Sustainable Tourism Law

THE PRINCIPLES OF TOURISM LAW AS A BASIS FOR SUSTAINABLE TOURISM 487 representation of the future and the present experience of that representation. To develop tourism, one must increase confidence in our own representations of the future as objects of desire. That means intensifying social communication dealing with the construct that we call Tourism. Information must be aimed at generating trust and information about others. For instance, travel agencies, consulates, friends, banks and mass media. Regarding tourism, trust must be treated very carefully, since it can very easily morph into mistrust. The law should procure a code of conduct based on clarity, truthfulness and opportunity of access to touristic information for tourists about tourism companies or about a host community. In the field of tourism contracts, this principle is essential. For instance, in the pre-contract phase, the tourism consumer must be informed of the contents of the contract clauses. Said information must be supplied in an accessible and understandable manner. Principle of freedom of transit. This is a pre-requisite for the activity. Tourism assumes movement and, therefore, it rejects anything that will restrict that action. In that sense, and in the context of our current societies, it is necessary to guarantee the freedom of transit of people to visit different countries and provinces within each country. It is expected that actions aimed at strengthening tourism flows in every direction would be encouraged, of course, hand in hand with the technological development of telecommunications and transportation, as well as the establishment of international agreements that sustain it. An example of this is the agreement on air transit between the European Union and the United States of America that seeks to establish an open skies policy. Principle of Immediacy. This principle prescribes that, in the event of a conflict during a tourist’s visit to a given destination, their expectations should not be disappointed. That is, their vacation should not be ruined due to bureaucracy, excessive regulations or other unnecessary practices. Thus, it’s been observed that tourism destinations are seeking juridical-political mechanisms that provide visitors with all the necessary facilities to fulfil their expectations. The Pro-Tourist Principle. This principle is based on hospitality, which refers to the rights of a tourist not to be treated with hostility simply for having arrived into another person’s territory. Nevertheless, is is necessary to point out that it’s not about pitting visitors against tourists. The Pro-Resident Principle. This principle originates from all host regions that, in the spirit of seeking balanced structures, have developed and encourage tourism services being provided without disturbing those who live in the host regions, and also by promoting policies granting special benefits to residents.