AJAR.id – Hello Ajarian! An essential aspect of developing guiding skills and knowledge is the acquisition of knowledge relating to legal issues in guiding.
It is important for Tour Guides to be aware of the following key legal issues:
Duty of care
All Tour Guides are under a common law Duty of Care liability to take ‘reasonable’ care of the people they are leading/providing guiding services to. In essence, this means they must avoid causing ‘foreseeable’ harm to any tour group members. Failure to discharge this Duty of Care can result in being sued for negligence
Different types/levels of negligence exist:
- Contributory negligence
- Gross negligence
- Vicarious liability
- Comparative negligence
- The various classifications of negligence help determine the penalty if found liable.
All Tour Operators and Tour Guides are under a legal obligation to ensure their advertising complies with standard ‘fair trading’ requirements.
Advertising in this context refers to:
- Printed materials, promotional brochures or statements made about tours, Tour Guides (ability, experience, skills, and knowledge), destinations, products, services
- Verbal statement made in relation to any of the above.
The basic requirement...