Tourism Law

1

• Chapter 11
• Tourism Law
• Important note The information given in these
  slides is for assistance only and no
  responsibility is accepted for any error or
  inaccuracy. Full legal advice should be obtained.

2

• Tourism Hospitality Specific Laws
• The Package Holidays Travel Trade Act 1995
• The Hotel Proprietors Act 1963
• EU Air Passengers Rights
• General Laws impacting upon the sector
• The Intoxicating Liquors Act 2003 2005
• The Employment Equality Act 1998
• The Equal Status Act 2000
• The Equality Act 2004
• The Public Health (Tobacco) Act 2002 (smoking ban
  legislation).

3
The Package Holidays Act 1995

• Fundamental Concept
• The organiser is legally liable for the whole
  package, even the subcontractors
• This includes tailor made or special interest
  holidays, once they are prearranged

4

• What is a package?
• A package is a holiday that is sold or offered
  for sale, is prearranged and is a combination of
  at least 2 of the following
• Transport
• Accommodation
• Other services not ancillary to transport /
  accommodation
• A package must include an overnight stay
• Covers many domestic operators hotel special
  breaks, etc
• Cannot get away with pricing separately

5
Brochure

• Must list items and price
• Must contain actual details and must not mislead
• Must be legible, accurate and comprehensible
• A tourist booking service must comply with the
  act
• For foreign trips, customers must be informed in
  writing or verbally about passport visa
  requirements and security of deposit

6
Hotel Proprietors Act 1963

• Covers all hotels registered with Fáilte Ireland
• Does not include guest house, BB or similar
• Section 3 duty to receiver all-comers unless
  there is reasonable grounds for refusal
• Section 4 safety of guests
• Section 5 duty to receive property (even if
  guest does not arrive)
• Section 6 liability for property

7

• Liability for damage limited if the damage is
  caused by
• act of God
• guest him/herself
• damage occurs outside hotel
• damage occurs outside time that accommodation is
  engaged
• Notice in First Schedule must be placed clearly
  at reception or front door
• Liability for damage is not limited if it was due
  to
• an act or default of the proprietor or his
  servant
• where the proprietor accepts goods for specific
  safe-keeping
• the goods were offered to the proprietor or a
  servant for safe-keeping, and they refused to
  accept it

8

• Section 8 Lien on and right to sell property if
  money is owed to proprietor.
• The goods need not be owned by the guest as long
  as proprietor is not aware of this
• The guest need not be an overnight guest
• The lien extends to motor vehicles
• If the debt is not paid after 6 weeks, the goods
  may be sold at auction. The surplus after the
  debt and the cost of auction is paid must be
  returned to the guest
• This applies to goods even if they are stolen

9
EU Air Passengers Rights

• Compensation for Denied Boarding, Delays and
  Cancellations
• Designed to discourage airlines serving EU
  passengers from unfair practices
• Denied Boarding Compensation Rates
• 250 compensation for flights of less than 1,500
  kilometres
• 400 compensation for flights within the EU, and
  for other flights between 1,500 kilometres and
  3,500 kilometres
• 600 for flights over 3,500 kilometres outside
  the EU.

10
The Intoxicating Liquors Acts 2003 2005

• The Intoxicating Liquor Act 2003 was introduced
  to amend the Licensing Acts 1833 to 2003
• Focused on addressing concerns about the level
  and pattern of Irish alcohol consumption.
• Aims of the legislation
• Combating Drunkenness and Disorderly Conduct
• Changes to Enforcement and Sanctions
• Amendments to Trading Hours
• Amendments to Rights of Admission and Service

11
The Public Health (Tobacco) Act 2002 (smoking ban
legislation)

• Since 29th March 2004 it is illegal to smoke in
  all Irish workplaces (very few exceptions
  permitted)
• Impacts on tourists arriving in Ireland - unaware
• Concept of Smoking Breaks
• International changes New York, California
• Changes in NI and GB

12
Equality Legislation

• The Employment Equality Act 1998 and The Equal
  Status Act 2000 (both amended by the Equality Act
  2004) rule out any and all discrimination on the
  basis of nine grounds
• Major impact on all industries incl. tourism
• Employment issues