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Travel and Tourism

Travel and Tourism practice area encompasses a good number of laws. More often than not, it addresses complex issues which persons encounter whilst traveling, irrespective whether for business, for health reasons as a patient, for religious faith as a pilgrim, for sporting events as an athletic or as a tourist on holiday.

Problems could arise about the e-ticket after placing a booking through a web site, a delay, rescheduling or even a cancellation of a flight, a personal injury sustained in the hotel or even on a cruise liner as a result of a slippery pool area or from food poisoning. Council Directive 90/314/EEC on package travel, package holidays and package tours has given rise to many an issue and still does till today for tour operators.

Needless to say, such problems would normally lead to an obvious question: who would be liable in the prevailing circumstances, leading to a multitude of claims for compensation from the insurance company or against the airline company, the tour operator, the travel agent, the hotel, the company providing the car hire or even the coach, the train, the cruise liner. In some cases, claims for compensation would be in the form of class actions.      

Tanti-Dougall & Associates, Advocates provides legal assistance to clients, irrespective whether a traveler, a travel agent, a tour operator, an airline, a hotel owner or a cruise liner company, in addressing the claims so raised, first by trying for an out-of-court settlement through arbitration, mediation or Alternative Dispute Resolution, and should such process fail, through litigation.

It is interesting to point out that under EC Regulation 1348/2000,subsequently succeeded by EC Regulation 1393/2007 on the ‘Service in the Member States of Judicial and Extrajudicial Documents in Civil or Commercial Matters’ a person who would like to raise a claim against a third party to seek compensation, like for example against the hotel, the airline, the car hire companies in a given country, could do so in that person’s national court and then, should the outcome of the judicial proceedings be successful, the judgment could be enforced in the country where the relative company would be so registered and this as provided under EC Regulation 44/2000 on the ‘Jurisdiction Recognition and Enforcement on Judgments in Civil and Commercial Matters’.  The above-mentioned Directives are only applicable inter Member States for persons residing within the European Union.

Tanti-Dougall & Associates, Advocates actively participates in the International Forum for Travel and Tourism Advocates (IFTTA) which comprises practising and academic lawyers from all over the globe.