tourism law essay

Law: Tourism

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• Phil Cameron 3 &
• Dominik Vuletić 4  

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Tourism law utilizes aspects of contract law, employment issues, tourism and hospitality procedures, antitrust rules, regulatory and agency compliance mechanisms, and substantive areas of aviation, maritime, innkeeper, transportation, and public charter laws. It also spans the areas of tort, criminal, contract, corporate, administrative, and constitutional law. Tourism law is found in national and local, common, and civil traditions, customs, and international treaties. Jurisdiction and procedural rules often determine the outcome of tourism lawsuits based on purchase locations, contract formation, places of service provided, forum non conveniens, and the application of choice of law rules (Dickerson 2011 ).

Legal Issues

Regulatory issues in hospitality and travel are vital areas of tourism law. Hospitality rules are primarily intended to protect both hosts and guests. Regulatory issues include overbooking, bait and switch schemes, hotel safes, fire, lifeguard, and pool safety....

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Barth, S. 2011. Hospitality Law: Managing Legal Issues in the Hospitality Industry . Hoboken: Wiley.

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University of Paris 1, Panthéon Sorbonne, France

Phil Cameron

University of Zagreb, Zagreb, Croatia

Dominik Vuletić

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School of Hospitality Leadership, University of Wisconsin-Stout, Menomonie, WI, USA

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Honggen Xiao

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Department of Tourism, Faculty of Economics and Business, University of Zagreb, Zagreb, Croatia

Nevenka Cavlek

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Cameron, P., Vuletić, D. (2023). Law: Tourism. In: Jafari, J., Xiao, H. (eds) Encyclopedia of Tourism. Springer, Cham. https://doi.org/10.1007/978-3-319-01669-6_448-2

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Tourism & Hospitality Law: Introduction to Tourism & Hospitality Law

Introduction to Tourism & Hospitality Law

By Marlysa Razak and Chang Wai Leng

Tourism is a multi-billion dollar industry and Malaysia generated a huge sum of income from tourism. According to the New Straits Times, in the year 2018, tourism generated an income of approximately RM84.1 billion to the Malaysian economy. The industry covers areas such as, inter alia , transportation, accommodation, money exchange, immigration and customs, levy and taxes. 

The tourism and hospitality industry represents a broad range of undertakings, including accommodations, restaurants, tourism destinations and attractions, airlines and other transportation. 

Like any other industries, tourism has its peculiar regulations and sets of rules. The general laws such as contract and tort apply to the tourism industry, while specific laws such as Tourism Industry Act 1992 , Civil Aviation Act 1969 and its rules and regulations as well as the Innkeepers Act 1952 specifically govern the industry in Malaysia.

Tourism Law is a unique area of law which involves general government regulations and specific travel and hospitality industry rules.  According to the United Nations’ World Tourism Organization (UNWTO), the purpose of Tourism Law is to provide a legal and regulatory framework for the development and management of tourism, preservation of cultural traditions, natural resources and facilitate the involvement of the private sector & local communities in tourism development activities. 

Tourism Law also reflects not only the rights of international and local tourists, but also the legal responsibilities of inbound-outbound tour operators, travel agents and other significant players in this industry. The main concern in Tourism Law is to provide a fair and equitable environment for travel consumers and organisations. For instance, Tourism Law comes into play when it involves goods and services rendered and situations where laws are there to ensure restaurants are serving food which are safe to consume and premises which are free from danger. 

Tourism Law also encompasses laws in movement of people and goods across the World. This includes movements by air, sea, rail and road where each mode of transportation applies different sets of rules and international conventions. 

Furthermore, Tourism Law also plays an important role in cases or situations involving terrorism, natural disasters, protests, and disease break-outs where visitors and tourists should be aware of their rights and the safety precaution measures that should or could be taken at the time. Tourism Law provides guides and imposes responsibilities and liabilities to the players in the industry to ensure the safety and the well-being of any tourists or visitors under their care in cases which are out of their control as listed above.

Travel Law are laws which regulate both business and individual behaviour in the travel industry, while International Travel Law refers to ordinances, rules, treaties and agreements which are used to regulate international travel industry. In addition, laws such as common law, contract law, employment law, trust law and tort law govern the international travel law.

Hospitality industry is an industry which involves food service, travel, and lodging industries. Hospitality Law is introduced to regulate hotels, restaurants, bars, country clubs and other public accommodations, so as to provide safety measures within the law to protect the customers.

For example, every restaurant must abide by the food safety and regulations to ensure purity of food being supplied to customers. Restaurants must practice safe food handling and violation can lead to legal suit being initiated or fine being imposed.

On lodging industry, the hotel management has the responsibility to ensure that its buildings are safe to be lived in and used. For example, Section 28 of the Fire Services Act 1988 states that every designated premise including hotels shall require a fire certificate which are to be renewed annually. Section 29 of the Fire Services Act 1988 further states that Fire and Rescue Department shall carry out an annual inspection on the premises to certify that the premises comply with the life safety, fire prevention, fire protection and fire-fighting requirements. For example, the hotel management must ensure that the sign “KELUAR” (Exit) can indicate the escape route. This may inadvertently help to improve the reputation of business as the customers can rest easy by knowing that the place is safe in the event fire breaks out.

Furthermore, safety and security aspects play a very vital role in the hospitality industry. Hotel management shall at all times ensure no uninvited guest in the premise of the hotel and provide adequate measure of protection to their guests from any criminal harm such as robbery and theft of personal belongings arising from their own negligence. On another aspect, it is essential for the hotel management to educate their staffs to avoid or prevent any discrimination made against any guests based on their race and religion. Receptionist and front desk staff shall welcome every guest with open arms because customer service is important in providing a positive image of the hotel to the guests. Providing a safe and crime free staying environment can lead to guest satisfaction resulting in improvement of rapport and good will of the hotel.

Tourism and hospitality industry linked closely with laws and regulations. It helps to ensure both tourists and industry operators come within a fair and equitable environment. It is also very important for industry operators to have the knowledge of it so that they can prevent legal suit being initiated or fine being imposed on them.

TOURISM AND INTERNATIONAL LAW

04 Aug TOURISM AND INTERNATIONAL LAW

The tourism sector is linked to several areas of law, including in many destinations to constitutional law. That is, both tourists and tourism workers have constitutional rights in one way or another.

The proper regulation of the various obligations and rights of tourists and tourism workers is necessary in order to provide the highest level of service as well as to establish a basis of transparency and loyalty to the sector.

International tourism law is a concept that is still largely unknown among the general population. Most people do not know that they, as a tourist, have both obligations and enjoy certain rights.

If you are interested in learning about this new area of law, one that is vitally important for the sector and that can give you a competitive advantage in the workplace, the Online Tourism Academy offers an Introduction to International Tourism and Travel Law .

In this essential course you will be introduced to the fundamental concepts and notions of legal knowledge and regulation of the tourism sector, from the principles governing institutions, through forms of international cooperation to the distribution of the services themselves.

In addition, the course offers you a comprehensive overview of all the relevant international legislation and the regulation of services. It also offers you a 360º vision of the figure of a traveller and all that this implies.

The tourism sector is evolving every day and it is necessary to adapt and adjust to it immediately in order to avoid becoming obsolete. For this reason, future generations who are going to enter the sector need to understand in depth all the ins and outs of tourism, from economics to legal considerations.

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Chapter 11. Risk Management and Legal Liability

11.3 Laws and Regulations

Tort law and negligence.

Tort law in Canada refers to the “body of the law which will allow an injured person to obtain compensation from the person who caused the injury” (Tort Law, n.d.). Two categories of torts exist: intentional and unintentional.  Intentional torts consist of assault, battery, trespass, false imprisonment, nuisance, and defamation.  Unintentional torts primarily consist of negligence (Tort Law, n.d.). In tourism, most lawsuits involve negligence, with one party seeking financial compensation.

Take a Closer Look: Crocker v. Sundance Northwest Resorts Ltd.

The ruling in Crocker v. Sundance Northwest Resorts Ltd. provides an examination of the elements of a negligent action. The case describes an incident where a ski/snowboard resort hosted a tubing competition and allowed an intoxicated customer to participate. An accident occurred, and the customer was paralyzed as a result. The resort was found to be negligent as it failed to maintain an appropriate standard of care. Damages were awarded to plaintiff (the person suing) but were reduced for “contributory negligence on behalf of the plaintiff,” which means the injured person was also held partly responsible. The ruling can be found here: Crocker v. Sundance Northwest Resorts Ltd.

Tourism operators must consider their exposure to unintentional torts, primarily negligence. Negligence can be defined as “the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something a prudent and reasonable man would not do” (Cloutier, 2000, p. 13). In other words, if the safety standards of a business fall below an established standard and injury occurs as a result, the injured person may sue for negligence.

Pursuing legal action against an operation for negligence is a process that needs to be initiated by the party who has been injured (plaintiff). To be successful, four elements have to be proved: injury, duty to care, breach in the standard of care, and causation.

The first of these,  injury , means that it must be shown that the person suing did, in fact, receive an injury that resulted in damages. This might be physical damage, such as a bodily injury, or it may be damage to property.

The concept of duty to care refers to the relationship between the plaintiff and the defendant, a relationship requiring the defending party to care for the plaintiff. For example, in tourism, duty to care relationships exist between hotels and guests, tour guides and tour participants, and instructors and students. Is it expected that the person or organization in the relationship is responsible for ensuring the other person is safe from reasonable harm.

Take a Closer Look: The Steveston Hotel Case

The Steveston Hotel Case, made famous in 1999, still serves as a warning to establishments serving liquor. A hotel was held liable for 50% of the damages that occurred when it permitted a patron to drive home intoxicated. The case demonstrated that the hotel had a duty of care to stop serving an already intoxicated person, and to prevent the intoxicated party from driving. You can read more details of the case by visiting  Hotel Held Liable for Drunk Driving Accident .

Once a duty has been established, the next step is proving negligence is to show that there was a breach in the standard of care . Can it be shown that the defendant failed to work to the recognized standard? The standard may be established by professional organizations or simply by the “reasonable person test,” which is an assessment of what other individuals or operations would have done in the same situation. Tourism operators are responsible for determining what current standards in industry are; not being aware of industry standards is not be an acceptable defence in the courts.

The last element that needs to be proved is causation . This means that there must be a strong link between the actions of the defendant that caused injury to the plaintiff. As an example, if a ski resort failed to clear the ice off its pathways, and a guest fell and was injured on the icy path, it is likely that causation could be proved (Heshka & Jackson, 2011).

Take a Closer Look: Bindseil v. McDonald’s Restaurants of Canada Limited

The ruling in Bindseil v. McDonald’s illustrates the importance of causation. While Mr Bindseil developed colitis (a serious stomach condition) in the time following a meal at a McDonald’s restaurant, he was unable to prove that the meal had caused the colitis because the testimony of his medical experts was countered with experts testifying for McDonald’s. The ruling can be found here:  Bindseil v. McDonald’s Restaurants of Canada Limited .

Contract Law

Contracts are frequently used by tourism operators. Common types of contracts include contracts for service, employment agreements, rental agreements, and legal releases [waivers] (Cloutier, 2000). Given the importance of all of these types of agreements, it is vital that operators use documents that are valid and based in contract law. For a contract to be valid and legally enforceable, it must contain all of the following components: an offer and acceptance, consideration, an intent to enter into a legal relationship, and sufficient capacity (understanding) of those involved involved (Longchamps & Wright, 2007). Each of these is described below.

Offer and acceptance means that the “offer” (e.g., a rental car agency will advertise a car for rent) must be clear, unequivocal, and include all of the important and relevant terms in the contract. The acceptance also must be clearly expressed (e.g., the renter agrees to rent the car according to the terms and conditions offered by signing the contract). Once the offer is accepted, it becomes a promise with both parties being bound by the terms of the contract.

Consideration refers to the value that is exchanged between parties in the contract, such as money or services (e.g., the renter pays for use of the rental car). Sometimes consideration is waiving your legal rights for a right to participate in an activity.

Capacity refers to the ability of individuals to enter the contract. If a person signing a contract does not have sufficient capacity, the contract will not be binding. The most common reason for not having sufficient capacity is age. In most cases, a person who has not reached the legal age of majority cannot contract with someone else. Other requirements for capacity include having sufficient mental capacity, and being the authorized signatory (the person with the authority to sign on behalf of an organization) (Longchamps & Wright, 2007).

The implications of contract law to the tourism and hospitality industry are extensive; any contact signed needs to have unambiguous terms, be clearly accepted, have an exchange of value, and be signed by an adult with full mental capacity or by an authorized signatory of the organization. Failing to adhere to any of these conditions will likely result in the contract being considered void.

For many tourism operators, waivers are considered a key part of their risk management process. Waivers are particularly important in the adventure, outdoor, and sport tourism sectors where there is a greater risk of personal injury, and have been proven as an effective risk management tool.

Take a Closer Look: Sample Waiver

Waivers are frequently made available by businesses online. To view a sample of a waiver for a snowcat operator on the Valhalla Powdercats website .

A waiver is a form of contract that transfers acceptance of the risk to the participants by requiring them to acknowledge the risks present in the activity. It also requires participants to waive their right to take legal action if an accident occurs. In Canada, these have been repeatedly successful in defending against lawsuits. Despite their effectiveness, there have been cases where waivers have failed to protect an organization, often because the waiver was poorly written or delivered incorrectly (Importance of Waivers in Recreation Programs, n.d.).

To be effective, a waiver should include the following four components:

• It should clearly outline the risks in the activity; this is ‘voluntary acceptance of risk’ in that the signee accepts the risks of the activity.
• It should waive the participant’s right to pursue legal action against the tourism operation in case of negligence; this is a ‘waiver of claims’ in that the signee agrees not to pursue legal action.
• It should be relatively short and easy to read, be easily recognized as a legal document, and include a place for signature that can be witnessed by a company employee. Current best practices indicate a waiver should not be signed by a friend of the signee or another guest.
• It should be signed by participants only when they have been given ample time to read and understand it well in advance of the event or activity. Failure to provide enough time may be interpreted by the courts as signing under duress, which would make the contract void and mean that the waiver could not be used as a defence against negligence

The components above are brief summary of what components should be included in waiver documentation; legal counsel should be sought to draft a waiver for specific operation (Importance of Liability Waivers in Recreation Programs, n.d.; Karroll v. Silverstar Resorts , 1988).

Take a Closer Look: Loychuk v. Cougar Mountain Adventures Ltd.

This case illustrates the effectiveness of a waiver program for a tourism operation. It involves two participants in a zip-line tour in Whistler, BC. A mistake made by an employee of Cougar Mountain Adventures resulted in the participants colliding on the zip-line at high speed. Negligence was admitted, but because of the effectiveness of the waiver in both the way it was drafted and delivered, the courts dismissed the claim. The ruling can be found here: Loychuk v. Cougar Mountain Adventures Ltd.

Statutory Requirements for Tourism and Hospitality in BC

All tourism companies must adhere to the laws in the jurisdiction in which they operate. In BC there are certain statutes (laws) that are particularly relevant to tourism and hospitality. These are outlined in brief below.

Hotel Keepers Act

The Hotel Keepers Act allows an accommodation provider to place a lien on guest property for unpaid bills, limits the liability of the hotel keeper when guest property is stolen and/or damaged, and gives the provider the authority to require guests to leave in the event of a disturbance (Hotel Keepers Act, 1996).

Take a Closer Look: Hotel Keepers Act 

The Hotel Keepers Act is posted online as a resource for managers and staff at BC accommodation properties. Take a closer look at the act by visiting  Hotel Keepers Act .

Hotel Guest Registration Act

The Hotel Guest Registration Act requires hotel keepers to register guests appropriately, which includes noting a guest’s arrival and departure dates, home address, and type and licence number of any vehicle (Hotel Guest Registration Act, 1996).

Liquor Control and Licensing Act

The sales and service of alcohol in BC hospitality establishments is highly regulated by the provincial government through the Liquor Control and Licensing Branch (LCLB) .

Spotlight On: BC Liquor and Cannabis Regulation Branch

The Liquor and Cannabis Regulation Branch (LCRB) is responsible for regulation of liquor service, private and public liquor stores, the importing and manufacture of alcoholic products, and distribution of those products. For more information, visit the Liquor and Cannabis Regulation Branch .

Hospitality operators and their staff must be aware of fundamental requirements of the Liquor Control and Licensing Act , which defines the ways in which alcohol can be made, imported, purchased, and consumed in BC. As these requirements change frequently, it is the responsibility of operators and staff to keep up-to-date on the particulars of liquor legislation.

Take a Closer Look: BC Liquor Law Handbook

The Government of BC has put together a handbook of information regarding the selling of liquor. View Liquor Primary Licence: Terms and Conditions [PDF] online.

Travel Industry Regulation

As part of the Business Practices and Consumer Protection Act, the Travel Industry Regulation outlines the requirements for licensing, financial reporting, and the provision of financial security for travel sales. Additionally, it requires licensed travel agents to contribute to the Travel Assurance Fund, which compensates consumers if a travel provider is unable to provide the purchased product due to insolvency (Travel Industry Regulation, 2009).

Occupiers Liability Act

The Occupiers Liability Act specifies the responsibilities of those that occupy a premise such as a house, building, resort, or property to others on their property. It includes a definition of a premise, as well as the duty of care the occupier has to care for the condition of the premises, activities on the premises, and the conduct of other people (third parties) on the premises. It also outlines when occupiers liability is excluded, such as on Crown land or private roads (Occupiers Liability Act, 1996).

Take a Closer Look:  Cempel v. Harrison Hot Springs Hotel Ltd.

The legal ruling in this case highlights the responsibility of a hospitality organization under the Occupiers Liability Act to keep premises in safe condition even for trespassers. Ms. Cempel had trespassed onto hotel property, fell into a particularly dangerous hotspring, and suffered severe burns as result. The hotel was found partly responsible for her injuries and was required to pay damages. The ruling can be found here: Cempel v. Harrison Hot Springs Hotel Ltd.

Resort Associations Act

The Resort Associations Act was developed to provide opportunities to fund a variety of promotional services for a resort community. It outlines the organizational structure for the community and allows funding through member fees for activities such as marketing, planning special events, developing signage, and acting as a central booking agency (Resort Associations Act, 1996). To meet the criteria for this Act, resort areas are required to be within a designated resort region, have alpine ski lift operations, and provide year-round recreational facilities or commercial overnight accommodation (Government of BC, 2015).

Spotlight On: The BC Laws Website

All BC statutes are available online at the BC Laws website, operated by the Government of British Columbia. For more information, visit the BC Laws website .

Assault, battery, trespass, false imprisonment, nuisance, and defamation.

Primarily consist of negligence.

Failing to meet a reasonable standard of care toward others despite being required to do so.

Proof the plaintiff did in fact receive an injury resulting in damage; can be bodily injury or property damage.

The relationship between the plaintiff and defendant (monetary, supervisory, custodial or otherwise) that requires a responsibility on behalf of one party to care for the other.

Failure of a defendant to work to the recognized standard.

A strong link between the actions of the defendant and the injury to the plaintiff.

The ability of a person to enter into a legal agreement; depends on the age and mental state of the person (among other factors).

The value exchanged between parties in the contract (money, services, or waiving legal rights).

A document used as risk management technique where the responsibility for the risk is transferred to the participant through contract and voluntary acceptance of risk.

Requires hotel keepers to register guests appropriately, which includes noting the guest’s arrival and departure dates, home address, and type and licence number of any vehicle.

The BC government agency responsible for legislation and control of alcohol and cannabis sales, service, manufacture, import, and distribution in the province.

Defines the ways in which alcohol can be made, imported, purchased, and consumed in BC.

Part of the BC Business Practices and Consumer Protection Act that outlines the requirements for licensing, financial reporting, and the provision of financial security for travel sales.

Specifies responsibilities for those that occupy a premise such as a house, building, resort, or property to others on their property.

Developed to provide opportunities to fund a variety of promotional services for a community; the act defines what it means to be a resort community.

Introduction to Tourism and Hospitality in BC - 2nd Edition Copyright © 2015, 2020, 2021 by Morgan Westcott and Wendy Anderson, Eds is licensed under a Creative Commons Attribution 4.0 International License , except where otherwise noted.

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Home > Student Scholarship > THESES > 54

Theses and Dissertations

International travel, tourism and sustainable development law: a handbook.

Phil Cameron , Golden Gate University School of Law

Date of Award

Degree type.

Dissertation

Degree Name

Doctor of Law (SJD)

First Advisor

Dr. Professor Sompong Sucharitkul

Second Advisor

Professor Jon H. Sylvester

Third Advisor

Dr. Professor Christian Nwachukwu Okeke

Tourism is about travel, cultural exchanges, and job creation. Responsible tourism seeks to meet these goals in a way that will ensure protection of the tourist sites as well as sustainable growth for today's hosts and for future generations of both tourists and hosts. The objective of my research is to illustrate positive and negative impact the law of tourism and travel has on sustainable development. My methodology analyzes developing trends in international law, as well as centuries old traditions of travel law. Then I provide solutions that utilize successful legal regimes to enable sustainable development through tourism.

From my research at numerous universities all over the world, talking with industry professionals, government officials, and experts while attending conferences in many countries, and through work in the largest travel law office in the world, I have not found significant writings devoted to the impact of the law on tourism and sustainable development.

This doctorate examines the evolving legal definitions of tourism, sustainable development, cultural heritage, and common heritage of humankind; then distinguishes the types of tourist destinations, services and products along with the corresponding legal duties of the host state, other states, international law, and tourists. Case examples and problems related to specific states and tourism and sustainable development issues are illustrated throughout the essay. This doctorate examines how the United Nations along with other governments and nongovernmental organizations have sought ways in which regular and continuous economic development can lead to the betterment of mankind. A great deal of attention is paid to the travel law development of the United States of America, and even California travel law, as these are two of the most developed legal regimes around, as well as being the systems of the author's law practice. The codes of ethics for the traveler as developed by international organizations and scholars are also examined.

I show how the greater impact of tourism has been a positive influence on an economy and society as felt in 2005 following the economic and touristic devastation resulting from the tsunami of southeast Asia, the flooding in Europe, hurricane Katrina, and the earthquakes of Pakistan. As the Republic of Iraq, has stated, "It is now recognized that tourism has great potential to create and indirectly support job creation in several segments of the economy: airlines; hotels; restaurants; transportation; travel agencies; and telecommunications. . . . The tourism industry has also played an important transformational role as a vocal constituency for improvements to airports, immigration and visa procedures, security, road, rail and telecommunication networks."

I argue that sustainable development can be achieved through tourism by increasing employment opportunities, developing infrastructure, and by creating standards for individual, corporate and social activities related to tourism. This doctorate also emphasizes that the significance of maintaining cultural heritage is important both for the common heritage of humanity but also for the daily lives of people that make a living from the income created by tourism and as such I feel will be a useful contribution to sustainable development literature.

Recommended Citation

Cameron, Phil, "International Travel, Tourism and Sustainable Development Law: A Handbook" (2007). Theses and Dissertations . 54. https://digitalcommons.law.ggu.edu/theses/54

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Home » Law and Ethics » WHY DO WE NEED TOURISM LAW

WHY DO WE NEED TOURISM LAW

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.

Why Do We Need Tourism Laws?

According to the United Nations’ World Tourism Organization (UNWTO), the purpose of travel legislation is to provide a regulatory framework for the proper development and management of tourism activities. 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.

• Top Online Hotel and Hospitality Management Degree Programs

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.

Major Tourism Laws

Tourism laws refer to a combination of state, federal and international laws that regulate various aspects and functions of the travel industry. 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. These states are Iowa, Hawaii, Florida, Nevada, California and Washington. 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.

Passenger Bill of Rights

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.

Common Tourism Law Problems

There are many common travel related problems that are covered by state regulations. For starters, lost or damaged baggage is a chronic travel issue. 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. However, every Tourism Law attempts to protect travel consumers and organizations.

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Hotel and Airbnb price tags may soon spike. For travelers, that’s a good thing

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If you’re making travel plans for summer or fall, brace yourself for a jump in some advertised prices — which is, believe it or not, good news for consumers.

It’s the result of a new California law aimed at bringing transparency to the resort fees, service fees, host fees and other “drip pricing” that often inflates consumer’s bills beyond the rates first advertised, especially at lodgings and restaurants. Under the California law known as SB 478 , which takes effect July 1, businesses selling their wares in California now must include mandatory fees in their initial advertised prices.

“The price you see is the price you pay,” California Attorney General Rob Bonta has said.

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The law has gotten a lot of attention for its potential effects on struggling restaurants, many of which have imposed service fees since the arrival of the pandemic. (In fact, one legislator has proposed an eleventh-hour exception to exclude restaurants.) But the law also brings big changes for travelers and that industry — especially when it comes to the “resort fees” that many hotels automatically charge, saying they cover services and amenities such as pool and gym access.

By putting a separate label on those fees, hotels have been able to advertise lower daily rates — an advantage when consumers are comparing prices. Now the hundreds of U.S. hotels that have been tacking “resort fees” onto their daily rates will be required to include them in the advertised rates that California consumers see.

At a consumer’s first glance online, it may seem the new rules have pushed the cost of a $149 room up by $20 to $50 per night. In fact, the hoteliers are just disclosing all pre-tax fees up front, as required — a change that may allow consumers to make better cost comparisons.

Cleaning fees should show up sooner

Meanwhile, the same law requires vacation rental hosts to include fees for service and cleaning from the beginning.

This follows an initial voluntary step taken by Airbnb in 2022. Under pressure to be more transparent, the company added a digital “toggle” switch allowing customers to initially see either a basic daily rate or a total showing how much those secondary fees would add to the daily rate. Now, Airbnb officials have said, customers in California will automatically see the “total before taxes” number.

In practice, the new requirement means that instead of quoting a $150-per-night rate to some search-page visitors, an Airbnb host would need to tell all consumers up front that the five-night rental will cost $1,050 (the $150 daily rate plus $150 service fee and $150 cleaning fee) — effectively $210 per day, before taxes. This will cover any destination being considered by a California-based consumer, an Airbnb representative said.

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The vacation rental company VRBO shows consumers two prices on its browsing pages: the basic nightly rate in larger bold type and the total price in smaller, plain type, no toggling needed.

Though the new law is aimed at any business selling to Californians, many businesses beyond the state may not comply immediately. If you’re planning a trip outside California, check closely to see what costs your prospective lodging is and isn’t disclosing. (But if you’re headed to a country within the European Union, no worries: The E.U. already requires businesses to advertise using their total cost, including taxes.)

“This is all about uncovering the hidden fees that are everywhere in our economy. It’s pretty sweeping,” said Jamie Court, president of Los Angeles-based Consumer Watchdog. He noted that if offenders ignore warning letters, they can face penalties of $1,000 per violation (potentially including other damages and attorneys’ fees).

Though this change will disrupt some hotels’ strategies for boosting profits, the changes also may give hoteliers a better chance at winning back customers from short-term rental companies, which have grabbed a hefty share of the travel market since the birth of Airbnb in 2007.

Lynn Mohrfeld, president and CEO of the California Hotel & Lodging Assn., said the group supported the legislation in Sacramento because it should bring “a level playing field” between hotels and the vacation rentals. “If everybody does it the same way, it’s makes it a better buying experience for the consumer.”

The California law is unlikely to change base rates for airlines or rental cars, industry experts said, because the add-on fees those businesses charge are typically for voluntary services and items, such as preferred seats and insurance.

California Atty. Gen. Bonta has noted the transparency law doesn’t raise or lower any prices, but it does require more clarity and is intended to curtail “junk fees” and “drip pricing.”

How resort fees got to be enormous

Though many hotels do not charge resort fees, the practice has grown dramatically since the late 1990s, especially in vacation destination areas like Las Vegas, Palm Springs and San Diego. The fees typically range from $20 to $50 nightly.

By one estimate, the U.S. hotel industry in 2017 reaped $2.7 billion in resort fees. Lauren Wolfe, counsel for the consumer advocacy group Travelers United and founder of KillResortFees.com, has called resort fees “the most deceptive and unfair pricing practice in the hotel industry.”

As consumer sentiment against the fees has grown, public officials have filed several court challenges nationwide, including a lawsuit against Marriott International by Pennsylvania’s attorney general. That suit led to a 2021 settlement , which led to Marriott’s announcement in May 2023 that it would start including resort fees in initial website search results. Hyatt followed with a similar change in July 2023, Hilton in September.

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In 2023, President Biden denounced resort fees and the Federal Trade Commission proposed a rule targeting junk fees and related practices. A Junk Fee Prevention Act was introduced to the Senate in March 2023 , followed by a Hotel Fees Transparency Act in July , but so far, Congress has taken no action.

Meanwhile, some questions remain about how the travel industry will respond to California’s transparency law. For instance: What about companies that continue to advertise the lowest version of their rates in large type, while simultaneously disclosing the large true full price in smaller type?

“That seems to violate the intent of the law,” Court said, but “It’s up to a court to figure out. Companies are going to push to the limit.”

For those ready to make hotel or rental property reservations, a second new state late could also be helpful: Beginning July 1 under legislation known as SB 644, California consumers must be given 24 hours to cancel most lodging bookings without any charge, so long as the consumer has made the booking at least 72 hours ahead of arrival. The law includes hotels, rental agencies and third-party booking services.

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Born and raised in California, Christopher Reynolds has written about travel, the outdoors, arts and culture for the Los Angeles Times since 1990.

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New Times, New Thinking.

Welcome to the realm of the thought experiment

What do a hurtling trolley, a shallow pond and a famous violinist all have in common?

By David Edmonds

Imagine you’re walking through a maze. As you attempt to navigate your way through the corridors, occasionally running into dead ends, you pass through various spaces in which unusual, sometimes surreal, events are unfolding.

“Welcome to the Chinese Room,” booms a disembodied voice as you enter the first room you come across. Inside, a woman is picking up a note that somebody has pushed under the door on the far side of the room. Scribbled on the paper are a couple of lines of Chinese characters. “I have no idea what they mean,” the woman says. But she plugs the symbols into a huge contraption, follows a few instructions, and a few seconds later, after some whirring and humming, another note splutters out, with a printed line of response, also in Chinese, which the woman slips back under the door. “Ha,” she smirks, “I’ve fooled the people on the other side into believing that I can really understand the language!”

Down a passageway, you pass a shallow pond, in which a child is struggling to stay above water. Just as you are about to wade in to save her, you notice that you’re wearing some expensive brogues, and your new Gucci trousers. There’s no time to remove them. For a moment, before getting your feet wet, you wonder whether a child’s life is worth ruining your stylish outfit.

Sodden, but warmed by self-satisfaction, you continue on your way. A locked chamber contains a small spyglass. Peering through, you see a woman reading a book. Everything in the room – the desk, the bed, the walls, the book, the woman’s clothes – is either black or white. The TV is on, showing a black and white film. It is a room entirely devoid of colour.

Later, you spot a man who suddenly transmogrifies into a vampire. Another man is opening a small matchbox, in which, scuttling inside, you spy a beetle. There’s a woman with tubes sticking out of her, attached to an elderly man who’s playing a beautiful rendition of Vivaldi’s Four Seasons on the violin.

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This labyrinth, of freaks and oddity, is philosophical heaven, bursting with thought experiments. A thought experiment is an imaginary set-up conjured up by a philosopher to test or provide some insight into an idea or an intuition. The Chinese Room, the Shallow Pond, Mary’s Room, the Famous Violinist: these are all well-known scenarios in philosophy .

On these pages, every few weeks, I’ll be bringing you a particular philosophical thought experiment. Who thought it up, and why? Why does it matter?

The philosophical thought experiment is as old as philosophy. In the 5th century BCE, Zeno imagined that Achilles and a tortoise were in a race, with the tortoise given a head-start. Achilles is much the faster competitor. Still, suggested Zeno, he can never overtake the tortoise, since by the time he reaches the point where the tortoise was, it has moved to a second point, and when Achilles reaches this new point, the reptile has moved forward again… and so on.

Plato, Descartes, John Locke, David Hume, Jean-Jacques Rousseau – almost every philosopher in the canon has made use of thought experiments. I’ll be focusing on thought experiments from the past 100 years. The column will feature the Experience Machine, the Trolley Problem, Twin Earth and the Veil of Ignorance. They’re great fun, of course, but they also address serious issues. The Famous Violinist, for example, was created by the philosopher Judith Jarvis Thomson (1929-2020), and was composed as a defence of abortion. The Trolley Problem, in which a runaway train will kill five people tied to a track unless redirected down a spur, where it will only kill one, was also devised in an article about the ethics of abortion.

My love of thought experiments is not universally shared. They’re ludicrously unrealistic, critics bemoan, and realism matters, particularly in the moral realm. Our intuitions are primed to respond to ordinary cases and are totally unreliable in contrived settings. In any case, our moral instincts only make sense within the complex web of circumstances in which typical actions occur.

But it’s precisely to avoid all the real-world noise, the messiness of life, that the philosopher invents the thought experiment. One way philosophers have tested whether a feature of the moral world is relevant (for example, is killing worse than letting someone die?) is by imagining two artificially constructed situations that are identical except for the presence in only one of the factors in question.

Be that as it may, the cry of implausibility tends not to be levelled at thought experiments that have nothing to do with value. And many of the thought experiments I’ll be describing fall within this category. So strap in. The out-of-control thought-experiment trolley has begun to roll.

David Edmonds will be writing a regular column on philosophy in the New Statesman

[See also: There is no cultural armada behind today’s left ]

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This article appears in the 26 Jun 2024 issue of the New Statesman, The Lammy Doctrine

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The Supreme Court Walks Back Clarence Thomas’ Guns Extremism

This is part of  Opinionpalooza , Slate’s coverage of the major decisions from the Supreme Court this June. Alongside  Amicus , we kicked things off this year by explaining  How Originalism Ate the Law . The best way to support our work is by joining  Slate Plus . (If you are already a member, consider a  donation  or  merch !)

The Supreme Court upheld a federal law disarming domestic abusers on Friday, significantly narrowing a radical 2022 precedent in the process. Its 8–1 ruling in U.S. v. Rahimi is a major victory for gun safety laws, a much-needed reprieve after two years of unceasing hostility from the federal judiciary. Chief Justice John Roberts’ majority opinion walked back maximalist rhetoric—recklessly injected into the law by Justice Clarence Thomas—that had imperiled virtually every modern regulation limiting access to firearms. Thomas was the lone dissenter, signifying the rest of the court’s mad dash away from his extremist position on the Second Amendment.

Rahimi involves a violent criminal, Zackey Rahimi, who beat his girlfriend, then fired shots at either her or a witness as she fled his abuse. His girlfriend subsequently obtained a restraining order from a state court that found that he posed “a credible threat” to her “physical safety.” Rahimi, however, continued harassing her, threatened a different woman with a firearm, and was identified as the suspect in at least five additional shootings. When the police searched his apartment, they found a pistol, a rifle, ammunition, and a copy of the restraining order.

Rahimi was indicted under a federal law that bars individuals from possessing firearms while subject to a restraining order for domestic violence. He argued that this statute violated his Second Amendment rights, and the U.S. Court of Appeals for the 5 th Circuit agreed . The court rested its analysis on New York State Rifle and Pistol Association v. Bruen , the Supreme Court’s 2022 decision establishing a constitutional right to carry firearms in public. Thomas’ opinion in Bruen , though, went much further than that specific holding, declaring that all restrictions on the right to bear arms are presumptively unconstitutional unless they have a sufficient set of “historical analogues” from the distant past. (He didn’t bother to clarify the precise era, but it seemed to be sometime between 1791 and 1868.)

That approach posed two fundamental problems, which the lower courts quickly encountered when trying to apply Bruen : First, judges are not historians and cannot parse the complex, often incomplete record in this area with any consistency or reliability; and second, modern problems require modern solutions , especially when past bigotry prevented lawmakers from perceiving those problems in the first place. Rahimi is Exhibit A: Men were generally permitted to abuse their wives in the 18 th and 19 th centuries, with courts hesitant to interfere with what they deemed a private “familial affair.” Countless other examples have arisen in the lower courts since Bruen , with judges creating new rights to scratch the serial number off guns and own firearms while using illegal substances .

Roberts attempted to put a stop to this chaos on Friday. His Rahimi opinion cut back Bruen at every turn. “Some courts,” the chief justice wrote, “have misunderstood the methodology of our recent Second Amendment cases. These precedents were not meant to suggest a law trapped in amber.” Rather than hunt for perfect historical analogs, courts should ask “whether the challenged regulation is consistent with the principles that underpin our regulatory tradition.” If old laws regulated guns to “address particular problems, that will be a strong indicator that contemporary laws imposing similar restrictions for similar reasons fall within a permissible category of regulations.” Today’s regulations should generally avoid imposing restrictions “beyond what was done at the founding,” but the modern law need not “precisely match its historical precursors.” Roberts’ test significantly broadens (or perhaps loosens) the constitutional inquiry beyond what Bruen allowed. It instructs courts to look at principles , at a fairly high level of generality, rather than demanding a near-perfect match from centuries past.

The difference between Rahimi and Bruen is perfectly captured by Roberts’ majority opinion and the lone dissent written by Bruen ’s own author, Thomas. The chief justice asserted, “The government offers ample evidence that the Second Amendment permits the disarmament of individuals who pose a credible threat to the physical safety of others.” He breezily walked through a smattering of history allowing for the seizure of arms to preserve “public order.” For proof, Roberts cited surety laws, legislation that required an individual “suspected of future misbehavior” to post a bond, which he would forfeit if he engaged in misconduct. Domestic abusers could, in theory, be subject to the surety system, as could individuals who misused firearms—and that was good enough for Roberts. To him, this evidence established a historical practice of “preventing individuals who threaten physical harm to others from misusing firearms.” And disarming abusers “fits comfortably within this tradition.”

To Thomas, by contrast, surety laws “are worlds—not degrees—apart” from the law in question, because they were civil (not criminal) measures that did not actually disarm people but merely threatened them with a fine. These laws “did not alter an individual’s right to keep and bear arms,” Thomas protested, and they therefore failed to establish a relevant “history and tradition.” Indeed, “the government does not identify even a single regulation with an analogous burden and justification,” he complained in dissent. In 1791 a man like Zackey Rahimi could be disarmed only after a conviction for a violent crime. And so, Thomas wrote, that must remain the rule today.

Bruen was a 6–3 decision. Yet every justice who joined Thomas’ opinion in Bruen in 2022 signed on to Roberts’ walk back of Bruen on Friday. What happened? Aside from Justice Samuel Alito, every remaining member of the court expressed their views by writing or joining separate concurrences in Rahimi . Justice Brett Kavanaugh tried to defend his beloved “history and tradition” test, as opposed to “a balancing test that churns out the judge’s own policy beliefs,” while creating more room for “precedent” (or “the accumulated wisdom of jurists”). Justice Amy Coney Barrett wrote that Bruen “demands a wider lens” than the 5 th Circuit deployed, explaining that “historical regulations reveal a principle, not a mold,” and do not forever lock us into “late-18 th -century policy choices.” Justice Neil Gorsuch tried to split the difference, marshaling a defense of Bruen while subtly reworking it to limit sweeping legal attacks on gun regulations.

Justice Sonia Sotomayor, joined by Justice Elena Kagan, celebrated the majority’s focus on “principles” instead of perfect analogs. “History has a role to play in Second Amendment analysis,” she wrote, “but a rigid adherence to history, (particularly history predating the inclusion of women and people of color as full members of the polity), impoverishes constitutional interpretation and hamstrings our democracy.” Justice Ketanji Brown Jackson, who joined the court soon after Bruen came down, warned that Rahimi will not end the “increasingly erratic and unprincipled body of law” that Bruen inspired. “The blame” for the lower courts’ struggles “may lie with us,” she noted, “not with them.” All three liberals sound ready and willing to overturn Bruen altogether if they get the chance—but will, for now, settle for Rahimi ’s compromise.

What next? The Supreme Court will have to vacate a spate of lower court decisions that used Bruen to strike down seemingly sensible gun safety laws, ordering a do-over in light of Rahimi . Some courts will gladly accept the message. Others, like the lawless 5 th Circuit , will probably interpret Thomas’ dissent on Friday as the law and refuse to change their tune. Such defiance will test the majority’s commitment to a more workable and balanced Second Amendment jurisprudence—and likely fracture the court once more. By replacing Thomas’ hard-line views with a more malleable standard, SCOTUS has ended one battle over guns. But by remaining in this area, where it has no right to be in the first place, the court has invited a thousand more.

The Sitting Bee

Short Story Reviews

Tourism by Benjamin Law

In Tourism by Benjamin Law we have the theme of consumerism, family, separation, tradition, independence, commitment and connection. Taken from his The Family Law collection the story is narrated in the first person by Law himself and is a memory piece with Law recalling his teen years. It is also clear to the reader that Law may be exploring the theme of consumerism. Law feels as though Asian people like to spend their money on wasteful things. Things that have no real significance. Things like theme park t-shirts and fridge magnets. It may also be important that Law’s mother is one of these people who likes to buy things in theme parks. If anything Law might be suggesting that how his mother acts, as a tourist, is traditional to Chinese people. In reality Law is suggesting that Asian people like buying junk.

The theme of family and separation is also evident in the story. Despite being divorced Law’s parents remain close. Something that slightly bothers Law and he cannot see how they can be happy with his mother tagging along on the weekends Law and their siblings spend with their father. It may also be significant that Law deliberately emphasizes an Australian accent when he is at the theme parks. He considers himself to be Australian rather than Chinese-Australian. If anything he wants to dissociate himself from the Asian tourists that he considers to be ridiculous. Though they do mirror Law’s mother in their appearance. If anything Law is attempting to westernize himself and forgo his cultural heritage. However his family do celebrate Chinese festivities. Possibly due to the fact that his parents are both still alive. Without them it is uncertain as to how Law might celebrate events.

There may be some symbolism in the story which might be important. The theme parks can be seen to represent consumerism and the westernization of Law Through his parents’ influence. The emu might represent tradition in some way and Law’s removal of the emu from the car might suggest a removal from Law’s heritage as a person of Chinese extract. The fact that Law’s father cannot attend the festivities with Law and the rest of his family due to work commitments might also be important as it is possible that Law’s father is hard-working. Despite being a single man he honours both his duties as an employee and a father. The Chinese women who gossip about Law’s parents’ separation play a significant role in the story as the women could be suggesting that the traditional role of  Law’s parents is not being carried out. A traditional nuclear family is important to the women.

The end of the story is interesting as Law appears to be exploring connection. A family connection that will be the last time all the Law’s family will be together for a long time. Even though Law’s father is working and cannot make it. Nonetheless every other family member will be there. This again is important as it really suggests the significance of family, even if Law does not follow Chinese tradition fully. Family and the differences between Law and his parents does not hold Law back from loving his family. Even if he considers his mother to be somewhat of a tourist.

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Kazakh Betting Law Saga Continues

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Once signed into law, the Kazakh government will essentially discharge the most significant regulatory responsibilities in the betting industry to an unknown entity.

A bill that will create a new regulator in the Kazakh betting market passed at the last minute by the country’s parliament, the Mazhilis, and looks to be on the verge of becoming a reality.

The legislation, which lays out the parliament’s attempt to introduce a new third-party regulator has faced opposition from the industry in recent months. Despite protests, the bill was agreed before the end of the parliamentary session on June 5, 2024.

The bill details that a new regulator, known as the “Unified Accounting System” (UAS), will control all money market operations, have the power to veto participants in the market, and take up to 1.5 percent of all betting transactions. 

Should the Senate approve the draft law, it would go to the president for signing. Assuming the draft law is adopted in its current form, it would enter into force 60 calendar days after the date of its first official publication.

The Saga Continues

Following the adoption of the draft law, the regulator will serve as a de facto monopoly in the Kazakh betting market. This phenomenon is especially notorious in so-called strategic sectors such as betting and gambling, petroleum, telecommunication, and transport. President Kassym-Jomart Tokayev said so himself in June 2022 that his anti-corruption drive aimed to “revise legislation that has contributed to the concentration of the country’s economic resources in the hands of a narrow group of people and provided them with unnecessary preferences.” 

Once signed into law, the government will be authorized to discharge the most significant regulatory responsibilities to an unknown entity that will be the new regulator. This includes performing as a referee and therefore possessing privileges in terms of resource allocation, production, and sales; at the same time, the regulator will determine market competition and pocket 1.5 percent of all profits. 

The lack of regulatory scrutiny and debate surrounding the bill is alarming. More crucially, the hurry to force the bill meant due legal procedures were violated. Kazakh Vice Minister of Tourism and Sports Miras Tulebayev and Ruslan Arysbekovich Berdenov, member of the committee of finance and budget of the Mazhilis, who both voiced their support of the bill being expedited, were unable to answer which company will get the rights of the regulator, how they will be selected, and where the money will ultimately go.

History has shown us that once intermediary companies take on government responsibilities like this new regulator will, it will be very hard for private firms to set foot in the industry, leading to unfair treatment. The supply of betting services will be kidnapped by a select few companies. 

The Alphabet Soup Thickens

The draft law, “Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Gambling, Lotteries and Lottery Activities” has been in and out of the Mazhilis since January 2020. 

As discussed in a previous article , the delay in adopting the legislation initially was due to corruption concerns. The former vice minister of culture was fired for accepting a bribe from pro-regulator lobbyists.  

Due to its unpopularity and controversial history, the formal name of the regulator was changed in the latest iteration of the law. Formerly known as the “Betting Account Centre” (BAC), the regulator has now been renamed UAS. The UAS holds the same functions as the BAC.

History Repeating Itself?

What we can learn from these decisions as the current saga continues to play out is that people are likely to cast doubt on the overall legitimacy of Tokayev’s anti-corruption reforms and restrain further support in light of these developments. Corruption is a chronic disease in developing countries, particularly former centrally planned economy countries like Kazakhstan, because of the extensive and centralized government power to intervene in the competition process and feeble institutional guards to secure transparency and integrity.

We are already seeing signs of protest against this new bill from the industry. Indeed the Association of Bookmakers of Kazakhstan is suing Deputy Berdenov for introducing the regulator at the last minute. Also, a press conference in Kazakhstan was held last week by the National Association of Fintech and Payment Processing Companies in Kazakhstan. Irina Davidenko, the association spokesperson said “The proposed legislation would be a step backwards for Kazakhstan, harming competition in the country’s vital payments sector and signaling to the outside world that necessary business reform is being driven by shadowy interests, rather than what’s right for industries and consumers.”

This new regulator will have a chilling effect on the betting sector and Kazakhstan as a whole.  Despite the anti-corruption rhetoric in Kazakhstan, a powerful lobbying force representing the interest of an unknown private company has succeeded in getting the bill through to the Senate. If this bill becomes law, the new regulator will seek to grab monopoly rents and worsen the disparity of income distribution; and finally, facilitate corruption. All these sins are powerful dragging forces toward the monopoly trap, or even a formidable reversion of the development process Kazakhstan has so diligently built up. 

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The need to study philippine tourism laws, no comments:, post a comment.

What is the importance of tourism law in the Philippines?

Importance of tourism law.

Tourism law in the Philippines plays a crucial role in ensuring that the tourism industry operates in a safe, fair, and sustainable manner. The following are some of the key reasons why tourism law is important in the Philippines:

• Protecting tourists: Tourism law helps to protect the rights and interests of tourists who visit the Philippines. This includes ensuring that tourists are not taken advantage of, are provided with accurate information about tourist attractions, and are kept safe from harm.
• Regulating the tourism industry: Tourism law helps to regulate the tourism industry in the Philippines by setting standards for tourism businesses and ensuring that they comply with these standards. This includes requirements for licenses, permits, and certifications for tourism-related businesses such as hotels, resorts, and tour operators.
• Promoting sustainable tourism: Tourism law in the Philippines promotes sustainable tourism by encouraging the development of eco-friendly tourism practices and responsible tourism development. This helps to protect the environment, preserve cultural heritage, and support local communities.
• Resolving disputes: In cases where disputes arise between tourists and tourism businesses, tourism law provides a legal framework for resolving these disputes fairly and efficiently. This helps to maintain the integrity of the tourism industry and ensure that tourists are treated fairly.
• Generating revenue: The tourism industry is a significant contributor to the Philippine economy, and tourism law helps to ensure that this industry operates in a way that generates revenue for the country. This includes regulating tourism-related taxes, fees, and charges, and ensuring that tourism-related businesses pay their fair share.
• Sustainable tourism development: Tourism law in the Philippines promotes sustainable tourism development by encouraging tourism-related businesses to adopt eco-friendly practices and supporting the development of community-based tourism initiatives. The DOT also works with local governments and communities to promote sustainable tourism practices and preserve natural and cultural heritage sites.
• Resolution of disputes: In cases where disputes arise between tourists and tourism-related businesses, tourism law provides a legal framework for resolving these disputes. This includes provisions for consumer protection and dispute resolution mechanisms such as mediation and arbitration.

Overall, tourism law is a vital component of the Philippine tourism industry. It helps to ensure that tourists are protected, the tourism industry is regulated and sustainable, disputes are resolved fairly, and the industry generates revenue for the country. By promoting responsible tourism practices and protecting the interests of tourists and tourism-related businesses, tourism law helps to ensure the long-term success and sustainability of the Philippine tourism industry.

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Tourism Essay for Students and Children

500+ Words Essay on Tourism

Tourism Essay – Tourism is a major economic activity that has developed significantly over the years. It’s an activity that can be recognized in both developed and developing nations. In general terms, tourism is the movement of a person from one place to another to visit and mesmerize the beauty of that place or to have fun. Moreover, the concept of traveling is considered a luxury and only people with higher income can afford this luxury.

The Growth of Tourism

Earlier our ancestors used to travel by sea routes as it was a convenient and most affordable medium but it was time taking. Due to, technological advancement we can now easily travel to any place without wasting time we can travel thousands of miles within a few hours. Technological advancement has shrunk the earth into a global village. Besides, the modern modes are much safer than the modes that our predecessors used.

Effect of Tourism on a Country

For any country, tourism generates a lot of money especially a country like India. Due to the Taj Mahal (one of the seven wonders of the world) every year the government raise a huge sum of revenue. Also, because of tourism other industries also bloom. Such industries include transportation, wildlife, arts and entertainment, accommodation, etc.

Moreover, this ultimately leads to the creation of job and other opportunities in the area. But there are some drawbacks too which can affect the lifestyle and cultural value of the country.

Importance of Tourism

Traveling is a tiring and difficult thing and not everyone is able to travel. But at the same time, it’s a fun activity that takes your tiredness away. Travelling adds flavor to life as you travel to different places that have a different culture and lifestyle. Also, it’s an easy way to learn about the culture and tradition of a place. Besides, for many areas, tourism is their main source of income.

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India- A Tourist Attraction

The Taj Mahal is not the only destination in India that attract tourist. Likewise, there are hundreds of tourist destination that is spread over the Indian plateau. India has a large variety of Flora and Fauna. Besides, the equator divides the geographical land of India into almost two equal halves that make India a country where six seasons occurs.

Moreover, in almost every city of India, there is a historical monument made by the rulers in their time period.

Benefits of Tourism

Tourism not only benefits the government but also the people that live in the local area. It also creates a business as well as employment opportunities for the local people which ultimately help the government to earn income.

Benefits Due to Tourism

As we know that tourism contributes a lot to the revenue of the country. Also, the government uses this income for the growth and development of the country. Likewise, they construct dams, wildlife sanctuaries, national parks, Dharamshala and many more.

In conclusion, we can say that tourism is a very productive activity both for the tourist and the government. As they support each other simultaneously. Also, the government should consider improving the conditions of the country as more and more number of tourist visit their country.

Above all, tourism is one of the fastest-growing industry in the world that has changed the scenario of the world.

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Introduction to Law [Hospitality & Touri...

Introduction to Law [Hospitality & Tourism Law]

20 questions

Introducing new   Paper mode

No student devices needed.   Know more

Select 2 types of legal system in the world

shariah law

Below are the unwritten law in Malaysia EXCEPT

English law

Syariah law

State Constitution

Judicial precedent

_______________ is the supreme law of the land in Malaysia.

Legislation

Subsidiary legislation

Federal Constitution

Laws made by Parliament are known as ________________.

Customs are recognized as a source of law in Malaysia.

Muslims law applies to all citizens in Malaysia.

Regulations, Rules and by-laws are examples of

Parliament has insufficient time and technical knowledge to enact all kinds of law

Legislation made by individual or bodies under powers given on them by Act of Parliament called as?

None of the above

doctrine of binding judicial precedent

Unwritten law consists of

English Law

Judicial Decision

All the above

Parliament can enact laws on matters enumerated in

List III of the 9th schedule of the Federal Constitution

List II of the 9th schedule of the Federal Constitution

List I of the 9th schedule of the Federal Constitution

List IV of the 9th schedule of the Federal Constitution

a contract of insurance is usually entered into in the following manner:

Cover note and the Proposal Form

Insurance Policy

the loss which is being insured against is called

insurable interest

The House of Lords held that in order to have an insurable interest in the property a person must have a legal or equitable interest in that property.

if a person has no insurable interest...

the policy is void

the policy is void except Paragraph 3(3), Schedule 8 of the Financial Services Act 2013

because he has nothing to insure

insurance contracts are

a material fact is a fact that would influence the mind of a prudent insurer in deciding whether to accept the risk

What are the steps in obtaining a contract of insurance?

proposal, cover note, issue policy, renewal notice

Cover note, proposal, issue of the policy, renewal notice

offer, proposal, cover note, issue of the policy

offer, acceptance, proposal, cover note and issuance of the policy

In Suhaimi Bin Ibrahim v United Malayan Insurance Co. Ltd. [1966] 1 MLJ 140, the Plaintiff took out a workman's compensation policy with the defendants.

The insurance policy was issued on the basis of a proposal where the plaintiff

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Michelle Goldberg

Trump’s Allies Say They’ll Enforce the Comstock Act. Believe Them.

By Michelle Goldberg

Opinion Columnist

Until the Supreme Court overturned Roe v. Wade in 2022, it was hard for feminists to get Americans to take the threat of losing the constitutional right to abortion seriously. Describing Hillary Clinton’s inability, in 2016, to shake pro-choice voters out of their complacency, The New York Times’s Lisa Lerer and Elizabeth Dias wrote , “Internal campaign polling and focus groups showed that the issue did not resonate strongly with key groups of voters, because they did not believe Roe was truly at risk.”

It is similarly difficult to get Americans to appreciate the threat that the 19th-century Comstock Act could be resurrected . Named colloquially for the fanatical postal inspector Anthony Comstock, the 1873 act — which is actually a set of anti-vice laws — bans the mailing of “obscene, lewd, lascivious, indecent, filthy or vile” material, including devices and substances used “for producing abortion, or for any indecent or immoral purpose.” Though never repealed, it was, until recently, considered a dead letter, made moot by Supreme Court decisions on free speech, birth control and abortion.

But with Roe overturned, some in Donald Trump’s orbit see a chance to reanimate Comstock, using it to ban medication abortion — and maybe surgical abortion as well — without passing new federal legislation.

The 920-page blueprint for a second Trump administration created by Project 2025, a coalition of conservative organizations, calls for enforcing Comstock’s criminal prohibitions against using the mail — widely understood to include common carriers like UPS and FedEx — to provide or distribute abortion pills. Some MAGA legal minds believe that Comstock could also be wielded to prevent the mail from transporting tools used in surgical abortions. “We don’t need a federal ban when we have Comstock on the books,” Jonathan F. Mitchell, a crusading anti-abortion lawyer who represented Trump before the Supreme Court this year, told Lerer and Dias in February.

Conservatives know this would be enormously unpopular, which is probably why, when they talk about Comstock at all, they often refer to it by its criminal code numbers rather than its common name. (“I think the pro-life groups should keep their mouths shut as much as possible until the election,” said Mitchell.) Democrats, by contrast, need to be doing everything possible to make “Comstock” a household word. That’s why they should champion a bill introduced by Senator Tina Smith of Minnesota on Thursday to overhaul the Comstock Act. And it’s why President Biden would be wise to act on a petition from the Foundation for Individual Rights and Expression to posthumously pardon one of Comstock’s high-profile victims.

Many were shocked when the Supreme Court overturned Roe two years ago, but as Smith, the former vice president of Planned Parenthood of Minnesota, told me, they shouldn’t have been, because the right made no secret of its objectives. There is something similar going on with Comstock. “Believe them when they tell us what they want to do, because they will do it if they’re given half a chance,” she said.

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