parity provisions by OTAs and rejection of Booking.com’s narrow parity compromise. Hopefully, the Italians are better at taking advantage of this important change versus their French and Austrian counterparts.

Our weekly client OTA & Travel Distribution Update for the week ending July 28, 2017 is below. Two Expedia companies top this week’s Update.

Expedia Creates Newest Asian Travel Unicorn [OTA]
("Expedia invests $350M in Traveloka to create Southeast Asia’s newest unicorn," TechCrunch, July 28, 2017)
Expedia announced this past week a $350 million investment in Southeast Asia’s Traveloka. The investment values the company at over $1 billion.  Founded in 2012, Traveloka provides online travel services to Southeast Asia’s six primary markets – Indonesia, Thailand, Malaysia, Singapore, Vietnam and the Philippines. In addition to its investment, Expedia further strengthened its Southeast Asia presence through an agreement with Traveloka to make Expedia’s international inventory available to Traveloka users.

Integration of Short-Term Rentals Continues [METASEARCH / SHORT-TERM RENTALS]
("Google Is Testing Vacation Rental Search in Its Hotel Price-Comparison Tool," Skift Travel News, July 20, 2017)
In what was an otherwise quiet week in the distribution industry, Google’s decision to include short-term rentals as part of its lodging search results captured most of the attention. While short-term rentals have appeared sporadically on Google’s Hotel Ads in the past, Google’s recent introduction of a dedicated “vacation rental” filter for users searching accommodations in one of Europe’s many major cities is a huge step. Initial searches indicate that Booking.com is the largest participant in the new accommodations category and notably, none of the large, dedicated short-term rental platforms have appeared in test searches. With the addition of short-term rentals on its widely used metasearch platform, Google now joins other large platforms (e.g. Booking.com and Expedia) by offering short-term rentals alongside more traditional  accommodations.

A number of updated and new stories in this week’s OTA & Travel Distribution Update for the week ending July 14, 2017. We hope you enjoy.

Expedia’s MeetingMarket Now Speaks English [OTA/GROUP]
("Expedia extends MeetingMarket, English-speaking markets first," Tnooz News Feed, July 12, 2017)

We’ve previously reported on Expedia’s small group booking platform (MeetingMarket) and its recent expansion in Germany. Now, according to Expedia, the platform is ready for its introduction in English speaking markets – primarily as a white label solution. Expedia’s focus on leveraging the MeetingMarket platform first as a white-label solution (as opposed to a standalone, branded small group marketplace) is just one more example of Expedia’s effort to expand its product and service offerings beyond its many well-known booking and metasearch platforms. Expect an announcement soon on the first North American hotel company to embrace this new Expedia offering.

CMA Seeks to Educate UK Hoteliers [PARITY]
("Competition watchdog urges hotels to take advantage of demise of price parity," The Caterer - Latest Hospitality News, July 5, 2017)

If you recall, one of the key takeaways from the European Commission’s recently released study on the effectiveness of the narrow parity compromise reached by EU competition authorities with Booking.com (and subsequently Expedia) was the fact that EU hoteliers were largely unaware of the compromise or its effects. The UK’s Competition and Market Authority (CMA) released last week a bulletin intending to change that. The CMA issued a single-page overview of the Booking.com compromise advising UK hoteliers of their ability to offer different rates and availability to competing OTAs. For anyone still unfamiliar with the Booking.com compromise, the overview provides a clear and concise summary of the UK’s (and the majority of EU member states’) current approach to parity.

Our weekly OTA & Travel Distribution Update for the week ending June 30, 2017 is below. A mix of stories in this week’s update...

Airbnb Continues Its March Toward Mainstream Lodging (SHORT-TERM RENTALS)
("Airbnb signs partnership with Flight Centre’s corporate travel brands," Tnooz News Feed, June 29, 2017)
Abnb announced last week its agreement with Flight Centre Travel Group to feature portions of Airbnb’s inventory with Flight Centre’s corporate travel brands FCM Travel Solutions and Corporate Traveler.  Although this newly announced partnership applies only in Australia and New Zealand, it is yet another example of Airbnb’s ongoing efforts to grow its presence in the mainstream (and lucrative) business travel market. According to Airbnb’s announcement of the new partnership, at least 10% of Airbnb’s bookings now come from business travelers.