The Legal Impacts of COVID-19 in the Travel, Tourism and Hospitality Industry

363 LEGAL IMPACTS OF COVID-19 IN THE TOURISM INDUSTRY 3. PRINCIPLES OF THE ASSISTANCE TO INTERNATIONAL TOURISTS IN EMERGENCY SITUATIONS Chapter II, under the heading “Assistance to International Tourists in Emergency Situations”, lists in Section I several principles. The first one is that of the harmonisation of the policies and practices regarding the assistance to tourists in emergency situations. Accordingly, tourists should benefit from an appropriate degree of protection regardless of their country of origin, destination, race, sex, language, religion, political or other opinions. In the same way, it includes the national or social origin, possessions, birth or another status and, finally, the nationality of the tourism service provider. Balance is the second principle, aiming to find a fair and equitable ratio between desirable and achievable. The distribution of responsibilities must cover all those interested in the economic activity of tourism, namely the stakeholders and the tourists themselves, considering the former’s vulnerability, and carefully involving both countries – origin and destination – before, during and after the crisis The third principle is cooperation and coordination to assist tourists in emergencies. To achieve this goal, international cooperation and coordination between the public and private sectors and among countries and international organisations must improve and be strengthened. Responsibility is the fourth principle and unfolds into two strands: 1) public authorities and tourism service providers and 2) tourists. Concerning the public authorities and tourism service providers, they must assist tourists in emergencies, which includes providing relevant information3 honestly and timely, as well as security and safety measures, prevention of accidents, health protection and food safety. Regarding tourists, their responsibility is centred on getting informed on the characteristics of the countries they will visit, by themselves or through the instructions given by the service providers, maxime tour operators, travel agencies or hotels. Travelling always involves risk, as tourists move from their home to another place, from a territory they know to one they do not understand and which may differ significantly from their own4. The minimisation of these risks is achieved following public authorities’ health and security protocols in times of crisis and contracting adequate travel insurance. 3 Accordingly: “The content and methods of providing information should be subject to consultation with the authorities of the host countries and shall respect the privacy of individuals and be aligned with applicable privacy regulations. Such information should be strictly proportionate to the gravity of the situation and confined to the geographical areas where the emergency situation has arisen.”. 4 In such a way as to minimise those risks, particularly by following the health and security protocols established by public authorities in times of crisis and by taking out adequate travel insurance.

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