INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW may continue to face significant obstacles with respect to access to justice when a dispute arises between the tourist / visitor and the provider of a good or service.3 Some of the barriers faced by tourists and visitors in accessing justice may include: (1) limited ability to access legal aid, (2) costs associated with initiating court proceedings or securing a judgment, (3) a lack of information on the rights of tourists and the remedies available to them, (4) the requirement of physical presence to initiate, participate in, or conclude judicial or ADR procedures, (5) the absence of small claims courts or procedures that are suitable to international tourist disputes, (6) specificity of administrative or governmental bodies which facilitate the resolution of international tourist disputes, and (7) the limited cooperation mechanisms between national consumer protection bodies. In order to overcome the identified barriers, over the last decade significant work has been within the Hague Conference on Private International Law to facilitate access to justice for international tourists. However, the Experts’ Group on the Tourists and Visitors (ODR) Project at its third meeting (held virtually from 5 to 9 October 2020) did not reach a conclusive consensus on “the necessity, desirability, and feasibility of developing a hard law / soft law instrument on matters relating to online dispute resolution” of claims by international tourists and visitors.4 It did, however, conclude that the development of a “Guide” may provide useful assistance to tourists and visitors in pursuing such claims.5 At its meeting in 2021, and in response to a recommendation from the Experts’ Group on Tourists and Visitors (Online Dispute Resolution), Council on General Affairs and Policy (CGAP) mandated the Permanent Bureau (PB) to develop a Practical Guide to Access to Justice for International Tourists and Visitors (“Guide”). At its 2022 meeting CGAP approved the Guide, subject to editorial amendments, for publication on the HCCH website. As part of the Tourism Project, Sievi’s report identified online dispute resolution (ODR) and Legal Tech6 as the two principles with the biggest 3 Annex I, p. 4 of CGAP Prel. Doc. No. 1 REV of December 2021. 4 Experts from Argentina, Brazil, Canada, Chile, the People’s Republic of China, Costa Rica, Ecuador, the European Union, France, Greece, Mexico, Serbia, South Africa, Switzerland, the United Kingdom, the United States of America and Venezuela participated, with the International Association of Consumer Law, the International Forum of Travel and Tourism Advocates, the Leisure Industries Section of the International Bar Association and the United Nations Commission on International Trade Law (UNCITRAL) participating as observers. 5 See: Aide Memoire of the third meeting of the Experts’ Group on the Tourists and Visitors (ODR) Project, prepared by the Chair of the Experts’ Group The Hague / Online 5 to 9 October 2020. 6 The term Legal Tech can be defined as use of technology and software with a goal to provide legal services more efficiently. See: Sievi, N., Legal Tech and Resolution of Tourists’ Claims, Third Meeting of the Experts’ Group on the Tourists and Visitors (ODR) Project, 5-9 October 2020.
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