International Code for the Protection of Tourists
As a fundamental frame of reference for the recovery of tourism in post COVID-19 era, the International Code for the Protection of Tourists (ICPT) provides a set of minimum international standards for the protection of tourists in emergency situations and consumer rights of tourists.
Addressed to governments, public and private stakeholders and tourists themselves, the ICPT aims at restoring consumers’ confidence and making the travel environment more attractive by creating a feeling of safety for tourists/travelers and improving the contractual relationships between providers and recipients of the various tourism services.
Adopted by resolution 732 (XXIV) of the General Assembly of the World Tourism Organization (UNWTO), the ICPT provides practical guidance as to policy, legislation and regulatory practices for all those, in the public and private sector, who have obligations, responsibilities, duties and rights regarding the matters dealt with therein.
"We can only restart tourism if we restore trust in travel. People want to feel safe and looked after when they travel. "
Zurab Pololikashvili, UNWTO Secretary-General
The COVID-19 crisis has revealed the absence of an international legal framework to assist international tourists in emergency situations and a lack of uniformity at the international level regarding tourism consumer protection rights.
During the crisis, the closure of borders with little or no notice left hundreds of thousands of tourists stranded abroad, with millions of flights being cancelled and the situation soon deteriorating. Many of these travellers were left in a foreign environment without assistance, including safety and security, health services and consular assistance, and sometimes without sufficient resources to meet their basic needs, such as food and shelter. The lack of clarity regarding one another’s obligations, duties, and responsibilities to provide care and assistance in emergency situations created great uncertainty around tourists’ rights, impacting negatively on the confidence of tourists in international travel.
This experience has highlighted significant failings in the current legal and regulatory frameworks, and the existing disparities regarding the consumer rights of tourists from country to country. Moreover, the introduction of measures such as vouchers and the boom of new digital tourism services without a clear, transparent, and harmonized framework, along with the sharp increase of litigation in travel and tourism disputes, present additional challenges for restoring consumers’ confidence.
In order to support the recovery of the tourism sector, the ICPT was created with a view to restoring tourist confidence by developing and harmonizing minimum international standards, and providing sufficient guarantees for the protection of international tourists in the post COVID-19 world.
The ICPT comprises five chapters relating respectively and including recommendations on:
CHAPTER ONE: Definitions and Clarifications
CHAPTER ONE comprises an open and non-exhaustive list of definitions applicable throughout the ICPT, as well as a set of clarifications on terms and conditions therein contained.
CHAPTER TWO looks at the development of minimum international standards for the protection of tourists in emergency situations. It provides guidance to States on prevention of emergencies, information, assistance and repatriation of international tourists in emergency situations including but not limited to pandemics.
CHAPTER THREE: Tourists’ Protection in Contracts
CHAPTER THREE aims at the development and harmonization of minimum international standards for the protection of tourists as consumers, with a focus on the contractual protection and consumer rights of tourists, in both emergency and non-emergency situations. Moreover, it includes a set of principles for the protection of tourists in the online tourism environment in relation to the new digital tourism services, with a view to ensuring a safe approach and use of online tourism platforms and prevention of any abuse thereof.
CHAPTER FOUR: International Settlement of Travel and Tourism Disputes via Alternative Means of Dispute Resolution
CHAPTER FOUR focuses on alternative means for the resolution of travel and tourism disputes at the international level, in order to avoid the massive increase of litigation resulting from the crisis of the tourism sector and to provide tourists with flexible and efficient mechanisms for the amicable resolution such disputes, in an expeditious and fair manner and without discrimination of any kind.
CHAPTER FIVE: Mechanisms for Adherence to and the Application of the Recommendations of the International Code for the Protection of Tourists
CHAPTER FIVE details the modalities for the voluntary adherence to the ICPT by States and for monitoring the application of its principles and recommendations within the countries. It aims to provide clarity to parties regarding the nature of the ICPT and its relationship with national laws and international agreements, and to review the role of UNWTO and proposed technical Committee for the monitoring the application, evaluation and interpretation of the ICPT.
Adherance to the ICPT
Although the ICPT is a voluntary instrument of a non-legally binding nature, it features a set of mechanisms for adherence to ICPT by States, for monitoring and reporting on its application within their countries, as well as for the evaluation and interpretation of its principles and recommendations.
In accordance with its Chapter Five, States are required to adhere to the ICPT fully or partially and to express their willingness to apply its principles and recommendations within their country through a formal notification to the Secretary-General of the UNWTO.Adherence process and subsequent steps
The ICPT addresses private tourism stakeholders directly and encourages them to uphold and promote the principles of the ICPT. In particular, tourism service providers are encouraged to commit to the ICPT, uphold its principles and apply its relevant recommendations, so far as possible, by integrating them or make specific reference to them in their contractual instruments signed with tourists. Applying ICPT recommendations will contribute to increasing tourists trust and confidence when booking a trip or tourism service.Private sector and the ICPT
Background of the ICPT
The ICPT was called for in a decision of the UNWTO Executive Council, meeting in Tbilisi, Georgia, in 2020. In less than a year, the Committee for the development of an International Code for the Protection of Tourists (‘ICPT Committee’) was established and a draft proposal for the ICPT was developed, in consultation with a group of independent experts and a number of observers from a diverse range of public and private stakeholders, and submitted to the UNWTO General Assembly, who adopted it by consensus at its 24th session held in Madrid, Spain, in December 2021.
In its resolution 732(XXIV), the General Assembly calls upon the Member States of both UNWTO and the United Nations to adhere to the Code, and invites them to inform the Secretary-General in respect of their intention to adhere thereto and subsequently of any specific activities undertaken in this respect.ICPT Committee
*Kindly note that this is not a complaint box, please do not address costumer complaints to the ICPT Secretariat.