Section 1 - Introduction to Legal Frame of enviroment tourism industry PDF

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Section 1 - Introduction to Legal Frame of enviroment tourism industry...

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Legal Environment in the Tourism Industry

SECTION 1 INTRODUCTION TO THE LEGAL FRAMEWORK OF TOURISM

Master in International Tourism Management

Legal Environment in the Tourism Industry First approach 

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The supply of most, if not all, travel and tourism products and services is subject to or influenced by an ever‐increasing variety of legislation Even though no particular area of law is devoted to tourism. There’s not a specific “Tourism Law” However, tourism business and litigation have grown at an unprecedented level over the last thirty years by way of mass tourism irruption Consumer rights are the core matter of legal issues related to tourism Master in International Tourism Management

Legal Environment in the Tourism Industry

ONE TIP Whether a tourism business is a large tour operator dealing in the mass market of package holidays, Or whether it is just a small hotel in the countryside, countryside many of the legal principles affecting it will b the be h same Master in International Tourism Management

Legal Environment in the Tourism Industry 

The supply of tourism products & services includes, b is but i not lilimited i d to: • Transport (Airlines, Rail, Cruise lines, Ferries, Car rental, rental Bike hire…) hire ) • Handling agents & Transfer companies • Tour operators & Travel agents (wholesalers, package ‐builders and ‐retailers) • Accommodation (Hotels, Resorts, Spas, Inns, B&B’ Motels, B&B’s, M t l Condominium C d i i H Hotels t l and d Resorts, Apartment Hotels, Timeshare and long‐ term holiday accommodation contracts…) contracts ) • Visitor attractions (Wildlife, Theme & Amusement parks…) Master in International Tourism Management

Legal Environment in the Tourism Industry • • • • •

Restaurants, b R bars and d shops h Theatres and Museums Nightclubs Casinos (e.g. Las Vegas) As well as particular and new niches of businesses such as: 9 Sport tourism Ad t Adventure 9 9 Risking activities 9 Countryside tourism 9 Cultural tourism Master in International Tourism Management

Legal Environment in the Tourism Industry 

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Similarly, although the laws in different countries may vary, in i llarge parts off the h world ld the h b broad d llegall principles and outcomes will be similar Common examples of legal problems: • Breach of contract, e.g. inadequate service; delay; facilities or services not provided… • Use of exclusion clauses to reduce liability • False description of holidays: brochure i inaccuracy; misleading i l di statements t t t by b travel t l agents… • Disruption to holidays for various reasons, reasons such as aircraft delay; hurricane; civil unrest; building works… (force majeure or act of God) Master in International Tourism Management

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Discrimination Di i i i in i the h provision i i off a service i on grounds of disability or race Personal injury, injury arising from the possible negligence of tour operators, hotel staff or from natural hazards such as dangerous sea conditions, steep cliffs or wildlife… Damages for distress, upset and disappointment Th ft from Theft f hotel h t l rooms Illness arising from food poisoning, contaminated swimming pools, pools communicable deseases… Master in International Tourism Management

Legal Environment in the Tourism Industry 

So travel, accommodation and tourism businesses and d organizations i i – and, d iindeed, d d tourists i themselves h l – are subject to a varying legislation

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Legal areas concerned with tourism: • Criminal Law • Civil and Commercial Law • Public and Administrative Law, embracing very diff different t issues: i ffrom environmental i t l protection, t ti such as national or regional park designation, to health and safety, safety employee rights, rights corporate and tax, consumer protection, non discrimination or licensing and franchising… Master in International Tourism Management

Legal Environment in the Tourism Industry 

As a result, A l the h legal l l framework f k off tourism i is i usually ll considered from the perspective of specific sectors, such as package holidays, holidays hospitality, hospitality air travel or travel agents, or within specific contexts, such as countryside law, sport facilities…

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But it also involves different categories or types of l which law hi h vary from f one llegall system t tto another, th such as common law (court and judicial decisions) and statutory law (acts, (acts statutes statutes, regulations…) regulations )

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Legal Environment in the Tourism Industry 

Different tourism Diff i actors, stakeholders k h ld and d tourists i themselves are subject to such legislation at different levels and in different jurisdictions

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That is, some laws may be effective within local/regional boundaries – such as laws and regulations adopted by autonomous communities and d other th llocall authorities th iti iin SSpain, i or St State t llaws iin US –, others may be national laws having influence overseas while international law is becoming overseas, increasingly pervasive (e.g. EU) Master in International Tourism Management

Legal Environment in the Tourism Industry 

Thus, the Th h legal l l framework f k off tourism i – as indeed i d d allll the products, services, activities and businesses concerned with tourism are – is an enormously diverse and highly complex subject of study

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This complexity and diversity of tourism‐related law is also reflected in the management challenges and responses within ithi different diff t sectors t and d organizations i ti of tourism, with respect to that specific legislation affecting directly or indirectly their business

Master in International Tourism Management

Legal Environment in the Tourism Industry

Questions and Remarks

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