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By New York Justice Thomas A. Dickerson,
July 17, 2013
WHAT TO EXPECT LEGALLY WHEN TRAVELING TO
FOREIGN DESTINATIONS
EIGHT LEGAL TIPS WHEN TRAVELING ABROAD
Going on vacation this summer? Here are a eight
suggestions that may help you avoid a nightmare to
remember.
FIRST: Determine the incidence of criminal
activity,terrorism and, yes, pirates at your selected
destination and avoid all three.
SECOND: Read the fine print in the brochures and travel
contracts that you enter into and act accordingly.
Typically, this will mean determining the risks
involved, responsibilities disclaimed and the need to
obtain appropriate insurance.
Contractual clauses seeking to disclaim liability for
the torts of independent contractors are nothing new and
unless prohibited by statute are, typically, enforced.
On occasion the courts may find liability shifting
warranties of safety and assumptions of duties in
brochure language. Recently, however, there has been an
explosion of new travel contract clauses, e.g.,
requiring mandatory arbitration of disputes, allowing
the filing of lawsuits in a selected and distant forum,
applying foreign law, and seeking to limit recoverable
damages.
THIRD: Be very selective in the local sports activities
(e.g., zip-lining, para-sailing, snorkeling and scuba
diving) you participate in during cruise shore
excursions or at foreign resorts. Typically, these
services are provided by foreign companies not subject
to the jurisdiction of U.S. courts,and which may be
uninsured, unlicensed, insolvent,irresponsible and,
worst of all, the cruise line or resort that recommends
the local service provider and earns a commission doing
so, may disclaim all liability for any injuries you
sustain.
FOURTH: If you cruise, do so on a cruise ship that
touches a U.S. port since you are protected by U.S.
Maritime Law1 which, inter alia, requires that each
cruiseship/cruiseline be subject to The Center For
Disease Control (CDC) sanitation inspections11 and must
report to the FBI any incident involving "homicide,
suspicious death…kidnaping, assault with serious injury
(rapes)" and shall also "furnish a written report of the
incident to an Internet-based portal maintained by" the
U.S. Coast Guard and accessible to consumers. For those
who cruise elsewhere, such as those
unhappy folks who sailed on the Costa Concordia early
last year, your rights and remedies may be governed by
the Athens Convention or by foreign substantive and
procedural law, not nearly as accommodating as that of
the United States.
FIRTH: Avoid flying on foreign air carriers,
intra-country, since you may not be protected by the
Montreal Convention1and your recoverable damages, if
any, may be very modest, indeed. In addition, many
foreign air carriers are on the European Union's
"Blacklist" which you should consult before you book.
SIX: If you sustain a serious injury, avoid using the
medical facilities on cruise ships (which have
consistently avoided liability for the malpractice of
the ship's doctor). In addition, a cruise ship may
involuntarily disembark you and transport you to a local
medical facility with an uncertain outcome. Travelers
may assume that when they travel abroad they are
protected by the same safety standards and medical care
available in the United States. The reality, however, is
quite the opposite.
In many foreign countries the safety standards may be
much lower; e.g., the plate glass in a Greek hotel lobby
may be very thin; the windows in a Russian hotel may be
less secure; a gas stove in a hotel may explode.
The quality of medical care may be much lower; e.g., a
diabetic tourist may be misdiagnosed at the hotel and in
a local hospital; a hotel guest may die from a heart
attack because of a delay in calling for medical
assistance. Best bet, use your evacuation insurance, get
on a plane and fly home to the United States as fast as
you can.
SEVENTH: Think very carefully about entrusting your
children to the day care centers of foreign resorts or
hotels. In Flanagan v. Wyndham International,27 guests
entrusted their child to the "Kids Klub day-care program
at the Wyndham Sugar Bay Resort in St. Thomas" only to
have her molested by an employee later convicted of
sexual molestation. Taking your mother-in-law or another
family member with you to watch after your children may
be the best approach.
EIGHTH: Travelers need to behave in accordance with the
laws and customs of the destination country. For
example, "In Singapore, which places a high value on
order, prostitution is legal but careless disposal of
chewing gum can invoke fines up to $500. Jaywalking and
spitting result in similar fines.
On the bright side, Singapore saves canings for more
serious offenses, such as vandalism.
Sensitivity to another country's values is important, as
Raffi Nernekian, a Lebanese tourist visiting the United
Arab Emirates learned when he was arrested for wearing a
skin cancer awareness T-shirt depicting Posh Spice in
her birthday suit. Nernekian spent a month in jail. And
Ireland, the land of creative invective, just passed a
blasphemy law making it a 25,000-euro ($37,000) offense
to say or print anything 'grossly abusive or insulting'
about any subject held sacred by any religion."
By Anouk Ziljma
Finding out what vaccinations
and immunizations you need before you travel to Africa is an
important part of planning your trip. This article will help you
find out what shots you need to get, where to get them, and
which ones come highly recommended so you can stay healthy when
you visit Africa.
Planning Your
Vaccination Schedule
Some vaccinations, like that for Rabies,
come in a series and you need to plan at least a few months
ahead of your departure to fit them all in. Your regular doctor
probably won't be able to give you all the vaccinations you
need, so you should contact the nearest travel clinic for an
appointment. Click for Travel
Clinics in the UK; Travel
Clinics in the US; Travel
Clinics in Canada.
Finding Out Which Vaccinations You Need
The health situation in most African countries requires visitors
to be up to date with all common childhood vaccines. This
includes Hepatitis
B, diphtheria, tetanus, measles, mumps, rubella and polio.
If you are traveling with children, make sure they have had all
their shots. You may also need to get boosters for tetanus,
diphtheria and measles if you haven't had those in a while.
The following vaccinations are also highly recommended for
travel to every African country:
-
Hepatitis A
-
Meningococcal meningitis
-
Rabies
-
Typhoid
Recommended Vaccinations/Immunizations per Country
Some African countries have actual entry requirements and won't
let you in unless you have proof you've been vaccinated against
a specific disease. The most common is yellow
fever. Often, you need this only if you have traveled from a
country where yellow fever is prevalent, so for those of you overlanding,
it's wise to get the shot before you go.
Here's a
list of countries where yellow fever immunization is an
entry requirement. Double check with the embassy of
the country you are traveling to for the latest information.
Proof of immunization against cholera used
to be a entry requirement for a lot countries but is no longer
so. Many doctors agree the vaccine is actually quite useless.
Countries in Africa also differ as to which diseases are
prevalent and you have to adjust your vaccinations according to
your specific destination. While everyone should get the
recommended shots listed above, to find out what you need to
get per country see this health
and travel web sitefor recommendations. Just click on the
country you are visiting for a list of the vaccinations you
should get.
More Health Tips for Travelers to Africa
Diseases to Be Aware of When Traveling in Africa
More Diseases to Be Aware of When Traveling in Africa
Doctors
Without Borders
In
1971, a small group of French doctors was winding up its
work in Biafra, the devastated and famine-stricken scene of
the bloody Nigerian civil war. Providing medical relief
there had sometimes been a tragically frustrating job. The
experience left the doctors determined to find a better way
to respond to health emergencies. What they wanted was a way
for physicians to minister to suffering victims, unhampered
by political, economic and religious factors. Out of that
resolve came Medecins sans frontiers (MSF) known in English
as Doctors Without Borders. Today, this is the world's
largest independent, international medical relief
organization. MSF maintains 5 operational centers in Europe
and 14 national sections throughout the world, including one
in Canada. Fax 604-681-6595 or send E-Mail
. A
Canadian, Dr. James Orbiski, is currently president of the
MSF International Council, which has its headquarters in
Brussels, Belgium. The organization has a threefold mission.
First, it supplies emergency relief in place where medical
infrastructure does not exist or is unable to cope with the
crisis. Second, it conducts medical research, mass
vaccination and other public health programs in developing
countries.

Third, it
serves as the voice of the afflicted, speaking out about the
plight of the people it helps. MSF's operating principle is
to provide help to all who need it regardless of race
religion, politics or gender. Fulfilling that pledge require
a measure of sturdy independence. This is why MSF seeks
donations from international agencies, private foundations
and the general public. Since 1991, MSF volunteers have
served in Rwanda, Bosnia, Afghanistan, Cambodia, Liberia,
Angola, Sudan, Sri Lanka, Colombia and elsewhere. They have
responded to human-caused and natural disasters-everything
from shooting wars and the collapse of civil order to
epidemics, famines and floods. The Kosovo crisis brought the
organization into action again. To volunteer for service,
make a donation or learn more about the work of MSF,
E-mail:msfcan@passport.ca.
Important
Causes
Our publisher's history with worthy causes goes back a long
way to his media days in Calgary and Edmonton when he
handled the advertising and pr for major programs such as
the Alberta Government Human Rights, Workers compensation,
the Shrine Lions (Charity Sweepstakes and much more. Today
through our own publications and web sites we can work on a
much broader stage - the world. For more great causes, check
our Africa
Web Site:
www.africa-ata.org/great_causes.htm
Apples
for Africa
At
Aviation and Travel Media, we've enjoyed the privilege of
working on some of the finest desktop publishing and general
computing equipment in the world. Now we're focused on
bringing the Internet and computer skills to thousands of
eager students across Africa, whom we visit every year
during our news gathering and educational trips.
Africa
Travel Magazine, supported by Africa Travel Association's
Canadian and Northwest USA Chapter. are launching a campaign
to provide computers, software and on-site training to
village schools, churches and local groups in Africa. Fax to
604.681.6595, e-mail
africa@dowco.com
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