The provision of travel advice to tourists and travellers: The legal implications in New Zealand

Abstract

Obtaining travel advice prior to departure is a recommended prerequisite in minimising any detrimental effects that may cause harm to unsuspecting travellers. Tourists may seek travel advice from a variety of different sources. Thus, the quality of travel advice that is obtained would vary according to the knowledge and experience of the source that provides that information. This paper examines the legal position of the providers of travel advice in relation to the information that they may give to travellers in New Zealand. The legal implications and repercussions of providing travel advice can vary according to the source of the provision and expectations of the public. With generally no legislation specifically enacted for the provision of travel advice, it is the common law, as handed down by the courts, and the civil statutes that, to a large extent, provide a possible solution to a situation of this kind. Strangely, in some instances, not providing any travel advice at all may be a viable option for certain travel providers in order to avoid severe civil penalties that may arise when doing so. Although this paper focuses mainly on the laws applicable in New Zealand, the law of contract is similar in most common law countries and thus has an international application. However, local legislation may amend or modify the common law to suit its local environment.

Key words:

• travel advice
• tourism
• common law
• statutes