Introduction

This article examines Georgia statutes concerning commercial tour operator responsibilities in the context of tourist safety and supervision.

Scenario

A tour guide company operates historical tours in downtown Macon, Georgia. During a walking tour, a tourist stops to take photographs near the Ocmulgee National Monument. The tour group moves on without conducting a headcount. Hours later, the tourist realizes they have been left behind in an isolated area after dark. While attempting to find transportation, the tourist is robbed and injured. Company policy requires guides to account for all participants throughout the tour.

Georgia Law

Tourism Services

Georgia Code § 43-16A-5: “The General Assembly finds that the travel agent industry serves the interests of the traveling and general public by providing valuable professional services and that the establishment of standards for ethical business practices and consumer protection in the sale of travel services is in the public interest.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Common Carrier Standard

Georgia Code § 46-9-132: “A common carrier of passengers must exercise extraordinary diligence to protect the lives and persons of its passengers and is liable for damages to passengers resulting from the slightest negligence in view of the law and public policy; provided, however, the common carrier is not an insurer of its passengers and is only bound to exercise extraordinary diligence.”

Agency Liability

Georgia Code § 10-6-60: “The principal shall be bound by all the acts of his agent within the scope of the agency, and a third person who has dealt with the agent as such within the scope of the agency cannot be prejudiced by any private instructions or limitations imposed upon the authority of the agent by the principal.”

Conclusion

The scenario describes a tourist left behind and injured during a tour in Macon, Georgia. Georgia Code § 43-16A-5 recognizes tourism service standards. Georgia Code § 51-1-2 establishes the general duty of care. Georgia Code § 10-6-60 addresses agency liability. These statutes establish the framework for tour guide company liability under Georgia law.

FAQ

Q: What does Georgia Code § 43-16A-5 recognize about travel services? A: Georgia Code § 43-16A-5 finds “that the establishment of standards for ethical business practices and consumer protection in the sale of travel services is in the public interest.”

Q: What duty applies under Georgia Code § 51-1-2? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Q: What standard applies to passenger carriers under Georgia Code § 46-9-132? A: Georgia Code § 46-9-132 requires carriers to “exercise extraordinary diligence to protect the lives and persons of its passengers.”

Q: Where are tourism service laws found in the Georgia Code? A: Tourism service laws are found in Georgia Code Title 43, Chapter 16A.

Q: How does Georgia Code § 10-6-60 address principal liability? A: Georgia Code § 10-6-60 states: “The principal shall be bound by all the acts of his agent within the scope of the agency.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.