21 November 2008

The standard of care for tourists

A new report in the International Travel Law Journal examines an Australian case where a Swiss tourist died on an outback adventure holiday.

The Northern Territory Supreme Court found that the tourist struck his head on a submerged obstacle in the water of a swimming hole.

He had been involved with his tour group in swinging on a rope attached to a tree on the bank of the waterhole.

While the risks of such activities should be Ã¢â¬ËœobviousÃ¢â¬â¢ to all concerned, the court found that the tour company and the Parks and Wildlife Commission both owed a duty of care to the visitor.

This duty is to take 'reasonable' care of their customers, taking into account language barriers and the fact that tourists are often in totally unfamiliar environments and participating in unfamiliar activities.

That's the joy of travel (new experiences) but it makes the customer especially reliant on others for their safety.

The Northern Territory Court of Appeal confirmed that the standard of care was one of reasonableness, drawing attention to the issue of warning signs, which should be prominently displayed and in a language that tourists can read and understand.

Of particular note in this case is the importance of adequate and detailed briefings by tour guides, especially if the tourist does not speak or understand the language of instruction very well.

Report author Dr Jeff Wilks observed that in other areas of adventure tourism Australia already has best practice in place. He points to the Queensland scuba diving industry, which has responded to comprehensive customer briefings through Workplace Health and Safety legislation.

In what is now a benchmark for the industry, non-English speaking divers receive information and advice, either in their mother tongue from an instructor or through an interpreter, or by the use of instruction sheets written in a language the diver can read and understand.

A Report by The Mole