Departures: Matter of life and death

Friday 16 April 1993 18:02 EDT
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

CAN A tour operator be held responsible if a tourist accidentally strays into a dangerous area and is murdered? The killing of a German tourist near Miami two weeks ago and a British tourist in New Orleans this week raises important questions for tour operators.

Under the EC Directive on Package Travel, which came into force in Britain at the beginning of the year, organisers of inclusive holidays have a legal duty to ensure the safety of their travellers. How far this duty of care extends is not clear.

Historically, British tour operators have been quick to pass the buck for problems encountered abroad. An accident involving a transfer bus from the airport will be laid at the door of a coach company; an injury caused by a glass door will be held to be the responsibility of the hotel company. British holidaymakers keen to pursue their grievances had no alternative to the complex - and expensive - business of pursuing a case in a foreign court. Now, thanks to the EC Directive, the tour operator assumes responsibility for all elements of the holiday and travellers can sue a British tour operator in Britain.

Operators of activity holidays such as white-water rafting trips seemed to face the worst risks. Without adequate insurance - and the London insurance market is reluctant to expose itself to even modest risks - this sort of specialist holiday company had an uncertain future. But now it may not be such companies that face huge legal claims for loss of life, but those offering ordinary packages. So far this year, the tourists most at risk have been visitors to India, Egypt and - most dangerous of all - the United States.

If an operator fails to warn a client not to venture into a dangerous suburb of a US city, for example, and that client is murdered through this ignorance, can that operator be considered negligent under the EC Directive? This will probably have to be tested in the courts. Meanwhile, we can expect holiday companies to take more initiative in advising customers. Those that fail to issue clients with maps of no-go areas in New Orleans, Miami and other dangerous US cities can be deemed to be morally negligent if not (yet) legally reckless.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in