Sustainable Tourism Law

110 SUSTAINABLE TOURISM LAW the second one seems particularly disturbing: acts which are considered “criminal” in one part of the world may be a natural part of civil liberty in another. It is therefore questionable whether the Convention would require the country sending the tourist to enforce criminal laws of a tourist receiving country, even if these laws are in clear contradiction to the public policy (ordre public) of the sending country. As an example: Austria has recently introduced a ban on full-face veil in public areas 25 . Would an Islamic country which has ratified the Convention be obliged to enforce this law against its own citizens if they have failed to comply as tourists? Or would a European country be obliged to enforce laws of non-democratic states which are incompatible with the freedom of expression? The convention doesn‘t give any clear answer to these questions, as it only states that tourists should not commit any act considered criminal by the laws of the country visited. The wording, however, gives the impression that with regard to the issue of whether a certain act is to be considered a criminal act, the laws and interpretation of the visited country shall be decisive. Anyway, when the Convention stipulates that tourists have the responsibility to acquaint themselves, even before their departure, with the characteristics of the countries they are preparing to visit 26 , it can provide a useful tool to create a balance between tourist protection on the one hand and the rights of service providers and local residents on the other. This provision can be regarded as a counterbalance to the numerous information obligations imposed on tour organisers and service providers 27 . If we remember the provisions of Directive 2015/2302/EU, according to which the organiser shall grant price reduction for any lack of conformity, unless it is attributable to the traveller 28 and shall be liable for any damage which the traveller sustains as a result of any lack of conformity, unless it is attributable to the traveller 29 , any failure of the traveller to acquaint himself with the characteristics of the country to be visited could mean that a lack of conformity could become attributable to the traveller if the failure caused the lack of conformity. Thus, the quoted provision in Article 4 of the Convention could serve as a limitation of the responsibility and liability of the organiser by introducing an explicit element of self-responsibility on behalf of the traveller. 25 Anti-Gesichtsverhüllungsgesetz BGBl I Nr. 68/2017. 26 Article 4 paragraph (6). 27 See 3.1) and 4.4) above. 28 Article 14 paragraph (1) of Directive 2015/2302/EU. 29 Article 14 paragraph (2) of Directive 2015/2302/EU.