Lies, Damn Lies and Holiday Brochures - David Grant and Andrea O'Cain

According to one commentator on the travel industry -

'The tour operator's brochure is a vital marketing tool. Tourism is an intangible product which has to be purchased by customers without inspection and often on the basis of very inadequate knowledge. In these circumstances the brochure becomes the principal means of both informing them about the product and persuading them, by "purveying dreams", to purchase it.'

Dangerous Holiday Destinations. A Duty to Disclose? - Thomas Dickerson

How much information should travel agents, tour operators and tourist boards be required to reveal about crime levels and health hazards in holiday destinations?

Holiday Sex for Sale: Money Back Guarentees? - Mike Robinson

Article Summary

Ask a cross section of people why they are going on holiday to destinations such Florida, Torremolinos, Corfu, or Eastbourne and they'll probably tell you that they are seeking at least two of the three S's - sea, sand and sun. Some may even admit to searching for the fourth S, sex, which people do travel for, and often find, unless of course you do go to Eastbourne where you'll probably have to settle for sand and sea. Sex has always been part of the tourism industry, be it in the form of the naughty postcard, the holiday romance, the dirty weekend or the inebriated post-disco fumblings of eighteen to thirty year olds in a hotel room somewhere in Benidorm, Sex in this sense is accepted (within limits!), although it is clearly not an aspect that most tour operators advertise.

Legal Decent Honest and Truthful? Sexism in Holiday Advertising - Howard Johnson and Meirwen Davies

The idea for this article arose from a complaint to the Advertising Standards Authority which was reported in their bi-monthly case reports (ASA Case Report No 36 May 1994 p9). A complainant from London had protested about an advertisement prepared by Gerrard & Deakin Advertising Agency for Benz Travel of London and which had been published in TNT Magazine, a local travel magazine. The advertisement which listed, among other things, prices for holiday flights, featured a drawing of a girl's bikini-clad bottom. The complainant considered that advertisement to be offensive and contrary to para B3:1 of the British Code of Advertising Practice (8th edn 1988) concerning taste and decency in advertising.

Sexual Harassment - Paul Cape

Article Summary

Listen very carefully. I shall say this more than once: "Unlimited liability". The antics of Rene with the waitresses from his cafe may have entertained in "Allo Allo", however a recent Industrial Tribunal case, reported only as Miss A and Miss B v R1 and R2, shows only too well the consequences of sexual harassment and the effect of unlimited liability.

The Small Print - The Payments Clause - Claire Ingleby

Article Summary

This is the clause at the heart of the tour operator's contract with the consumer. Herein lies the operator's reason d'�tre; the obligation on the part of the client to pay for the services the operator has agreed to arrange. On the face of it, a simple clause to draft but in view of its central importance, one which clearly merits close attention to detail.

Holiday Heartbreak - Eileen Brennan

Mr & Mrs P, an elderly couple, decided to book a fairly last minute holiday. I say 'fairly' last minute as they booked it approximately one month in advance.

Birdstrike! - Ron Wheal

I make no apology for choosing another case relating to difficulties encountered with an airline. It is a fairly recent case and one which has generated some interest in trade papers.

Unpackaging the Package Travel Guidelines - David Grant

Article Summary

At long last the DTI has published its revised version of its guidelines to the Package Travel Regulations which first came out in December 1992 at the time the Regulations became law. This new version has a lurid yellow glossy cover and a snappy new title, 'Looking into The Package Travel Regulations' but the content is as disappointing as before. For a document with such a long gestation period one could have hoped for a more substantial end product. However the treatment of the Regulations is just as thin as previously and, much more alarming, it continues to repeat some of the more controversial opinions it held previously. This is in addition to other problems, both major and minor, displayed in the text.

Your Rights - Sun, Sea and Sex? - Dr Eileen Fry

In the last issue Mike Robinson examined the extent of sex tourism. In this issue Eileen Fry provides a brief view of the legal issues involved.

The Liability of Tour Operators and Suppliers for Physical Injury sustained by Travellers on Tour - Thomas Dickerson

Article Summary

Any lawyer will tell you that it is not worth pursuing a defendant who does not have the resources to meet your claim. In this article Tom Dickerson examines strategies an injured holidaymaker might pursue to pin liability on defendants other than the person who inflicted the injury.

The Law of the Tourist's Country or the Forum Law when awarding Damages - Dr. Jose Fosman

Article Summary

If a holidaymaker is injured on holiday how are the damages to be calculated - according to the law of the country in which the accident took place or according to his country of origin? This interesting question was resolved recently (8.5.94) by the Supreme Court of Israel in the Appeal Case 702/87, 703/89, 711/87 The State of Israel and others v John Cohen.

Going Places with Trade Marks - Fiona Boyle

On 16th December 1993, after much deliberation, Airtours announced the new name for its retail division outlets. Within seven days, every one of the company's five hundred and forty five retail shops had been fitted out with new facias, signage and stationery. Since that date, and thanks largely to an expensive and comprehensive marketing plan, the name "Going Places" - chosen from an original list of eight hundred and fifty - has lodged itself firmly in the public's mind.

Sex Discrimination in the Travel Industry - Helen Douglas

In the last issue Paul Cape looked at sexual harassment in the travel industry. In this issue Helen Douglas takes a broader view of the law on sex discrimination and how enlightened employers should meet the challenge of the law effectively and profitably. The article aims first to provide an overview of the sex discrimination legislation in the UK and secondly to show by the use of two particularly relevant cases the practical implications of this for the travel industry.

Lies, Damn Lies and Holiday Brochures Part Two - David Grant and Andrea O'Cain

This article is continued from the previous issue. The numbering of the sections is also continued.

Expectations v Reality - Ron Wheal

Article Summary

The holidaymaker frequently complains that "the holiday provided did not live up to expectations" and seeks to obtain compensation in one form or another. This raises the question of brochure accuracy and when does a glowing representation of a location or facilities become an exaggeration of the truth.

Cheque the Conditions - Eileen Brennan

Problems with flight only contracts have featured before in this Journal, and we recently handled a case which raised an interesting legal point, namely, what are the consequences of banking a cheque on the basis that it is in part payment only, but which has been offered in full and final settlement of a claim.

European Update - Melanie Pears

Article Summary

The Commission plans to propose rules based on EU transport policy (Article 84, EEC Treaty) aimed at charging travel agents for all reservations made by computer. These rules are intended to reduce phantom reservations and subsequent overbooking problems. Travel agents are reported to be outraged with this proposal which, they argue, threatens the future financial basis of the sector. They also claim that it would force them to use telephone services, thus lowering the quality of service offered to the consumer. It appears that airlines may make up for the added costs by increasing the commission given to travel agents on tickets sold.

Who is a tourist? - Mike Robinson

The January 1995 revised Department of Trade and Industry (DTI) Guidelines attempt to clarify the Package Travel Regulations. In some ways these do represent an improvement on the 1993 Guidance Notes, but there is still a significant degree of blurring around some of the most fundamental of issues. One of the problems of the Regulations is that the term tourist services is not defined, yet the extent of their presence in combination with either transport or accommodation as part of a package will dictate the applicability of the Regulations. Arguably, the terms accommodation and transport are rather more clear-cut to define, but the issue of what constitutes a tourist service leaves considerable room for intellectual and legal manoeuvring, Indeed, it invokes some fundamental questions regarding what tourism is about and who exactly is a tourist. This article looks at the issues involved with defining who a tourist is, and considers some of the problems of using the term tourist services.

The Warsaw Convention - Owain Jones

The Warsaw Convention of 1929 is expressed to be "a convention for the unification of certain rules relating to international carriage by air". International air travel is undeniably one of the major factors which has contributed to the huge increase in volume of foreign holidays and therefore the Convention is of more than passing interest to those in the travel industry - even those not directly concerned with the actual operation of flights.

Airline Legal Liability - some developments? - Peter Martin

Article Summary

In this article, which was written in June, Peter Martin looks at the prospects for raising the Warsaw limits beyond present levels.

The new ATOL Regulations: what will they mean in practice? - Helen Simpson

Article Summary

New statutory Regulations, the Civil Aviation (Air Travel Organisers' Licensing) Regulations 1995, came into effect in May this year - after what some regarded as a lengthy and slow consultation period, and with what others considered indecent haste. They represented the first real change in this area of the law since the original Regulations which set up the Air Travel Organiser's Licence (ATOL) System in 1972. Since the nature of the industry and the way tickets are sold have been transformed since then, it is hardly surprising that a change was necessary.

Trading standards officers must comply with search code - Kevin Kerrigan

Article Summary

Last year's decision of the High Court in Dudley MBC v Debenhams Plc (Times Law Report 16 August 1994) has far-reaching implications for the conduct of routine visits and inquiries by officers employed by Trading Standards Departments attached to Local Authorities and other officials exercising statutory powers to inspect businesses. It will change the relationship between the inspector and the inspected by requiring far more information to be given by inspecting officers and greater safeguards for the businesses whose premises are being inspected.

Code B or not Code B - Ed Chicken

"You do not have to say anything unless you wish to do so, but what you say may be given in evidence."

So began the caution that was so familiar thanks to TV programmes like "The Bill". Its origin lies with the Police and Criminal Evidence Act 1984 and the associated Codes of Practice. What may surprise is that these rules apply just as much to Trading Standards Officers investigating offences and questioning suspects as to Police Officers. Failure to abide by the Codes may result in evidence gained being ruled inadmissible in subsequent proceedings.

Recklessness and authority - Richard Bragg

Article Summary

In the case of Airtours Ltd v Shipley (Unreported 21/2194) the Divisional Court were faced with an interpretation of s.14 Trade Descriptions Act 1968 relating to a allegedly reckless statement in a holiday brochure where it was the company itself that was charged with the offence.

Timeshare - Martin Briggs

Timeshare? What is a respectable journal like the Travel Law Journal doing printing an article about timeshare for, I hear you ask. All the good work of the last year or so establishing the Journal wasted through one rash editorial mistake!

Australian Restrictions on Sex Tourism - lan Barnett

Since the early nineties it has been recognised that there is perhaps unfortunately a growing element of tourism which is aimed solely at sex tourism in certain centres in Asia. Undoubtedly the worst feature is child sex tourism. It would appear that this was originally restricted to Thailand and the Philippines but has in more recent times extended to Sri Lanka and Taiwan and there are certain facts indicating that it is now growing in India, Nepal and East Africa. This does not appear to be a problem solely restricted to Australia as is evidenced by the report of the Government of Norway when it submitted in 1994 to the UN Working Group on Contemporary Forms of Slavery, that there were one million children sold, kidnapped or in other ways forced to work in the world's sex market each year (see A.Whittaker, "Enslaved Children" Anti Slavery Reporter, London 1990). This is supported by current estimates revealing that approximately 800,000 girls aged between 12 and 16 are actively involved in the vice trade. The Bangkok based Centre for the Protection of Children's Rights has stated that there are at least that number in Thailand alone between the ages of 12 and 15.

The Athens and London Conventions - Stephen Mackin and Melanie Pears

Reports of incidents involving death and injury to ferry passengers seem to hit the headlines with increasing frequency. Only last year the ferry "Estonia" sank in the Baltic with tragic loss of life and the "Herald of Free Enterprise" disaster is still fresh in the memory. In these circumstances a passenger or his or her dependents will often look for compensation, and may for the first time be introduced to the concept of limitation of liability.

A PR Disaster - Doug Goodman

The question has been asked many times. How could a company with such a good reputation, a long tradition of offering excellence and luxury, achieve so much bad publicity. I refer of course to the ill-fated cruise on the refitted QE2. Did Cunard not know the full extent of the unfinished work, did the company believe the passengers wouldn't complain, did it think the press wouldn't criticise its actions? A major mistake or series of mistakes were made which resulted in what's considered by many to be the greatest volume of damaging publicity ever sustained by any organisation in the travel and leisure business.

Current Legal Issues in the Cruise Industry - Laurence Gore

You are standing at the end of a buffet line at least forty people deep, at the other end cold sliced turkey and ham, bread and condiments await. You are on a "World Class" Caribbean cruise or at least that is what the postcard told you, you had won. In reality, after visiting the required time share resort for over four hours, that was necessary to win this "vacation" you now find yourself on a one day cruise to nowhere on board a vessel of roughly 7,000 tons with 1,200 other hearty souls.

Up in Smoke - Anthony Cordato

The recent Australian decision of Leonie Cameron v Qantas Airways Limited Federal Court of Australia : 16 June 1995 (1995) ATPR 41-417) highlights the legal issues arising from an airline continuing to permit smoking on flights.

Damaged or Destroyed: The Warsaw Rules Relating to Baggage - Owain Jones

A previous article ([1995] TLJ 82) considered the general Warsaw Convention regime. Some of the key concepts and, in particular, the provisions relating to the liability of carriers and the limits of their liability were outlined. This article examines in greater detail the Convention's provisions relating to baggage.

The Liability of Suppliers and Tour Operators for Medical Malpractice - Judge Thomas A. Dickerson

We recently discussed the liability of suppliers and tour operators for travellers' injuries while on tour. (See The Liability Of Tour Operators And Suppliers for Physical Injuries Sustained By Travelers On Tour--The US Dimension, [1995] TLJ 44.)There is, however, another liability dimension to such claims. What happens after the accident? Certainly, the injured traveller must be cared for and given appropriate medical assistance. Medical treatment can be rendered in two different ways.

An Hotelier's Liability for the Safety of Guests - Cynthia Barbor

For as long as people have travelled, inns and hotels have been provided for their rest and refreshment. Of course, some are better than others and from at least the beginning of the 17th century, laws have been passed in England to regulate their operation. It is thought that inns were first licensed by Justices in 1624 "because aliens were abused in the inns it was upon complaints thereof provided that they be well lodged" More recently, the Hotel Proprietors Act 1956 clarified certain issues which had arisen over the centuries and somewhat limited a hotelier's liability. This article considers the current law and examines the potential areas of liability of a hotelier for the safety and well-being of his guests.

Disclosure - The Hidden Pitfalls - Alison Lindley

A recent case that the Consumers' Association handled highlights the obligations on parties to disclose documents in a legal action and the fact that sometimes this may mean producing documents that a party would rather keep hidden.