Jurisdiction

Jurisdiction concerns both international jurisdiction and the local court that may hear a case. In a dispute involving accommodation, package travel or another tourism service, the parties’ domiciles, the place of performance, the place of harm and any valid jurisdiction agreement may matter. Jurisdiction must be distinguished from the substantive law applicable to the dispute.

Consumer protection rules apply in the scope of the Brussels Ia Regulation. A traveller can often sue a business either in the consumer’s domicile or at the business’s domicile. A business can generally sue a consumer only in the consumer’s domicile. Whether these rules apply depends on the parties, the contract and the particular claim.

For an initial review, collect the travel contract or booking confirmation, terms and conditions, the parties’ domiciles, the place of performance, correspondence and any jurisdiction clause. The tourism contracts and liability topic places contractual and liability questions in context. The withdrawal from contract entry explains the distinction relevant to package travel. The first consultation checklist helps organise the initial documents.