[Tour operator liability in health protection for not informing travellers about health risks they could be exposed].
Consumer-tourist is considered the weaker bargaining party in an "all included" travel contract, compared with tour organizer and tour vendor. That's why Statute Act protecting consumer's rights provides a specific discipline concerning this particular sector In front of widening of warrants for travellers, obligations for organizer and seller of the travel have been increased, and include now specific duty to inform travellers as well. According to the law such duties of information are consistent with travel contract performance itself. In such way, failing to inform client constitutes a breach of contract liable not only in the field of civil responsibility; the subject liable with such an omission may face criminal prosecution as well. More specifically we are in front of a breach of contract by the tour organizer who will respond of all damages concerned with such a breach. Damages will concern not only the price of the travel package, but also other damages connected with the illness suffered by traveller: compensation for spoiled holidays, biological damages, patrimonial damages (these last ones could include for instance expenses for medical treatments, just to quote the more likely one). In other words, tour organizer has to grant general organization of the tour which has to take place as specified on travel brochure, but traveller have to be provided also with any information, concerning documents necessary for the travel, whether passport or visa are needed or not, vaccinations peremptory or optional. It will be very difficult for tour operator be exempted from liability for damages if traveller hasn't been informed of health risks; the only possibility consists in managing to demonstrate that the obligation hasn't been compelled due to reason for which the operator couldn't be held responsible. Besides as we have already mentioned before, criminal relevance of such omission of information couldn't be excluded. In fact, it's true that such omission, notwithstanding its preventive nature, needs a specific statute provision to be criminally sanctioned. Anyhow a criminal court can consider such omission in a more articulated landscape, as one of highly symptomatic elements in a criminal behaviour within criminal offence of injuries, consumed or attempted, that could be performed through further actions or omissions.
Macrì
P G
PG
U.O. di Medicina Legale, USL 8, Arezzo. pgmacri@tin.it
D003141:Communicable Diseases / Q000453:epidemiology*; D003142:Communication; D006262:Health; D006693:Holidays; D006801:Humans; D016365:Liability, Legal; D012307:Risk Factors; D014195:Travel