We all enjoy some time off whether it be a short break with a cup of coffee at the local cafe or travelling within Australia or overseas. The tourism and hospitality industry provides us with opportunities to enjoy these experiences. Tourism and hospitality providers must meet certain standards set by the government to ensure that all our experiences are as enjoyable and safe as reasonably possible. There are also mechanisms in place to ensure that if things do go wrong there are remedies (solutions) available for customers.

Federal and state governments have developed strong legislative and regulatory programs to ensure that consumers are protected when they purchase a holiday or pay for services from the tourism industry. The regulations also ensure that the industry operates at a high standard so that customers are well cared for and receive what they were promised. Strict regulations provide operators with clear guidelines under which they can run their business. Similarly hospitality providers are also highly regulated to ensure that food and alcohol are served safely and responsibly and that people receive the service they expect.

Even a well organised holiday can go wrong. You might lose your luggage, experience flight delays or arrive at your hotel only to find that it is not quite what you expected. In these instances you may be able to recover some of your money from the tourism provider for example the hotel, the travel agent or the airline.

This area of law involves a lot of contract issues. Whether you are able to recover money from the tourism provider will usually depend on the terms and conditions of the contract. Contracts are not always formed by the traditional manner of signing a dotted line on paper. You may have entered into a contract by booking online and accepting the terms and conditions offered by the tourism provider.

Tourism law can be complicated when it involves companies that are not based in Australia. For example you may want to make a claim against a hotel in Italy that is owned by an Italian company. This creates complications as to which laws apply. It can also be difficult to communicate with the hotel once you are back in Australia. Experienced tourism and hospitality lawyers can help you navigate these types of difficulties.

This Legal Guide on Tourism & Hospitality Law provides individuals with general information about the relevant laws in the tourism and hospitality industries. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

Please select from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.