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Travel and Tourism Law in the UK – John Downes and Tricia Paton

fifth edition – September 2010, updated April2011

Book, A4 wirebound, approx 400 pages, polypropylene box, library spine

ISBN 9781854504524 GBP45.00

Why an updated 5th edition of Travel and Tourism Law in the UK so soon after publication in September 2010?

Detail about the Consumer Protection from Unfair Trading Regulations 2008 is now available. These Regulations represent the biggest change in the law in consumer protection in 40 years. They replace the provisions of the Trade Descriptions Act and the Consumer Protection Act. They set new standards of protection for consumers and implement a Council Directive that harmonises the law in this area across the whole European Union.

Travel and Tourism Law in the UK is a comprehensive textbook covering the substantial developments in law in England and Wales, Scotland and Northern Ireland. These include the constitutional developments in Wales and Northern Ireland, the new Supreme Court of the United Kingdom and other changes in the legal systems of the three jurisdictions.

It updates chapters on business organisations, business premises, agency, contract law, consumer law and fair trading, taking into account the distinctions in English, Scots and Northern Irish Law. It adds many new cases on the application of the Package Travel Regulations, particularly following the impact of ABTA v CAA. It also addresses proposals by the EU to revise or replace the Package Travel Directive. Updates are also provided on the rights of air and rail travellers in the EU. New Hotel Law cases are added.

Changes in the framework for the domestic tourism industry are included. The chapter on Employment Law is updated and a substantial number of cases added, particularly in the field of equality and anti-discrimination, discipline and dismissal.


John J Downes

International Legal Consultant

25th February 2011

Introduction
The Authors
Contents
Foreword from the book
Students – and further research
Tour Operators and Travel Agents
Business Travel Agents
Tourist Information Offices
Incoming Tour Operators
English/Scots/Welsh/Northern Irish Law
List of Case Studies
Publisher´s note

Introduction

The Travel and Tourism industry has increasingly become the subject of regulations, not only from the UK Parliament but also from the European Union. The new Parliament in Scotland and the Assemblies in Wales, Northern Ireland and London also have acquired powers to regulate the industry. Travellers and tourists are more likely to resort to the courts to obtain redress. New laws on employment rights, competition, planning & company organisation can lead the travel and tourism manager to feel that h/she is sinking under a deluge of law. This book comes to your aid.

It provides a comprehensive guide to your rights and obligations. Set out in a clear and accessible style, it enables you to take preventative measures to avoid pitfalls and empowers you when confronted with that unreasonable claim.

The text covers English, Welsh, Scots and Northern Irish law. It explains in a practical way how the legal system affects you, the relationship between the various stakeholders in travel and tourism, the application of fair trading and consumer protection legislation, the rights and obligations of carriers, hotelkeepers and other tourism service providers. The book also provides a comprehensive treatment of current Employment Law as it applies to the industries.

The Authors

John Downes, LL.B. F.Inst.T.T. was the former Reader in International Travel Law at the University of Abertay, Dundee. He now works as an independent international travel law consultant. He is the leading expert in travel and tourism law. He is an examiner in the subject for the Guild of Travel Management Companies and was also COTAM national examiner. He is a Fellow of the Institute of Travel and Tourism, and President Emeritus of IFTTA, the international organisation of travel lawyers. He advises the UN, UNWTO and governments around the world on the regulation of travel and tourism, has published articles and is a regular broadcaster on radio. He also provides training to travel companies and tourist office-based staff

Tricia Paton, B.A. Dip.Ed. LL.B. LL.M. Solicitor was formerly a lecturer in Law at the University of Abertay, Dundee. She specialises in corporate relations and European Travel Law. She co-authored Travel Agency Law with John Downes on topics of accountability and has written on the accountability of directors in the context of corporate criminal liability, the issue of corporate social responsibility and on world trade and GATS for the international tourism sector. She is also a member of IFTTA and has written for its international journal.

The authors wrote Travel Agency Law, the original book on which this expanded & updated edition is based.

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Contents

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Foreword from the book

How to make the best use of this book: Like medics, we believe that prevention is better than cure. In an increasingly litigious society it is important to know what your rights and responsibilities are. This is all the more so in your professional life where mistakes can cost you bad publicity, payment of compensation, loss of clients, stress, or even loss of your job. There is a maxim in Law "ignorance of the law is no excuse". As we say in Scotland it´s no good saying to the judge "I didnae ken" because he´ll just reply, "well ye ken noo".

Consumers are becoming better informed about their legal rights and are increasingly likely to enforce them. How often have you faced that irate customer or been harangued on the telephone and felt unsure as to whether, legally, you were in the right or the wrong? What about difficult members of staff or an unfair boss? What are the legal rules that govern how you deal with these situations?

The aim of this book is not to provide an in-depth academic discourse on the law, but rather, a practical guide to the law that governs the activities of tour operators, travel agents, business travel agents, incoming tour operators and local tourist information offices.

It is important to note the following when using this book:

Students – and further research

Although the aim of this text is to provide a practical guide to the law governing the travel and tourism industries, it also covers the main courses of study in Travel Law at universities, colleges and the industry. We have listed the appropriate legislation and cases which you can look up for yourself and have provided further reading lists for each chapter. There are also self-assessment questions and answers to help you determine whether you have understood the text.

We have provided websites, addresses and contact information in each chapter and hope you find them useful. However, the authors and publisher cannot vouch for their content or accept any liability towards those making use of them.

Tour Operators and Travel Agents

The terms ´tour operator´ and ´travel agent´ are used in the conventional way that they are understood in the UK travel industry. However, these are not mutually exclusive. Most tour operators provide single services such as ´flight only´, or ´accommodation only´. They may also make arrangements on behalf of clients and in these capacities they act as a travel agent. Likewise, most travel agents will put together packages of travel and accommodation for clients and in doing so, are effectively ´tour operators´. So it does not matter what you call yourself, tour operator or travel agent, it is your role in the particular transaction that matters in determining your liability. This is dealt with in Chapters 4 and 8.

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Business Travel Agents

For the most part the legal position of business travel agents is the same as that of other travel agents. They act as intermediaries between the supplier (airline/hotel/car hire company etc.) and the client. If something goes wrong (airline loses luggage/hotel was overbooked/car supplied not the requested model) the client´s remedy is against the supplier not the business travel agent unless he can show that the booking was mishandled. However, business travel agents will usually have tendered for the business travel contract and in doing so will have made representations about how they conduct their business. The contract between them and the client company will also provide details of how the account is to be managed, which of the company´s staff can order travel services, classes of travel and preferred suppliers etc. This contract provides additional obligations to those stated in this text and these should be borne in mind. See Chapter 7 on contract.

Although many of the examples and cases given are from the holiday side of the industry, the same principles apply to business travel. The Package Travel Regulations may also apply to business travel arrangements and, thus, it is important that you familiarise yourself with those provisions. See Chapter 8.

Tourist Information Offices

These offices increasingly make bookings on behalf of visitors with hotels, bed and breakfast establishments, car hire companies, coach tours etc. and in so doing they act as agents. Thus, the rules governing travel agents described in the text also apply to them. Furthermore, the laws on trade descriptions, brochures, advertisements, misleading price indications are particularly important. See Chapter 6. Tourist Information Offices should also be familiar with the laws governing domestic tourism in order to advise visitors. See Chapter 13.

Tourist Information Offices/Tourist Boards that put together packages (e.g., activity holidays) act as tour operators and are governed by the laws that apply to them and that are set out in this text. The Package Travel Regulations may also apply to their activities. See Chapter 8.

Incoming Tour Operators

The rules governing tour operators set out in the text also apply to incoming tour operators. Likewise, the Package Travel Regulations apply to domestic packages as well as foreign inclusive packages and, thus, you should be familiar with them. Please also read the statement above on the distinction between tour operators and travel agents. Chapter 13 on Domestic Tourism is also particularly important for you.

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English/Scots/Welsh/Northern Irish Law

There are three separate legal systems in the UK: the English Legal System (England and Wales), the Scottish Legal System and the Northern Irish Legal System. This text covers all three systems. Although the rules governing travel and tourism are basically the same there are important differences and these should be noted. Although you may work in one system, your client or supplier may be in another and so you should be aware of the distinctions. Furthermore, the Scottish Parliament, Welsh, Northern Ireland and Greater London Assemblies will increasingly have an impact in this sphere and so you should be aware of their powers. See Chapter 13.

Cases

The cases we cite in this text are not mere examples, but real court cases. The more important ones set precedents, i.e., determined what the law is on a particular point. These are identified in the text. If you want to read the full law report (the authoritative account) you can do so by looking up the case in the Cases Index. There you will find the ´citation´, i.e., where you will find the report e.g.

Jarvis v Swan´s Tours Ltd (1973) 1 All ER (CA) 71.

This means that the case was raised by Mr Jarvis (the plaintiff) against Swan´s Tours (the defendant) and that it is reported in the first volume of the All England Reports for 1973 at page 71. It was heard by the Court of Appeal (CA).

Rothfield v North British Railway Co 1920 SC 805.

This is a Scottish case. It was raised by Mr Rothfield (the pursuer) against the North British Railway company (the defender) and it is reported at page 805 of the Session Cases for 1920.

John Downes and Tricia Paton, August 2010

Publisher´s note

The information in this book is as accurate and correct as we can make it. It is intended as a useful text and reference manual. If you are intending to engage in litigation, seek professional advice.

fifth edition September 2010, revised April 2011 updated and expanded ISBN 978 1 85450 452 4 GDP45.00

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