tourism legal definition

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• Travel and Tourism /

Tourism Law: Importance, Types, List of Laws

• Updated on  
• Feb 18, 2023

The tourism sector is booming more than ever. The fact that the revenue travel and tourism market is anticipated to reach approximately US$ 854.80bn in 2023 contributes to the industry’s expansion. According to a Statista analysis, Revenue is anticipated to rise at a rate of 4.41% per year (CAGR 2023–2027), with a predicted market value of US$1,016.00 billion by 2027. There has always been a need to govern and monitor the patterns and execution of specific laws and regulations which keep things and stakeholders organized given the expanding demand for different parts of the tourism industry. You are on the right page if you are wondering what tourism law is all about. Continue reading to know more about it.

This Blog Includes:

What is tourism law, why do we need a tourism law, environment-related , protection of tourists and health, business and commerce related, related to industries and labour, social and welfare laws, licenses applicable in hotel liquor license organizations, laws related to foreign tourists, laws related to transportation, criminal activities related laws.

Tourism In simple terms, specific rules governing the travel and hospitality industries are referred to as tourism law. The tourism industry is dependent on several factors. The World Tourism Organization launched an information service on tourism legislation on its main website. By 1998, the document centre had amassed more than 2000 pieces of legislation governing the key sectors of travel and tourism in more than 140 nations.

Due to the diversity of tourism, there isn’t a single object that can be referred to as a tourist law. However, laws are often used in the tourism sector to control, authorize, encourage, empower, or outlaw the commercial and recreational activities of both visitors and service providers. Additionally, there are laws recognising the rights of tourists as well as contract laws governing the relationships across industry sectors. 

According to Ronaldo A. Kaiser (Travel and Tourism Law, 1994), tourism laws create and define seven basic concepts:

• Travel is a legal right.
• Safe and adequate accommodations must await the traveller.
• Reliable and safe transportation must be readily available.
• All travellers should have access to such accommodations.
• Travel and accommodation costs must be reasonable
• Regulation of the travel and tourism industry is necessary, and 
• A redressal mechanism for transgressions of rights and regulations is necessary.

What should all be included by the tourism legislation on the bucket list is the primary issue that arises. In general, tourist law would aim to clearly and unambiguously define the duties and obligations of the various tourism-related sectors towards both the customer and the service providers. The following functional areas can be used to categorize the numerous tourism laws that have been developed or introduced around the world:

• Those related to the protection of tourists
• Those related to border controls,
• Those related to quality services
• Those related to the protection of the environment
• Those related to the conservation of historical sites and monuments
• Those related to economic development
• Those determine the relationship between various segments of the tourism industry.

Nevertheless, more and more areas are being added, such as visitor safety, health and hygiene, and privacy protection, in addition to numerous environmental laws and regulations that have developed over time.

The growth of tourism as a significant industry has highlighted the necessity for a positive working relationship between travellers and service providers. Let’s understand why we need a tourism law.

The goal of travel legislation, according to the World Tourism Organization (UNWTO), is to provide a legal framework for the proper growth and administration of tourism-related activities. Ideally, this will contribute to the protection of cultural traditions as well as natural resources. Additionally, travel businesses and customers are given fundamental legal protection. However, there is a notable lack of enforcement of tourism legislation worldwide, hence, it is understandable that popular nations also struggle to monitor and enforce regulations designed to safeguard tourists.

List of Tourism Laws in India

Tourist laws currently in effect are identical to those that are governed by Indian law and the judiciary. Numerous laws have an effect on or are associated with tourism, both directly and indirectly. 

The Indian government has not enacted any tourist legislation or any central tourism legislation. However, in 2002, the National Tourism Policy was formed for the growth and promotion of the tourism industry, and it incorporates fundamental principles for preserving the interests of travellers and tourism firms. But different regulations apply to different parts of tourism. They are listed below.

• The Indian Forest Act
• The Wildlife Protection Act
• The Forest Act
• The Forest Conservation Act
• The Air Prevention and Control of Pollution Act
• The Environment Act
• The National Environment Tribunal Act
• Coastal Zone Regulations
• The Ancient Monuments Act
• Regulations made by the Archaeological Survey of India
• Guidelines issued by the Ministry of Culture
• Indian Penal Code
• Consumer Protection Act
• Prevention of Food Adulteration Act
• The Partnership Act 1932
• Negotiable Instrument Act 1881
• Sales of Goods Act 1930
• Shops and Establishment Act (State Specific)
• Indian Contract Act, 1872
• Health Protection Act (No Smoking Laws) 1996
• The Factories Act 1948
• Payment of Wages Act 1936
• The Minimum Wages Act of 1948
• Equal Remuneration Act of 1976
• Trade Union Act of 1948
• Industrial Dispute Act 1947
• The Employees Provident Fund and Miscellaneous Provisions Act 1952
• Payment of Gratuity Act 1972
• Payment of Bonus Act 1966
• Employees State Insurance Act 1948
• Maternity Benefit Act 1961
• Workmen Compensation Act of 1923
• Apprentices Act 1961
• Grant of Liquor License to Hotels/Restaurants/Clubs for Service Liquor
• Registration of Foreign License
• Foreign Exchange Regulation Acts 1973
• Lodging House License 
• Eating House License
• Fire and Safety License
• Swimming Pool License
• Public Amusement License
• Video Games Parlor License
• Foreigner Act of 1946
• Passport Act of 1967
• Laws Related to Transportation 
• Baggage Amendment Rules 2006
• Motor Vehicle Act of 1988
• Aircraft Act of 1934
• The Carriage by Air Act 1972
• Indian Penal Code 1860 
• Criminal Procedure Code 1973
• Evidence Act 1872
• Narcotic Drugs and Psychotropic Substances Act 1985
• Indian Tobacco Control Act of 2003
• The Immoral Traffic (Prevention) Act, 1956

Ans. There are typically three rules that must be observed when foreigners visit India: The Foreigners Registration Act of 1939 and the Passport (Entry into India) Act of 1920 Moreover, the 1946 Foreigners Act.

Ans. There are three basic forms of tourism: domestic tourism, inbound tourism, and outbound tourism.

Ans. The term “tourism laws” refers to a collection of national, state, and international laws that govern many facets and operations of the travel industry. For instance, travel legislation may include rules governing work, hospitality, or public health.

Many enthusiastic adventurers and those who enjoy travelling and discovering the unexplored beauties of the globe are drawn to the tourism sector. Numerous laws and regulations cover tourism-related enterprises and activities in the majority of countries. There are many different kinds of tourism-related laws that have been passed in numerous nations, covering subjects like tourist protection, border controls, service standards, environmental protection, preservation of historical sites and monuments, regulations of the tourism industry, and the interaction between various travel and tourism industry segments. Follow Leverage Edu for more interesting blogs.

Nidhi Mishra

Nidhi Mishra is an educator who also enjoys writing content. She has earned an undergraduate degree in Mass Communication, B.Ed, and post graduation in Counseling Psychology with a specialization in Organizational Behavior. She has a wide range of expertise creating content for a number of educational niches, including K–12, experiential learning, teachers' and employees' training to name a few.

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Travel & tourism law: What you need to know in 2021

Tourism and hospitality are intimately linked with rules and regulations. It helps to guarantee that tourists and industry personnel work in a decent and equal environment.

The travel and tourism sector encompasses a wide range of commercial operations such as transportation, accommodation, entertainment, meals, and retail goods. This established area of the American economy accounts for 2.9 % of the gross domestic product (GDP) of the country and openly employs 5.7 million persons. While employment and real output in travel and tourism have grown in recent years, they have not entirely recovered from the 2007-2009 crisis. In this context, Congress will consider reauthorizing or extending the Travel Promotion Act of 2009, which launched a nationwide promotion and marketing push to attract overseas tourists to spend time in the US. In the post-world war II era, the global travel and tourism industry grew to become a significant economic area for many countries. According to the WTTC, global travel and tourism activities directly supported more than 100 million employments in 2012, and this figure is expected to rise to 125 million by 2023. International struggle for tourists is extreme. In 1980, Europe and North America were the world's top tourist destinations, accounting for more than 80% of the worldwide market. 

Over the previous several decades, there have been a considerable number of researches created on the specific issue of tourism activities, with an emphasis on the internal movements of tourism. However, legal scientific study on the nature of tourist regulation is still in its early stages. Furthermore, managers of hospitality and tourist-related firms must grasp not just the day-to-day operations of their organization, but also the legal elements of hospitality and tourism management as a whole.

Types of tourism Tourism includes a wide range of activities, as user partialities have shifted from mass tourism, which is characterized by a huge number of persons seeking travel and cultural involvements parallel to their own, to unusual methods of tourism, which emphasize a greater level of contact between host and tourist. The following are some of the main or fast-rising tourist sectors: Heritage and culture tourism, Medical tourism, Conventions, Ecotourism, Agriculture tourism, Space tourism.

What is tourism law and why do we need this? The primary goal of tourism law is to create a regulatory framework for the correct use, development, and control of tourist activities, which is backed by the United Nations World Tourism Organization (UNWTO). Essentially, the existence of the legislation will aid in the preservation of cultural traditions as well as the conservation of natural resources, among other social, political, and economic benefits. Furthermore, passengers and other stakeholders might benefit from fundamental legal protection via transparent processes. Nowadays, well-liked countries in the sector are battling to keep an eye on and implement practical legislation to safeguard tourist activities and ensure advantages derived from them. Tourism law is an exclusive field of laws that combines basic government laws with rules particular to the travel and hospitality industries. The goal of travel laws, according to the American law policy , is to provide a legal framework for the appropriate growth and control of tourism operations. Tourism laws are a mash-up of state, federal, and international laws that govern many parts and activities of the tourism sector. Travel law, for example, may include everything from hospitality community health guidelines to employment. The primary goal of tourism law is to offer an unbiased and equal atmosphere for travelers and travel organizations. For instance, tourism law comes into performance when it comes to products and facilities supplied, as well as circumstances where rules are in place to guarantee restaurants serve safe food and have safe premises.

The travel law The law of travel or travel law refers to the regulations that control both corporate and individual behavior in the travel industry, whereas international law of travel refers to the laws, processes, agreements, and treaties that control international travel. Travel law is a somewhat specialized topic of law that might be particularly intriguing since it may require pursuing a claim in a foreign jurisdiction. It addresses a wide range of difficulties, such as international accident litigation, contractual recovery processes against foreign suppliers, package travel regulations, and international and national regulatory compliance. According to the Lawrina.com online website, the objective is to promote legal principles such as public law, tort law, trust law, employment law, and contract law, as well as to govern international travel law. Contract law, employment law, tourism and hospitality practices, antitrust restrictions, regulatory and agency compliance, and knowledge of particular international agreements and treaties are all included into international travel law to provide a comprehensive set of rules for the travel industry. 

Hospitality industry and hospitality law Hotels, casinos, and resorts are examples of hospitality service industries that provide comfort and assistance to strangers, whether commercial or non-commercial.  Hospitality also gives rise to the phrases hospital, hospice, and hostel, and these institutions retain a stronger sense of personal care. Hospitality ethics is the study of how people use hospitality. 

The corpus of law dealing with the foodservice, travel, and hotel sectors is known as hospitality law. That is, it is the corpus of legislation that governs the specifics of hotels, restaurants, bars, spas, country clubs, meeting and conference planners, and other businesses. Hospitality law encompasses more than one aspect of the law. It covers a wide range of practice areas, including contracts, antitrust, tort law, and others. For instance, every hotel or restaurant must follow safety of food and rules to maintain the pureness of the food served to consumers. Eateries must follow proper food control, and violations can result in a court complaint or a fine. Hotel management is responsible for ensuring that their premises are safe to live in and use in the lodging sector:

• Travel and Tourism law makes and describes seven simple concepts:
• It is a legal right to travel.
• Transportation that is both dependable and safe must be easily available.
• Lodgings should be available to all travelers.
• The traveler must be accommodated in a safe and appropriate manner.
• Travel and lodging expenses must be affordable.

Conclusion Tourism and hospitality are intimately linked with rules and regulations. It helps to guarantee that tourists and industry personnel work in a decent and equal environment. Because it is also necessary for company owners to grasp it in order to prevent a legal complaint or penalties.

Main photo by Edward Lich from Pixabay

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Tourism & Hospitality Law: Introduction to Tourism & Hospitality Law

Introduction to Tourism & Hospitality Law

By Marlysa Razak and Chang Wai Leng

Tourism is a multi-billion dollar industry and Malaysia generated a huge sum of income from tourism. According to the New Straits Times, in the year 2018, tourism generated an income of approximately RM84.1 billion to the Malaysian economy. The industry covers areas such as, inter alia , transportation, accommodation, money exchange, immigration and customs, levy and taxes. 

The tourism and hospitality industry represents a broad range of undertakings, including accommodations, restaurants, tourism destinations and attractions, airlines and other transportation. 

Like any other industries, tourism has its peculiar regulations and sets of rules. The general laws such as contract and tort apply to the tourism industry, while specific laws such as Tourism Industry Act 1992 , Civil Aviation Act 1969 and its rules and regulations as well as the Innkeepers Act 1952 specifically govern the industry in Malaysia.

Tourism Law is a unique area of law which involves general government regulations and specific travel and hospitality industry rules.  According to the United Nations’ World Tourism Organization (UNWTO), the purpose of Tourism Law is to provide a legal and regulatory framework for the development and management of tourism, preservation of cultural traditions, natural resources and facilitate the involvement of the private sector & local communities in tourism development activities. 

Tourism Law also reflects not only the rights of international and local tourists, but also the legal responsibilities of inbound-outbound tour operators, travel agents and other significant players in this industry. The main concern in Tourism Law is to provide a fair and equitable environment for travel consumers and organisations. For instance, Tourism Law comes into play when it involves goods and services rendered and situations where laws are there to ensure restaurants are serving food which are safe to consume and premises which are free from danger. 

Tourism Law also encompasses laws in movement of people and goods across the World. This includes movements by air, sea, rail and road where each mode of transportation applies different sets of rules and international conventions. 

Furthermore, Tourism Law also plays an important role in cases or situations involving terrorism, natural disasters, protests, and disease break-outs where visitors and tourists should be aware of their rights and the safety precaution measures that should or could be taken at the time. Tourism Law provides guides and imposes responsibilities and liabilities to the players in the industry to ensure the safety and the well-being of any tourists or visitors under their care in cases which are out of their control as listed above.

Travel Law are laws which regulate both business and individual behaviour in the travel industry, while International Travel Law refers to ordinances, rules, treaties and agreements which are used to regulate international travel industry. In addition, laws such as common law, contract law, employment law, trust law and tort law govern the international travel law.

Hospitality industry is an industry which involves food service, travel, and lodging industries. Hospitality Law is introduced to regulate hotels, restaurants, bars, country clubs and other public accommodations, so as to provide safety measures within the law to protect the customers.

For example, every restaurant must abide by the food safety and regulations to ensure purity of food being supplied to customers. Restaurants must practice safe food handling and violation can lead to legal suit being initiated or fine being imposed.

On lodging industry, the hotel management has the responsibility to ensure that its buildings are safe to be lived in and used. For example, Section 28 of the Fire Services Act 1988 states that every designated premise including hotels shall require a fire certificate which are to be renewed annually. Section 29 of the Fire Services Act 1988 further states that Fire and Rescue Department shall carry out an annual inspection on the premises to certify that the premises comply with the life safety, fire prevention, fire protection and fire-fighting requirements. For example, the hotel management must ensure that the sign “KELUAR” (Exit) can indicate the escape route. This may inadvertently help to improve the reputation of business as the customers can rest easy by knowing that the place is safe in the event fire breaks out.

Furthermore, safety and security aspects play a very vital role in the hospitality industry. Hotel management shall at all times ensure no uninvited guest in the premise of the hotel and provide adequate measure of protection to their guests from any criminal harm such as robbery and theft of personal belongings arising from their own negligence. On another aspect, it is essential for the hotel management to educate their staffs to avoid or prevent any discrimination made against any guests based on their race and religion. Receptionist and front desk staff shall welcome every guest with open arms because customer service is important in providing a positive image of the hotel to the guests. Providing a safe and crime free staying environment can lead to guest satisfaction resulting in improvement of rapport and good will of the hotel.

Tourism and hospitality industry linked closely with laws and regulations. It helps to ensure both tourists and industry operators come within a fair and equitable environment. It is also very important for industry operators to have the knowledge of it so that they can prevent legal suit being initiated or fine being imposed on them.

What is Tourism Law?

In a nutshell, tourism law refers to either general government regulations or specific travel and hospitality industry laws. What follows is an overview of the laws governing tourism and an explanation of why they are so important to travel consumers.

Why Do We Need Tourism Laws?

According to the United Nations’ World Tourism Organization (UNWTO), the purpose of travel legislation is to provide a regulatory framework for the proper development and management of tourism activities. Ideally, this will aid in the conservation of natural resources and the preservation of cultural traditions. As an added benefit, travel consumers and organizations receive basic legal protection.

• Top Online Hotel and Hospitality Management Degree Programs

However, creating and enforcing tourism laws is notably lax around the world. Certain developing countries have not only a weak travel infrastructure, but offer zero resources or protection to non-local visitors. Understandably, popular countries also struggle to monitor and enforce laws to protect tourists because of the sheer number of visitors and unscrupulous business people who target tourists.

Major Tourism Laws

Tourism laws refer to a combination of state, federal and international laws that regulate various aspects and functions of the travel industry. For instance, travel law may involve anything from hospitality to employment to public health regulations.

In America, there are a few prominent legal regulations, such as seller of travel laws. There are at least five states that maintain seller of travel laws. These states are Iowa, Hawaii, Florida, Nevada, California and Washington. To explain, a seller of travel law means that the state requires anyone who provides travel related services to register with the government. They will be required to display their registration number on their advertising. Consequently, travel consumers in these states are guaranteed a minimum level of recourse if they are the victims of fraud or exploitation. Even though almost all other states do not have official travel regulation agencies, most states have some sort of lax financial security registrations, such as posting bonds with the government.

Passenger Bill of Rights

National airline travel has become more scrutinized because of security concerns and airline companies are streamlining operations and cutting back services. Traveling by air can be a frustrating and time consuming process. However, there are basic airline passenger bill of rights laws that regulate how passengers are treated by airline companies. The most common legislation type is a statute that sets standards for unique travel situations, such as when passengers are stuck in a delayed plane or waiting in an airport for a delayed flight. Some states do not require, but ask that travel agents inform their clients of certain restrictions or public health problems. Many states expect that travel agents will share State Department travel warnings with their clients. Other states have enacted local laws and opened free tourist centers to increase incoming tourism.

Common Tourism Law Problems

There are many common travel related problems that are covered by state regulations. For starters, lost or damaged baggage is a chronic travel issue. This becomes a heated problem when the lost item is something expensive such as artwork or a family heirloom. Thus, every airline will have their own regulations, which of course tends to limit their legal and financial liabilities. Every state has their own laws regarding required consumer disclosure notices. This could involve potential risks and limitations of liability.

The laws governing tourism tend to be disorganized and non-standardized. However, every Tourism Law attempts to protect travel consumers and organizations.

What Is the Difference Between Tourism Law and Hospitality Law?

By Michael Ferguson

Tourism law and hospitality law are two branches of law that are often used interchangeably, but they have fundamental differences. While both deal with the travel and hospitality industry, they focus on different aspects of it. In this article, we will explore the differences between tourism law and hospitality law.

What is Tourism Law?

Tourism law refers to the legal framework that regulates the activities of tourists and tourism-related businesses. It encompasses a wide range of legal issues such as transportation, accommodation, travel agencies, tour operators, attractions, and events.

Transportation: Transportation is an essential aspect of tourism. Tourism laws cover transportation by air, sea or land. These laws regulate the safety standards for airlines, cruise ships and other forms of transport used by tourists.

Accommodation: The accommodation industry is a crucial part of the tourism sector. Tourism laws govern issues related to hotels, resorts, bed and breakfasts, motels and other types of lodging facilities.

Travel Agencies: Tourism laws also regulate travel agencies that offer travel advice and booking services to tourists.

Tour Operators: Tour operators organize tours for individuals or groups. Tourism laws regulate their operations to ensure that they comply with safety standards and provide quality services.

Attractions: The tourist attraction industry includes natural attractions like beaches or mountains as well as man-made attractions like theme parks or museums. Laws governing these attractions ensure visitor safety while preserving natural resources and cultural heritage sites.

What is Hospitality Law?

Hospitality law refers to the legal framework that regulates businesses involved in providing services to travelers such as hotels, restaurants, bars and other establishments in the hospitality industry. Hospitality laws cover a wide range of legal issues such as liability for accidents on hotel property, food safety regulations for restaurants and bars or liquor licensing laws.

Liability: Hospitality laws cover issues related to liability for accidents on hotel property. For example, if a guest slips and falls in a hotel lobby, the hotel may be liable for damages.

Food Safety: Food safety is an essential aspect of the hospitality industry. Hospitality laws regulate food safety standards for restaurants and bars.

Liquor Licensing: Hospitality laws also regulate liquor licensing. These laws ensure that bars and restaurants comply with regulations regarding the sale of alcoholic beverages.

The Key Differences between Tourism Law and Hospitality Law

The key differences between tourism law and hospitality law are:

Focus: Tourism law focuses on regulating tourism-related activities such as transportation, accommodation, travel agencies, tour operators, attractions and events. Hospitality law focuses on businesses in the hospitality industry such as hotels, restaurants, bars and other establishments that provide services to travelers.

Scope: Tourism laws have a broader scope than hospitality laws. They cover a wide range of legal issues related to tourism activities. Hospitality laws are more specific and focus on legal issues related to businesses in the hospitality industry.

Regulations: Regulations under tourism law emphasize safety standards while preserving natural resources and cultural heritage sites. Regulations under hospitality law focus more on liability for accidents on hotel property or food safety regulations for restaurants.

The Bottom Line

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Introduction to International Travel and Tourism Law explores how innovation and technology have reshaped tourism. Understand the legal frameworks guiding the industry, focusing on the digital tourist’s need for personalized, real-time information. This course offers a comprehensive overview of international policies, regulations, and best practices. It’s an invaluable opportunity to build foundational knowledge in tourism management, offering free content access with paid certification options. Equip yourself with the skills to thrive in this data-rich, fast-paced environment.

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• Governing tourism: UN Tourism and other international organizations.
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Law, tourism

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Tourism law utilizes aspects of contract law, employment issues, tourism and hospitality procedures, antitrust rules, regulatory and agency compliance mechanisms, and substantive areas of aviation, maritime, innkeeper, transportation, and public charter laws. It also spans the areas of tort, criminal, contract, corporate, administrative, and constitutional law. Tourism law is found in national and local, common, and civil traditions, customs, and international treaties. Jurisdiction and procedural rules often determine the outcome of tourism lawsuits based on purchase locations, contract formation, places of service provided, forum nonconveniens, and the application of choice of law rules (Dickerson 2011 ).

Legal Issues in Tourism

Airline legal issues include overbooking, lost luggage, frequent flyer mileage disputes, delays and cancellations, unlawful restraint of passengers, passenger air rage, flight attendant air rage, crash and collision, death and injuries, and airline ticket price fixing. International air travel is frequently governed by the agreement between States Parties known as the Montreal Convention for the Unification of Certain Rules for International Carriage by Air (1999). The treaty was sponsored by the United Nations International Civil Aviation Organization and has been ratified by states that seek to replace the Warsaw Convention (1929).

Hoteliers are frequently in court for issues involving overbooking, bait and switch schemes, rape, theft, hotel safes, fire, lifeguard, and pool safety. Restaurant lawsuits result from coat check liability, food poisoning, and misuse of alcohol. Hotel and restaurant legal issues are generally governed by municipal, local, or national statutes, cases law, as well as the contract between the guest and the innkeeper. Hotel law harmonization governing hotelier-guest liability has been drafted, but not ratified, in the Convention on the Hotelkeeper’s Contract of the International Institute for the Unification of Private Law (Barth 2011 ).

Cruise law includes port skipping, ticketing, discrimination, food poisoning, onboard virus, typhoid fever, SARS, rape, child safety and supervision, and many other issues governed by hotel and restaurant law. Cruise industry law encompasses admiralty, ocean, and corporate law, as well as international and ocean laws, and the contract of passage. The Athens Convention, relating to the Carriage of Passengers and their Luggage by Sea (1974) and the Protocol (2002), provides that carriers can be held liable for loss or damage suffered by a passenger resulting from fault or negligence of the cruise line. The Athens Convention also limits cruise line liability and, depending on its nationality, may include insurance, financial security, and jurisdiction requirements (Gore 1995 ).

Tour operators face liability for negligent hiring, personal injuries, breach of contract, and particularly with adventure tours, snorkeling, skydiving, hang gliding, and the failure to warn of hazardous conditions. Tour operator liability is generally governed by state common and statutory laws which vary greatly depending on the jurisdiction. Public charter regulations typically state that the tour operator is the “principal” and, as such, is liable for all defaults in the tour, regardless of fault, except when physical injuries are caused by third parties. These regulations typically penalize the tour operator when it makes changes in the itinerary. Motorcoach legal problems include crash and collision, death and injuries, and being lost in a foreign country because the driver is untrained (Anolik 1995 ).

Rail issues involve deregulation, privatization and state support, sexual harassment, crash and collision, and death and injuries. The rental car industry faces legal issues with bait and switch schemes, unbundling price schemes, negligent entrustment, GPS tracking devices, airport service charges, rental car theft, and destruction of property.

The seller of travel is a person, business entity, or other legal entity that sells, provides, contracts for, represents, or arranges travel services as an intermediary between the provider and the consumer. An agent is a person or company authorized to act on authority of and on behalf of the principal. The agent remains under the control of principal in dealing with third parties, and all the authorized acts of the agent are imputed back to the principal as if they were done by the principal and not the agent. Many courts find that travel agents owe a fiduciary duty to the customer. In other words, the travel agent is the legal agent of the customer, as well as being the legal agent of the provider of travel. This is a dual agency status of being an agent for both the consumer and the provider. Agents may be company employees, duly authorized individuals, or even independent contractors acting on behalf of suppliers of travel.

The Rights of Tourism and Future Research

The rights of the traveler are increasingly being recognized. The legal classification of the traveler often entails third-party beneficiary rights that may be important to a particular case to distinguish the tourist, consumer, and traveler in contractual disputes with a provider or seller. General cases that apply to many tourism transactions include fraud, misrepresentation, bankruptcy, theft of deposits, and illegal ticket sales (Anolik 1995 ).

Hosts are the locals that have rights regarding tourism when they receive the travelers. The hosts’ connection between culture and tourism is protected under international law as evidenced in treaties and agreements such as the UNESCO World Heritage Convention (1972) to protect host peoples’ cultural landscapes, historic towns and town centers, heritage canals and routes, and intangible heritage such as food, song, and dance, the Statement on the Prevention of Organized Sex Tourism (1995), and the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005).

Tourism law, procedures, and remedies depend largely on domestic state-based laws, and therefore jurisdiction issues dominate many lawsuits. Future harmonization of tourism laws will be felt with increased ratification of international treaties and domestic codification of industry standards.

Heritage , international tourism , internet , policy and policymaking .

Anolik, A. 1995 The Law and the Travel Industry. San Francisco: Anolik Law Offices.

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Barth, S. 2011 Hospitality Law: Managing Legal Issues in the Hospitality Industry. Hoboken: Wiley.

Dickerson, T. 2011 Travel Law. New York: Law Journal Press.

Gore, L. 1995 Current Legal Issues in the Cruise Industry. Northumbria: University of Newcastle Press.

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Honggen Xiao

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Cameron, P. (2014). Law, tourism. In: Jafari, J., Xiao, H. (eds) Encyclopedia of Tourism. Springer, Cham. https://doi.org/10.1007/978-3-319-01669-6_448-1

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I International Seminar on Tourism Law of the World Tourism Organization

30 November – 1 December 2023, Salamanca, Spain

• Provisional Programme
• General Information Note
• Concept Note

The World Tourism Organization (UNWTO), jointly with the University of Salamanca and the University of Paris 1 Panthéon – Sorbonne, will hold the I International Seminar on Tourism Law of the United Nations World Tourism Organization on November 30 and December 1, 2023, dedicated to the UNWTO International Code for the Protection of Tourists ("the Code"), addressing its achievements and challenges.

This Seminar aims to assess the progress and impact of the Code two years after its approval at the 24th UNWTO General, in addition to supporting the establishment and definition of Tourism Law as an independent branch of the legal system. The Seminar will also serve as a platform to share knowledge and best practices among academic experts and public & private stakeholders through a set of panels, which will be organized following on the different chapters of the Code, enabling the identification of the main challenges that will be faced in the coming years.

Which are the main objectives of the Seminar?

• To introduce the Code as an instrument to provide greater legal certainty to each and all tourism stakeholder.
• To serve as a forum to discuss about the content of each Chapter of the Code and to assess its role as a mechanism to provide a greater protection of tourists in the post-pandemic world and to achieve a harmonized legal framework at the international level.
• To discuss about Tourism Law as an independent branch of the legal system.
• To analyze the procedure to adhere to the Code.

Who is the Seminar aiming at?

• Ministers and authorities in charge of National Tourism Administrations.
• International Organizations.
• Law firms and attorneys dedicated to tourism issues.
• Professors and university experts, both in Public and Private Law.
• Law and Tourism Students
• Business associations at the tourism sector
• Consumer associations.

What are the advantages and benefits for participants?

• Unique and first-hand approach to the content of the Code through the experts who participated in its inception and development, as well as through renowned experts in the fields addressed therein.
• Get to know the main challenges and opportunities in the protection of tourists in emergency situations as well as in the protection of tourists as consumers.
• Analyze best practices developed by Member States during the two years period since its adoption
• Deepen the development of Tourism Law, both in its public and its private law side.
• Meeting peers and colleagues to increase collaboration and networking
• Get to know the Tourism Law Observatory for Latin America and the Caribbean.
• Identify opportunities to adhere to the Code, its procedure and the legal and political implications.

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