Course Description: The tourism and hospitality industry operates within a comprehensive domestic, and international, legal and regulatory framework. This course examines this framework and covers the key principles of law applicable to hospitality, tourism and related industries. Various legislation on business organization and several international law issues such as consumer protection, product and service liability, employment and law access to the natural environment will be covered. This course also examines the law regulating the issuance of visa and travel documentation, and considers the liability of the operators, agents, carriers and government instrumentalities in relation to health and safety issues.
Course Outcomes: Upon completing the “Legal Aspects in Tourism and Hospitality” course, students will be able to:
- Analyze Legal Frameworks: Understand and analyze the comprehensive domestic and international legal and regulatory frameworks governing the tourism and hospitality industry.
- Apply Legal Principles: Apply key principles of law to various aspects of the hospitality and tourism industries, including consumer protection, product and service liability, employment, and environmental law.
- Evaluate Business Legislation: Evaluate the impact of various business organization legislations on the operation of tourism and hospitality businesses.
- Interpret International Law Issues: Interpret international law issues related to consumer protection, product and service liability, employment, and access to the natural environment.
- Regulate Travel and Hospitality Activities: Understand and implement national and international regulations of the travel and hospitality industry, including consumer contracts law and the law of carriers and inns.
- Assess Legal Responsibilities: Assess the legal duties and responsibilities of travel operators, agents, carriers, and tour operators.
- Manage Travel Insurance and Bailment: Apply the laws of travel insurance and bailment in practical scenarios within the tourism and hospitality sector.
- Navigate Hotel and Licensing Laws: Navigate and comply with hotel management law, liquor licensing law, catering law, and gaming law.
- Address Consumer Issues: Address and resolve consumer rights and complaints within the legal framework of the tourism and hospitality industry.
- Regulate Financial Transactions: Understand and regulate payments, including international credit card payments, and manage the finance of carriers and inns.
- Mitigate Legal Liabilities: Identify and mitigate criminal and civil liabilities of individuals working in the travel and tourism industry.
- Handle Visa and Documentation Laws: Interpret and apply the laws regulating the issuance of visas and travel documentation.
- Ensure Health and Safety Compliance: Ensure compliance with health and safety regulations and address liability issues of operators, agents, carriers, and government instrumentalities, including managing risks related to acts of terrorism.
15 Course Topics Available
[1] Introduction to Law on Tourism and Hospitality
The tourism and hospitality industries are integral parts of the global economy, with significant contributions to employment, revenue generation, and cultural exchange. However, like any other industry, tourism and hospitality are governed by a complex set of laws and regulations aimed at ensuring the safety, fairness, and sustainability of operations.
[2] Definition and Characteristics of Law
In the Philippine context, law holds a significant position as it governs not only personal conduct but also business transactions, including those in the tourism and hospitality industries. To comprehensively understand the law’s function, we must first delve into its general definition, characteristics, and relevance within the Filipino legal system, while also situating the discussion within a broader global legal framework when necessary.
[3] Constitution, Treaties, and Jurisprudence
In understanding the legal system governing the Philippines, particularly in sectors such as tourism and hospitality, it is crucial to examine three fundamental sources of law: the Constitution, treaties, and jurisprudence.
[4] Kinds of Laws
The legal system in the Philippines is composed of various kinds of laws that regulate the conduct of individuals, organizations, and government institutions. These laws are designed to create order, protect rights, and promote the general welfare of society.
[5] Tourism and Hospitality Laws, Customs, Traditions, and Cultural Impact
The tourism and hospitality industries in the Philippines are vital sectors that contribute significantly to the nation’s economy. The regulatory framework that governs these industries, combined with the unique customs and traditions of the country, shapes the way tourism is developed and promoted.
[6] National Territory and Inherent Powers of Government
The legal framework of the Philippines is founded on the 1987 Constitution, which provides the guiding principles for governance, the protection of civil liberties, and the regulation of the national economy.
[7] Tourism and Hospitality as a Trade
Tourism and hospitality are significant contributors to the economy of the Philippines, representing a vital sector that generates income, employment, and foreign exchange earnings. The business landscape in this industry is shaped by the different forms of business organizations, which determine how companies operate, their legal obligations, and their financial structures.
[8] Partnerships and Corporations
In the Philippines, a partnership is governed by Articles 1767 to 1867 of the Civil Code of the Philippines. A partnership is formed when two or more persons agree to contribute money, property, or industry into a common fund with the intention of dividing profits among themselves.
[9] Contracts and Obligations in Tourism and Hospitality
In the tourism and hospitality industries, contracts and obligations play a fundamental role in structuring business transactions, defining relationships between service providers and customers, and ensuring accountability.
[10] Employment and Labor Law Concepts
Employment and labor laws in the Philippines are primarily designed to protect the rights and welfare of workers, ensure fair treatment in the workplace, and provide a legal framework for resolving labor disputes.
[11] Transportation
Transportation refers to the movement of people, goods, or services from one location to another by various means. It is a vital component of the tourism and hospitality industries, facilitating the movement of tourists between destinations and providing essential logistical support for travel services.
[12] Government Agencies Related to Transportation
The transportation sector in the Philippines is regulated by several government agencies that ensure the safety, reliability, and efficiency of transport services for both passengers and goods.
[13] Concept and Purpose of Tort Law
Tort law, also known as delict in civil law jurisdictions or quasi-delict under the Civil Code of the Philippines, governs civil wrongs that cause harm or loss to individuals, property, or interests.
[14] Doctrines in Negligence Cases
In negligence cases, various legal doctrines have been developed to determine liability and apportion responsibility between the parties. These doctrines are critical in deciding whether a party has acted negligently and to what extent they should be held liable for damages.
[15] Establishing a Tourism Establishment in the Philippines
The tourism industry in the Philippines is a thriving sector that offers excellent opportunities for entrepreneurs and investors. Setting up a tourism-related business, such as a hotel, resort, travel agency, restaurant, or tour operator, can be a lucrative venture, especially given the country’s popularity as a travel destination.