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Tourism Lawyer

Tourism Lawyer

In a nutshell, tourism law refers to either general government regulations or specific travel and hospitality industry laws. According to the United Nations’ World Tourism Organization (UNWTO), the purpose of travel legislation is to provide a regulatory framework for the proper development and management of tourism activities. Ideally, this will aid in the conservation of natural resources and the preservation of cultural traditions. As an added benefit, travel consumers and organizations receive basic legal protection. However, creating and enforcing tourism laws is notably lax around the world. Certain developing countries have not only a weak travel infrastructure, but offer zero resources or protection to non-local visitors. Understandably, popular countries also struggle to monitor and enforce laws to protect tourists because of the sheer number of visitors and unscrupulous business people who target tourists.

Tourism laws refer to a combination of state, federal and international laws that regulate various aspects and functions of the travel industry. For instance, travel law may involve anything from hospitality to employment to public health regulations. In Utah, there are a few prominent legal regulations, such as seller of travel laws. To explain, a seller of travel law means that the state requires anyone who provides travel related services to register with the government. They will be required to display their registration number on their advertising. Consequently, travel consumers in these states are guaranteed a minimum level of recourse if they are the victims of fraud or exploitation. Even though almost all other states do not have official travel regulation agencies, most states have some sort of lax financial security registrations, such as posting bonds with the government. National airline travel has become more scrutinized because of security concerns and airline companies are streamlining operations and cutting back services. Traveling by air can be a frustrating and time consuming process. However, there are basic airline passenger bill of rights laws that regulate how passengers are treated by airline companies. The most common legislation type is a statute that sets standards for unique travel situations, such as when passengers are stuck in a delayed plane or waiting in an airport for a delayed flight. Some states do not require, but ask that travel agents inform their clients of certain restrictions or public health problems. Many states expect that travel agents will share State Department travel warnings with their clients. Other states have enacted local laws and opened free tourist centers to increase incoming tourism.

There are many common travel related problems that are covered by state regulations. For starters, lost or damaged baggage is a chronic travel issue. This becomes a heated problem when the lost item is something expensive such as artwork or a family heirloom. Thus, every airline will have their own regulations, which of course tends to limit their legal and financial liabilities. Every state has their own laws regarding required consumer disclosure notices. This could involve potential risks and limitations of liability. The laws governing tourism tend to be disorganized and non-standardized. However, every Tourism Law attempts to protect travel consumers and organizations.

The Rights of Consumers in Tourism

We can say that the transactions made by served people in tourism sector get into the category of procedure of consumers which is defined as “ Every kind of agreement or legal process, including work transportation, jobbing, insurance, deputation, banking and similar agreements, established between consumers and natural or legal persons, including also legal persons of public, who act for commercial and professional purposes or on behalf of its name or its account in goods and services market.” Moreover, as tourism is similar to the trade in many aspects and since consumer is defined as natural we can conclude that tourist, which is the name we gave for the served person in tourism, can be evaluated as consumer. As a result of this, we can say that people, whom we call as tourists, also have the rights of consumers arranged elaborately in the law being talked about and they can require protection in accordance with the provisions of protection of these rights in the case of any of violations. Also, there can be composed a useful source in the way of applying to legal methods by applying to professional institutions which are composed by people that are at the position of serving in tourism sector and by taking views related to the this sector.

The Advantages

For developing countries, the advantages of tourism tend to be primarily monetary. A large scale tourism industry prevents larger, more harmful businesses from working off the land. Small tourist companies that reign on the land stops large capitalistic corporations from polluting the air or gentrifying people’s homes. The tourism industry encompasses many different travel areas, which allows the majority of a country’s population to be employed. These employment places include hotels, car rental agencies, restaurants, tour companies, souvenir shops, and equipment shops, among others. Profit earned from tourism can be reinvested into the country for better infrastructure, education, funding conservation efforts and creating more responsible ways of touring. Without tourism, many countries would not have the same level of access to education and infrastructure. Moreover, tourism allows hosts and visitors to share cultures and meet diverse groups of people. Through respectful interactions, a broader view of the world from both parties can be achieved. By reinvesting the money earned back into the country, tourism and its attractions can grow, creating a positive cycle for the country.

The Disadvantages

With the way the tourism industry is currently run, the disadvantages of tourism may greatly outweigh the advantages in a country. The first factor to take into consideration is environmental damage. When a country has a high tourist attraction, the number of people occupying a space increases immensely. As a result, the release of carbon monoxide gases can increase due to plane and car use affecting the country’s environment. Many countries with ancient ruins or natural attractions are also in danger of destruction or erosion with significant foot traffic and human interaction. Additionally, flora and fauna can decrease in areas or change their growth and migration patterns when there is an overflow of humans interacts. Foot traffic and continuous touching can also slowly degrade the stability of ancient structures.

One of the advantages breached upon the sharing of cultures. While this is a great interaction of beliefs and customs, it can become destructive to a host country’s culture. One of the ways cultures can be disrespected is through the commercialization of countries’ cultures. When tourism booms, large industries swoop in and sell figures of the cultures’ icons or traditional wear, disrespecting the countries’ indigenous beliefs and can be harmful to the people living there. Moreover, poor behavior from tourists who don’t respect the spoken or unspoken codes of conduct held by indigenous peoples also undermines the sacred beliefs held within the country. Also, for many countries, tourism is a seasonal occurrence. For people that work in the tourism industry, their jobs are only viable for a certain number of months, and after the season has ended, many are left without income. Many of these jobs also lack the benefits that other sector jobs supply. Tourism workers are often left without insurance or pension. Not to mention, foreign businesses tend to overtake the companies present in these countries, forcing small businesses to shut down. As a result, foreign businesses keep the majority of profits from tourism, while local businesses lose their income. This hurts small businesses and local economies.

As previously stated, the profit gained from tourism is often reinvested into the industry. However, with unequal infrastructure development, the tourism industry can inadvertently sustain itself without aiding a country’s other vital sectors. As such, many countries end up developing tourism hot spots while the rest of the country suffers. In these countries, there are visible socioeconomic gaps between the wealthy and the poor. Focusing mainly on the tourism industry and places of mass attraction leaves disadvantaged communities at risk of financial instability. Moreover, countries solely invested in tourism are vulnerable to quick economic falls as its working sectors are unevenly balanced. If a natural disaster, political unrest or unprecedented pandemic were to strike, the country would lose a massive income, causing an economic recession that some countries may significantly struggle to bounce back from.

The most important step to being a respectful tourist is to be an educated tourist. Understanding and respecting the culture and the people of the country is vital. By not undermining tourism countries’ culture and beliefs, the people living there will be more welcoming to tourists, and cultures can flourish without fear of commercialization. Being environmentally conscious is also important to the survival of these countries. Respecting a country’s land and structures preserve the countries’ beauty and keep the land clean and prepped for further development. Many countries are more environmentally strained, so reducing pollution or your carbon footprint in a foreign country can help ease the strain. Supporting the small and local businesses found in these countries can help keep local communities employed and support the overall economy. As local businesses grow, more people will have the opportunity to be employed outside of the tourism sector, and the economy will be able to grow within itself.

Importance of Tourism

The tourism industry is important for the benefits it brings and due to its role as a commercial activity that creates demand and growth for many more industries. Tourism not only contributes towards more economic activities but also generates more employment, revenues and plays a significant role in development.

Economic Progress

The tourism industry aids and supports foreign exchange reserves.

Source of Income

Tourism is a continual source of income for public & private income. The government charges various forms of tax that is called government revenue. The income generated through these taxes is the public income. The profit earned by a seller, by selling items like local artifacts, handicraft items, etc, to the tourists is called private income. Tourism also helps in employment generation. It created jobs specifically in the hotel industry, hospitality industry, service sector, entertainment, and transportation industry.

Development of Infrastructure

Have you ever noticed how the look and status of a place change when it is declared a tourist place? Actually, tourism aids and encourages infrastructure development by making way for dams, roads, connectivity, airport improvements, and any other activity that helps a tourist in visiting a place in a much better way!

Societal Progress

Tourism is a wonderful method for cultural exchange. It also encourages societal progress as tourists learn to show respect, tolerance, and love for each other when they visit new places.

Cultural Heritage

Tourism helps explain the beauty, art, history, and culture of our country. Different people visiting any country take beautiful cultural concepts along with them and spread those concepts to others while visiting other places in the world. Similarly, the local skills, languages, and art get wide exposure through tourism.

Educational Significance of Tourism

Tourism has been of great importance for education always. Study tours, short time courses, and educational exchange programs, all these are a part and parcel of International Tourism resulting in better knowledge about host countries. Even sports exchange programs can be considered under this.
Different Types Of Lawyers For The Most Common Legal Problems

Civil Litigation

Lawyers who routinely go to court on behalf of clients are litigators, and many specialize in areas such as personal injury, corporate, tax, etc. The general term “civil litigator” refers to an attorney who represents clients in civil (not criminal) court, either as plaintiff or defendant. The most common kinds of civil litigation involve contract disputes (i.e. alimony, injury, and debt), class action lawsuits (i.e. discrimination), property disputes and complaints filed against a government body.

Real Estate

Real estate attorneys handle purchase agreements, mortgages, title documents, and transfer documents. They represent individual buyers and sellers, developers, landlords, and tenants. Simply put, the most common scenarios to use a real estate attorney is when you buy or sell real estate.

Criminal Law

Criminal lawyers are attorneys who defend individuals and organizations against government charges in federal and state courts. Criminal lawyers understand the rules around arrest, arraignment, bail, pleas, proof, and related issues. Some of the most common crimes requiring criminal lawyers include homicide, sexual battery and assault. Criminal law software helps criminal attorneys manage their businesses.

Personal Injury

If you’ve been injured due to the negligence of another person or company, you will want to engage a personal injury lawyer. Even though personal injury attorneys usually work on a contingent fee basis (i.e., no monthly bills to prepare and send), you will find that many are using personal injury case management software to help them better manage their cases, control costs, and increase overall returns. The most common personal injury claims are from car accidents and slip and fall accidents.

Medical Malpractice

If you’ve been hurt by a medical professional, a personal injury lawyer specializing in medical malpractice can help you seek compensation for the harm done. The most common medical malpractice cases include misdiagnosis, inaccurate treatment, and medical negligence. Unpaid medical bills can lead to a medical lien being placed on the victim, which is another very common reason to hire a medical malpractice attorney.

Employment Law

Both employees and employers seek out employment lawyers to deal with legal issues related to the workplace. Some of the most common types of cases handled by employment lawyers are contracts, wrongful termination, workplace harassment, retaliation, and workplace discrimination.

Workers’ Compensation

A mix of employment law and personal injury law, if you’ve been injured on the job, you will be working with a workers’ compensation lawyer. Workers’ compensation lawyers specialize in helping workers navigate the unique laws that apply to people who have been injured on the job. A workers’ compensation lawyer typically has a large number of cases to manage, each with its own deadlines, so look for a firm using a modern cloud-based law firm management system.

Family Law

A family practice lawyer deals with legal issues related to all types of family situations. Be it a prenuptial agreement, adoption, or divorce, if you are involved in a family law matter, don’t be surprised to find your attorney help you generate accurate pleadings and documents, and communicate effectively with clients.

Immigration Law

Immigration lawyers help immigrants, and employers seeking to hire them, with legal issues related to the status of immigrants and their families. Immigration lawyers help with visas, green cards, citizenship, and asylum and refugee status. Immigration laws change constantly, so it’s important to consult an experienced attorney in these situations. Case management software for immigration lawyers tracks the dates and deadlines for each of their many files and keeps all of their contacts in one place.

Estate Planning

If you need a will, advanced medical directives, or thoughtful planning about how your assets will be handled when you pass away, you will be working with an estate planning lawyer. Estate planning includes tax aspects for wealthier individuals, but is mainly driven by state law, so be sure to look for a firm that is local. Estate planning lawyers are in demand now, so plan ahead if you are able.

Intellectual Property

Intellectual property attorneys (“IP attorneys”) help companies, artists, and inventors with legal issues concerning copyrights, trademarks, patents, trade secrets and the like. IP attorneys spend a lot of time working with clients to help them avoid infringing upon the rights of others and making sure that their intellectual property is properly protected under the law.

Corporate Law

Corporate lawyers handle business entity formation, governance and compliance issues. Corporate lawyers also review contracts and give advice related to mergers, acquisitions, and divestitures, financing, and securities laws.

Tax Law

If you owe taxes or if you’re being sued by the Internal Revenue Service or a state or local tax agency, a tax lawyer will help you resolve the issues. Future tax planning, tax fraud, tax evasion, and failure to file tax returns are all issues that an experienced tax attorney can tackle.

Bankruptcy Law

If you’ve experienced financial setbacks and are unable to pay your debts, a bankruptcy lawyer can help you get debt relief in the form of a repayment plan or a discharge of your debts via bankruptcy. Some of the most common reasons a person seeks out a bankruptcy lawyer are for medical debt, mortgage foreclosure, and credit card debt.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506
Ascent Law LLC
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About the Author

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.