Problems caused by fraudulent independent contractors, employee mistakes or deceptive clients can cost travel agencies huge sums of money, warns travel industry attorney Mark Pestronk.
Travel Market Report asked Pestronk to outline the top legal issues facing travel agencies today and provide quick tips on how to identify and avoid costly legal pitfalls.
Fraud by independent contractors ICs. Airline- debit memos on chargebacks for allegedly unauthorized card charges. Airline-issued debit memos for reservation rule violations. TIP: Educate agents about reservation violations for which suppliers could hold the agency responsible. Otherwise, the supplier could sue your agency if the client fails to perform.
Signing of long-term contracts by unauthorized employees. Although this problem applies mainly to large agencies with multiple locations, Pestronk said owners of agencies of all sizes have had situations where employees signed contracts, such as phone system or copier-maintenance contracts, without having been authorized to do so.
TIP: Prohibit ICs and employees from signing vendor contracts without your express written permission. This confusion is the source of the majority of lawsuits and claims by clients, according to Pestronk.
TIPS: Require employees and ICs to use disclaimers in all transactions except those for corporate clients that involve signed contracts. Also, offer cancellation and medical insurance to every leisure traveler; a client who suffers a financial loss is less likely to blame the agency if insurance was offered. Getting sued for violations of labor laws or civil rights. Tip: Be aware of the regulations regarding these issues in the state or states where you do business.
Agencies who do business in one of six states that have such laws will face fines if they do not register, Pestronk said.
What is Tourism Law?
TIP: Be sure to stay up to date on — and comply with — the laws governing travel sellers in your state. Create A Plan 2. Inform Managers About Updates 4. Keep Your Employees Posted 5. Reevaluate Your Cleaning Procedures 6. Take Advantage Of Federal Relief.
Advisors spoke to TMR about their experience during the COVID pandemic and what they think the future holds, both short term and long term, for the luxury travel segment. When her clients feared they would be stuck in a foreign country in the midst of the coronavirus travel shutdowns, Alexis Sherry used her travel knowhow to get them back home.
Despite a push from the world's most prominent airline association, the DOT is reminding airlines that their "obligation to refund passengers for cancelled or significantly delayed flights remains unchanged.
Stay at the top of mind with clients, who may not be planning or purchasing, but are still dreaming of their next vacation. Search Travel Market Report. Ruden Daine Taylor Barbara Peterson. Cancel Read the article.
Tip of the Day. Daily Top List.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. 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.
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.
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. 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. 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.
There are many common travel related problems that are covered by state regulations. For starters, lost or damaged baggage is a chronic travel issue.
Travel & Tourism: Legal & Ethical Issues
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.In this article below, JMBM partner Mark Adams discusses the coronavirus in relation to force majeure provisions in contracts. This legal concept goes back centuries, but has become increasingly relevant as COVID may be advanced by many in the coming days as a defense to breach of contract. This article is one of a series which will discuss the principles of force majeure and the commercial implications of the coronavirus.
Coronavirus continues to be of global concern, and remains an issue the hospitality industry should be tracking, both for economic and legal reasons. For example, what should the hostess of your restaurant do when a miniature horse enters your establishment with its disabled owner? What kind of animals qualify as service animals, anyway? And what is the owner's responsibility? Trending Legal Trends. Visit Mobile Site. Hospitality Legal Trends. Coronavirus Outbreak. As the Coronavirus Pandemic continues to impact California businesses, many employers are wondering how best to ensure the wellbeing of their staff.
Prompt action is critical. Coronavirus issues are likely to affect every business and industry, and the hotel industry is looking at an immediate and out-sized impact. In the second of his series of articles regarding the coronavirus, Mark discusses the importance of jurisdiction and contract wording when considering force majeure as a defense.
An interesting 'phenomenon' or pattern is taking place in the realm of ADA cyberaccessibility litigation: copycat website litigation filed against the same hotel by different law firms around the country, alleging the same website ADA violations as the original lawsuit.
In Part 1 of this 3-part series, my partner, Marty Orlick, Chair of JMBM's ADA Compliance and Defense Group, explains how we got from providing parking for disabled guests, to providing websites and mobile apps that can be accessed by potential guests who are blind or sight impaired.
Now, in part 2, he writes about a few key court decisions that may affect ADA compliance and litigation, and what they mean to the hospitality industry.
When the Americans with Disabilities Act ADA was enacted by Congress in Julythe Internet was in its infancy and few, if any, considered its applicability to cyberspace. But ina California federal judge ruled that the ADA applied not just to brick and mortar establishments, but to websites: National Federation of the Blind v.
Target Corp brought the ADA into the digital age. Application of the ADA to mobile apps would follow nearly a decade later. Hoteliers have causes of concern.
Airbnb's legal troubles: what are the issues?
Chinese nationals comprise the largest tourist market in the world with million outbound tourists inaccounting for If you cater to even a small percentage of these tourists, their absence will affect your bottom line. Daily News Delivery. Tool Box. Sign In. Register Retrieve password.Online Guide - Consumer Protection. Online Guide - Tourism Accreditation. Online Guide - Travel Insurance. Travel Insurance Buying Guide: Choice Provides information on travel insurance, including how to understand the exclusions.
Online Guide - Discrimination Laws. Quick Guide to Australian Discrimination Laws Outlines laws governments have introduced to protect people from discrimination and harassment. Tourism Accreditation Australian Tourism Accreditation Program The official site providing comprehensive information about the program.
Global Code of Ethics for Tourism It acts as a fundamental frame of reference for responsible and sustainable tourism, providing a comprehensive set of principles designed to guide key-players in tourism development.
Consumer Protection Australian Consumer Law This site explains what this law covers and links to the legislation. Civil Dispute Resolution Act: Attorney-General's Department Outlines the objectives of the Act and the steps to resolve the dispute before commencing legal proceedings. Good Practice Good Business Factsheets: Human Rights Commission These factsheets are designed to help promote diversity and prevent discrimination in the workplace.
Tourism Industry Fact Sheet Provides an overview of the legal, operational and business issues relevant to the tourism industry. Travel Insurance: Choice Article relating to travel insurance. Travel Insurance: Cordato Partners Advice on travel insurance from tourism lawyers. Western Australian Legislation.
Food Act Liquor Control Act Travel Agents Act Competition and Consumer Act Criminal Code Act Equal Employment Opportunity Act Fair Work Act Goods and Services Tax Act Safe Work Australia Act Tourism Australia Act Trade Practices Act You Tube Clip - Tourism Accreditation. Tags: Hospitality, Tourism and Events.Tourism is known for bringing employment, increasing economy and creating a learning curve for everyone, but it is also known for negative things such as destroying the natural habitat, bringing unwanted behaviours e.
Tourism is one of the biggest industries in the world, but it faces a lot of issues with the ethics of the operations in this industry. This is why it is important to raise awareness of the issues that the local communities around the world have to face, so the future developments can be sustainable. The travel and tourism industry brings a lot of ethical issues including leakage of income, green issues ethics, false advertisement ethics, unethical consumer issues and ethics of employment.
There is a big range of types of tourism, but the most damaging types of tourism include the tourism which is catered for the mass market. The two models of holidays include all-inclusive holidays and enclave tourism resorts….
Hi everyone, my name is Thomas TK a solo traveller and a tourism management graduate. This blog is for everyone who struggle to find life passion and for people who are hungry for adventure. View more posts. Like Like.The Dark Side of Thailand's Tourism Boom
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Notify me of new comments via email. Notify me of new posts via email. Skip to content Introduction Tourism is known for bringing employment, increasing economy and creating a learning curve for everyone, but it is also known for negative things such as destroying the natural habitat, bringing unwanted behaviours e.
Different Ethical Dilemmas in the Travel and Tourism The travel and tourism industry brings a lot of ethical issues including leakage of income, green issues ethics, false advertisement ethics, unethical consumer issues and ethics of employment. Share this: Twitter Facebook. Like this: Like Loading My congratulations Tommy.
Leave a Reply Cancel reply Enter your comment here Fill in your details below or click an icon to log in:.This was a change that was a long time in coming as cruise industry experts, passengers and cruise ship injury law firms realized that certain aspects of cruise travel were becoming increasing less safe and the passengers on those vessels were less protected, both by the cruise lines and by the legal rights offered to them.
That includes what happens during bad weather. There are always passengers that are unjustly seeking compensation by finding the smallest issues to broadcast on social media and other channels. These are the unfortunate cases that affect the public image of the company and the industry as a whole.
It is therefore not a matter to be taken lightly as this can escalate and negative publicity is not in the favour of a business. McDaniel, cited by Hetter, K. You are commenting using your WordPress. You are commenting using your Google account. You are commenting using your Twitter account.
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Travel & Tourism: Legal & Ethical Issues
Notify me of new posts via email. Skip to content What are the issues? How is Royal Caribbean dealing with the issues? Share this: Twitter Facebook. Like this: Like Loading Leave a Reply Cancel reply Enter your comment here Fill in your details below or click an icon to log in:. Email required Address never made public. Name required. By continuing to use this website, you agree to their use.
Through this recycling process, the hotel could recreate the new product such as the amenities containers in the hotel. The other methods that are commonly used in the hotel are mentioning the notices to save the water such as changing the towels or bed sheet only when it is needed. Nonetheless, an appropriate sustainable practice could maintain the luxurious image of what the hotel aim for. These simple procedures might be hard to be operated, as customers have various responses on how they want to sustain the environment Jones, Hillier, and Comfort, However, hotel will need to emphasize more on sustainable practice factors, and to be able to balance their energy usage that will create a better environment for the long-term use.
Jeou-Shyan, H. Sustainability8 3 Jones, P. Sustainability in the global hotel industry. A hotel sustainability business model: evidence from Slovenia. Journal Of Sustainable Tourism, 20 5 Hospitality industry has gone through fast pace development which impacts a lot on the changes of the hotel itself.
One of the changes is in the managerial structure it operates on. In the past, it used to be flat structure which was used by smaller organizations. Along with the increase of the hotel size itself, the structure transforms gradually into tall structure which consists of more departments Teng, Horng, Hu, and Chen, From the employee perspective, the current structure is good as it helps increasing the numbers of employment in the country.
Instead of having one people controlling over many sections under one department, separating the duty will help the business to have more control on each department.
In addition, separating the duty will drive specialization skills which then helps maximizing the business performance Vrdoljak and Bukvic, Nevertheless, hotel might find obstacles in allocating the human resources in this business as the numbers keep increasing each year. In addition, it is important for the hotel businesses to keep up with the trend so they could gather the data and plan the best strategies for future development. Vrdoljak, I. Management, 9 1 Gujar, P. Teng, C. Research and publish the best content.