Chapter § 1.02 THE NATURE OF TRAVEL LAW

• Jurisdiction: United States
• Publication year: 2021

§ 1.02 The Nature of Travel Law

Travel law involves the liability oF. Suppliers and sellers of travel services for a failure to deliver travel services promised and contracted for, or which can reasonably be expected by the traveling public. Tens of millions of Americans travel every year and a significant number of these travelers sustain injuries because of a failure oF. Suppliers and sellers to deliver as promised and contracted for.

Common travel problems occur within the context of a breach of contract, negligence, fraud and illegality. The travel industry is to a large extent unregulated, unlicensed and often operates under the principal of caveat emptor.

[1] The Scope of Travel Law

The field of Travel Law is extensive, indeed, and explores the traveler's rights and remedies for every conceivable problem incurred during a vacation or business trip. Travel Law addresses the liability and damages issues arising from the breach of contract, fraud, breach of fiduciary duty, negligence, deceptive business practices, torts, accidents and violations of federal and state statutes and regulations committed by every entity involved in the marketing and distribution of travel services to the general public.

Travel Law also examines such procedural subjects as jurisdiction,⁴⁸ changing forums though the use of forum selection clauses,⁴⁹ mandatory arbitration clauses,⁵⁰ transfers⁵¹ and applying the doctrine of forum non conveniens,⁵² and choosing the appropriate law for issue resolution whether through the enforcement of choice of law clauses⁵³ or the application of state choice of law rules⁵⁴ and the use of federal and state class action procedures to aggregate similar traveler complaints.⁵⁵

Travel Law, as a recognized field of law, has grown dramatically over the last ten years. There are now law schools in the U.S.,⁵⁶ Great Britain⁵⁷ and Australia,⁵⁸ among other countries, that teach Travel Law. There are books,⁵⁹ legal treatises,⁶⁰ journals⁶¹ and Internet websites⁶² that discuss Travel Law. Also, there are international Travel Law bar associations.⁶³

[2] Common Travel Problems Involving Carriers

(1) Physical injuries. ⁶⁴

(2) Delays and cancellations. ⁶⁵

(3) Overbooking. ⁶⁶

(4) Discrimination. ⁶⁷

(5) Failure to provide adequate security. ⁶⁸

(6) Failure to accommodate impaired passengers. ⁶⁹

(7) Discomfort. ⁷⁰

(8) Lost, damaged or destroyed baggage. ⁷¹

(9) Misleading advertising and deceptive business practices. ⁷²

(10) Violation of antitrust laws. ⁷³

[3] Common Travel Problems Involving Hotels and Resorts

(1) Physical injuries. ⁷⁴

(2) Overbooking. ⁷⁵

(3) Misrepresentations. ⁷⁶

(4) Hotel overcharges. ⁷⁷

(5) Currency conversions. ⁷⁸

(6) Failure to provide adequate security. ⁷⁹

(7) Lost, damaged or stolen baggage. ⁸⁰

(8) Discrimination. ⁸¹

[4] Common Travel Problems Involving Tour Operators, Travel Agents and Internet Travel Sellers

(1) Failure to provide security. ⁸²

(2) False advertising and deceptive business practices. ⁸³

(3) Physical injuries. ⁸⁴

(4) Inadequate hotel accomodations. ⁸⁵

(5) Failure to make and confirm reservations (travel agents). ⁸⁶

(6) Failure to warn of hazardous conditions and financial instability of suppliers and tour operators. ⁸⁷

(7) Failure to deliver travel services. ⁸⁸

Notes:

^[48] See § 1.03[1] infra.

^[49] See § 1.03[2][a] infra.

^[50] See § 1.03[2][b] infra.

^[51] See § 1.03[2][c] infra.

^[52] See § 1.03[2][d] infra.

^[53] See § 1.03[3][c], [d], [g], [h] infra.

^[54] See § 1.03[3][a] infra.

^[55] See Chapter 6 infra.

^[56] Shepard Broad Law Center, Nova Southeastern University, Fort Lauderdale, Florida [www.nsulaw.nova.edu] (last visited Dec. 17, 2008).

^[57] Travel Law Center, University of Northumbria at Newcastle Upon Tyne, United Kingdom.

^[58] Center for Tourism and Hospitality Studies, School of Law, Bond University, Gold Coast, Queensland, Australia.

^[59] Wilkes, Beach Safety and the Law: Australian Evidence (2008); Grant & Mason, Holiday Law, 4th ed. (2007); Tonner, Der Reisevertrag, 5th ed. (2007); Donnes & Paton, Travel and Tourism Law in the UK, 4th ed. (2006); McDonald, European Community...