Duties and Liabilities of Space Tourist Operators

Paper number

IAC-07-E6.2.11

Author

Ms. Zeldine Niamh O'Brien, Ireland

Year

2007

Abstract

Retailers and organisers of space tour package, such as space adventures will soon see a growth in the market. There may be certain obligations imposed upon them under European Union law that regulates some of their duties and their exposure to liability. Primarily, their duties relate to the provision of information. For instance under the EC Package Holidays Council Directive 90/314/EEC on package travel, package holidays and package tour organisers and retailers of packages have an obligation to provide correct information regarding the package, such as the price and the itinerary as well as the visa and passport requirements. A package holiday is defined as the pre-arranged combination of two or more of the following: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package, when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation. Tailor-made packages to consumer’s specifications are protected. The Directive could possibly apply to a space tourism contract when combined with an additional preparation stay and travel to its location as it applies regardless of the location provided the package is sold within a member state. In such a case, the terms of the contract must be comprehensible and accessible. Organisers of packages are liable for failure to perform the contract save where there is an applicable exception. If the organiser is compelled to cancel or to make a significant alteration to the package, the consumer should be offered a choice of a replacement

The directive does allow some reasonable limitation in the case of damage other than personal injury resulting from the non-performance or improper performance of the services involved in the package, provided it is not unreasonable. It allows for compensation in cases of non-material damage (such as feelings of dissatisfaction and disappointment) as of a right for the non-performance or improper performance of the contract for the package travel, tour or holiday. This paper examines the scope of such duties of those companies that sell space tourism packages and the liability to which they may be exposed.

Abstract document

IAC-07-E6.2.11.pdf

Manuscript document

IAC-07-E6.2.11.pdf (🔒 authorized access only).

To get the manuscript, please contact IAF Secretariat.