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THE FUTURE OF TRAVEL LAW By Dr. Jose Fosman ( President Emeritus of IFTTA) Advocate Nota

THE FUTURE OF TRAVEL LAW By Dr. Jose Fosman ( President Emeritus of IFTTA) Advocate Notary, & Registered Mediator 94, Yehuda Halevi St. Tel Aviv jofosman@zahav.net.il Portugal 10-14/10/2007. 1. THE IMPORTANCE OF TOURISM

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THE FUTURE OF TRAVEL LAW By Dr. Jose Fosman ( President Emeritus of IFTTA) Advocate Nota

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  1. THE FUTURE OF TRAVEL LAW By Dr. Jose Fosman (President Emeritus of IFTTA) Advocate Notary, & Registered Mediator 94, Yehuda Halevi St. Tel Aviv jofosman@zahav.net.il Portugal 10-14/10/2007

  2. 1. THE IMPORTANCE OF TOURISM 1.1 FAST GROWING ECONOMIC SECTOR; 35% WORLD EXPORT SERVICES 1.2 INTERNATIONAL TOURISM RECEIPTS: 735 u$s BILLION 1.3 842 MILLION INTERNATIONAL TOURIST ARRIVALS IN 2006 (IN 1999: 625 MILLION) 1.4. FORECAST 2020: 1.6. BILLION TOURIST ARRIVALS SPENDING MORE THAN u$s 2 TRILLION

  3. 2. PREPARATION OF EFFECTIVE TOOLS TO COPE WITH TOURISM 2.1 By W.T.O.: PREPARES STUDIES ON ASPECTS CONCERNING DIFERENT ASPECTS OF TOURISM: * Competitiviness of trade in Tourism Services * Electronic Tourism * Market Trends * Tourism 2020 Vision * Tourism Education Foundation * Conferences (“Pick Strategic Issues for the 21 Cent. Wasington June 1998) *Support of World Finance Institutions (World Bank, Multilateral Investment Guarantee Agency (MIGA) * I.F.T.T.A * I.B.A (Commette Y) * Conferences on International Travel and Tourism Law Nothumbria and Nova Universities * Travel Law Journal (

  4. 2 2.2. INTERNATIONAL BODIES * I.F.T.T.A 2.2 INTERNATIONAL ORGANISATIONS * IFTTA * I.B.A (Commette Y) * Conferences on International Travel and Tourism Law -Nothumbria (Newcastle-England) and Nova (Florida) Universities * Travel Law Journal 2.3 PROFESSIONAL RESPONSIBILITY OF LAWYERS,

  5. 3. THE TOURIST PRODUCT 3.1 Unique in the World Industry 3.2 Tourist Product combines different factors in different countries 3.2.1 Travel Tickets Sale: Air, Land, Rail, Maritime, Cruises, etc. 3.2.2 Accomodation: Hotel, Youth Hostels, Camping, Rooms B.B, etc. 3.3.3 Guides (International, Locals, Heritage) 3.3.4 Entertainments: (Theatres, Museums, Parks, Historic Sites, Ecological, Sites)

  6. Continuation (The Product) * 3.35. Third Parties providing Services to the Tourists: Buses, Taxis, rafting, etc. * 3.3.6 Security of the Tourist en Countries of Destination, in Hotels and vecinities, airplanes. * 3.3.7 No control of the T.A. and/or organizer of the different components of the Services in different countries, * 3.3.8 But responsible.

  7. 4) IS THE WORLD LEGAL SYSTEM CONCERNING TRAVEL PREPARE TODAY TO DEAL WITH THE TOURIST PRODUCT ? • *4.1 Different solutions for the same event in each country. • *4.2 Countries with Rigid Civil Code Principles, and countries with Anglo-Saxon Principles. • *4.3. Harmonizations (E.U.) – Directives.(?) • *4.4. Problem in Making Justice: • 4.4.1 Costs in Courts. • 4.4.2 “Etternal Traveller Syndrome • .

  8. 5) POSSIBLE PROPOSED SOLUTIONS: • TWO FUNDAMENTAL CONCEPTOS: • 5.1 “INTERNATIONAL CONVENTI”ON ON LEGAL ASPECTS OF TOURISM” • “CODE OF TOURISM” • 5.2WOLWIDE INSSURANCE

  9. “ CODE OF TOURISM” • EVERY TRAVELLER ALL OVER THE WORLD BOUND TO THE SAME LEGAL FRAMEWORK • EXAMPLES OF CONVENTION OR AIR TRANSPORT (Warsaw, Le Hague, Montreal, Guadalajara, etc.) • DIPLOMATIC CONFERENCE -Brussels 1970 on Travel Contracts (C.C.V.).-

  10. INSSURANCE • NOT THE TODAY PROFESSIONAL LIABILITY INSSURANCE. (Contractual obligation not covered, only negligence) • CREATION OF A FUND or NEGOTIATION WITH A SINDICATE OF INSSURANCE COMPANIES with the aim to get a“Tourism Comprehensive contingency Policy”covering all risks.------

  11. 1. THE WORLDWIDE INSSURANCE COMPANY orTHE FUND • OFFICES IN EVERY SINGLE COUNTRY. • ----------- • *2 CLEARENCE HOUSE FOR CLAIMS BETWEEN THE DIFFERENT COUNTRIES • INSTANT VETTING OF CLAIMS

  12. UNIFORM WORLD RULES ABOUT COMPENSATION:LIST OF SHORTCOMINGS: Landgericht Frankfort (The Frankfort List): • Swimming Pool not available or dirty: 10% to • 20% of tour price • Spoilt Meals: 20%- to 3o% • Noise during night: 10% to 40% • Delay of a Plain more than 4 hours: 5%

  13. THE FUTURE AND THE SOLUTION OF THE PROBLEMS OF TRAVEL LAW • UNIFORMITY OF LAW • 2.WORLDWIDE INSSURANCE

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