The Entity Responsible for Ensuring Compliance with Safety Standards under the Package Travel Contract
DOI:
https://doi.org/10.60131/jlaw.1.2025.9281Keywords:
Tour Operator, Safety Standards, Package Travel Contract, Damage.Abstract
Neglecting safety standards in any field may pose a threat to human life, health, and property. However, the risks extend further, potentially affecting the overall quality of an individual's personal life. The observance of safety standards by the responsible party is particularly important in the implementation of a package travel. A package travel is a service composed of multiple components, the fulfilment of which involves various entities. Nevertheless, within the framework of contractual obligations towards the tourist, a single party assumes responsibility. The failure to adhere to safety standards during the provision of services stipulated under a package travel contract may result in the cancellation or substantial devaluation of the trip, often accompanied by incidents involving bodily harm or damage to health.
International practice shows that, due to the specific nature of such agreements, approaches to identifying the responsible party and defining the scope of liability in the event of safety breaches vary significantly. This paper, based on international practice, explores the challenges related to determining the extent of the tour operator’s civil liability when a service provider breaches safety standards.
References
“On Package Travel and Linked Travel Arrangements” Directive (EU) 2015/2302 of 25 November 2015.
Law of Georgia “Civil Code of Georgia” (26/06/1997).
Law of Georgia on Tourism (15/12/2023).
“On Fire Safety In Existing Hotels“ Directive (EU) 86/666/EEC of 22 December 1986.
Alawan A. S. A., Civil liability of the Tourism and Travel Agency arising from the breach of its obligations to the tourist in the tour contract, “Study in Bahraini and Jordanian law", Journal of Positive Psychology & Wellbeing, Vol. 6, No. 1, 2022, 2050.
Alleweldt F., Tonner K., McDonald M. and others, Study on Safety and Liability Issues Relating to Package Directive, Policy Department Economic and Scientific Policy, 7.
Andrew D., Cane P., Sheldon D., Macintosh I., Review of the Law of Negligence (Final Report), 2002, 102-103.
Barend V. L., European Standardisation of Services and its Impact on Private Law: Paradoxes of Convergence, Modern Studies in European Law, Bloomsbury, 2017, 124-125.
Binns A. C., Kempf J. R., Safety and Security in Hotels and Home Sharing, Springer, USA, 2021, 3-4.
Clifton D., Hospitality Security (Managing Security in Today’s Hotel, Lodging, Entertainment, and Tourism Environment), CRC Press, London, 2012, 10-11, 179.
Cyril P., Tourists: Duty of Care, International Journal of Safety and Security in Tourism/Hospitality, Nº 17, 2017, 1,4.
Ilic D., Deri L., Stamenkovic P., Milicevic S., Service Quality as Travel Agencies Business Improvement Factor, Conference Paper, 2016, 203, 204.
Faure M., Weber F., Security Mechanisms for Insolvencies in the Package travel Sector: An Economic Analysis, Journal of Consumer Policy, 2013, 5.
Tarlow E. P., Tourism Security (Strategies for Effectively Managing Travel Risk and Safety), Elsevier, 2014, 1, 5, 6-7.
https://treasury.gov.au/sites/default/files/2019-03/R2002-001_Foreseeability.pdf.
Karl M., Muskat B., Ritchie W. B., Which Travel Risks are More Salient for Destination Choice? An Examination of the Tourist’s Decision-making Process, Journal of Destination Marketing & Management, N18, 2020, 2.
Lakerbaia, T., The Concept of the Consumer in the Case Law of the Court of Justice of the European Union, Orbeliani Journal, No. 4, 2021, 88 (in Georgian).
Lakerbaia, T., Zaalishvili, V., Zoidze, T., Law on Consumer Protection, Tbilisi, 2018, 35 (in Georgian).
Landini S., Travel and Tourism Contracts (Design of Sustainable Tourism Systems), Antezza, 2013, 41.
Manci R. A., Determining Destination Risk Perceptions, Their Effects on Satisfaction, Revisit and Recommendation Intentions: Evidence from Sanliurfa/Turkey, Journal of Multidisciplinary Academic Tourism, 7 (1), 2022, 83.
McDonald M., Revisiting Organiser Liability under the Package travel Directive (Part Two), International Travel Law Journal, 2003, 214.
Tsertsvadze, G., Dzlirishvili, Z., et al., Contract Law, Meridian, Tbilisi, 2014, 677–678.
Vashakidze, G., et al., Commentary on the Civil Code (Book III), Tbilisi, 2019, 587–589 (in Georgian).
Wasserman R., Recent Developments Travel Agency Liable to Travelers When its Failure to Confirm Reservations Ruins Vacation, Columbia Law Review, Vol. 74, N5, Jun 1974, 989.
Zoidze, T., Subjects of Consumer Protection Law, in Besarion Zoidze Jubilee Collection 70, University Press, Tbilisi, 2023, 276 (in Georgian).
Decision of the Civil Chamber of the Supreme Court of Georgia of 30 May 2022 in case № ას-910-2020.
Decision of the Supreme Court of Georgia of 22 November 2019 in case № ას-1114-2019.
Wood v TUI Travel PLC (2017).
Revill v TUI UK Limited, Sheffield County Court [2016]
Blades v Thomas Cook Tour Operations Limited, Croydon County Court [2015].
Lougheed v. On the Beach Limited [2014] EWCA 1538.
Schwartz v. Hilton Hotels Corporation [2009] 639 F. Supp. 2d 467.
Griffin v My Travel UK Ltd [2009] NIQB 98.
Clough v First Choice Holidays and Flights Ltd [2006] EWCA Civ 15.
Sharon Plino and Anthony Plinio v. Americana Aruba Beach Resort Casino [1999] 98-2745.
Josephs v. Fuller (Club Dominicus) [1982] 451 A.2d 203.
European Parliament Policy Department, Study of Safety and Liability Issues Regarding Package Travel, IP/A/IMCO/FWC/2006-058/LOT 4/C1/SC5. https://www.europarl.europa.eu/meetdocs/2004_2009/documents/dv/999/999000/999000en.pdf [15.01.2025].
World Tourism Organization, Tourist Safety and Security, Spain, 1996. https://sete.gr/files/Media/Ebook/110301_Tourist%20Safety%20and%20Security.pdf [20.11.2024].
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