Chatbots, booking assistants, automatic itinerary generation, conversational customer relations… the uses of artificial intelligence are multiplying in tourism. Behind the productivity gains and promises of an improved customer experience, however, a question is beginning to seriously worry industry professionals: who is responsible when an AI provides incorrect information to a traveler?
Because in tourism, an error can have immediate consequences: incorrect formalities communicated, non-existent reservation, poorly described service, erroneous availability or inaccurate contractual information.
To understand where the responsibility of tourism companies really begins, I interviewed Maître Emmanuelle Llop, an expert lawyer in tourism, aviation and leisure law, founder of the Equinoxe Avocats firm.
Summary
Tourism faces a new risk zone
For several months, tourism companies have been accelerating the integration of AI solutions into their operations. Automated customer service, response generation, travel recommendations, conversational tools, and booking assistance: AI is gradually being installed at every stage of the customer journey.
The problem is that these tools remain fallible. And unlike other sectors, tourism relies on a legally regulated obligation to provide information.
An incorrect, automatically generated response can quickly escalate into a business dispute.
On this point, Maître Emmanuelle Llop is very clear:
“In terms of mandatory information to be provided to the travelling client, before the conclusion of their contract or upon confirmation of their contract, only the professional selling the service is responsible for the conformity of the information provided. The source is irrelevant.”
In other words, a tourism company cannot transfer its responsibility to an artificial intelligence tool.
Why tourism is particularly vulnerable
The travel sector operates within a legal framework that is already very protective of the consumer.
According to lawyer Emmanuelle Llop:
“The risk, given the professional’s extended responsibility, lies in the consequences of any hallucinations or errors made by the AI during the information phase that leads to a booking.”
She also reiterates an important point regarding reservation systems:
“As for errors due to technical defects in booking systems, these are expressly the responsibility of the professional (article L.211-17-2 of the Tourism Code). Errors generated by an AI booking system could certainly be considered as such.”
In practical terms, this means that an error generated by an automated system could potentially make the professional liable if it causes harm to the client.
In tourism, this risk becomes particularly sensitive when AI is involved in pre-contractual information, travel formalities, prices or services sold.
AI chatbots are becoming an extension of the business relationship
Many companies still view conversational assistants as mere technical tools. Legally, the subject is much more sensitive.
On the subject of AI chatbots, lawyer Emmanuelle Llop responds unambiguously:
“The answer is yes, of course, from the moment the professional entrusts this task to an AI: the company is solely responsible for the proper execution and conformity of the services provided with what is stipulated in the contract concluded with the client.”
In practice, this means that an automatically generated response can become a contractual element or evidence in a dispute.
For tourism professionals, the issue is therefore no longer just about the performance of AI tools, but also about their supervision.
The AI Act will not eliminate the responsibility of professionals
For several months, the European AI Act has been raising many questions in the travel industry.
But according to lawyer Emmanuelle Llop, the European regulation will not change the central principle of liability for tourism operators:
“The AI ACT, which notably imposes transparency on the use of AI, will not modify the contractual obligations of tourist operators, who can only be relieved of their responsibility in 3 cases (exceptional and unavoidable circumstances, act of the traveler or act of a third party)
She adds:
“More generally, manipulative practices aimed at deceiving users without their knowledge are prohibited, but in consumer matters, this is nothing new (unfair terms, deceptive practices).”
The European regulation should primarily strengthen transparency obligations around the use of artificial intelligence and encourage more human control.
The real issue: AI governance in tourism companies
On the ground, many tourism players are still moving forward without a real internal framework regarding their uses of AI.
For lawyer Emmanuelle Llop, human vigilance remains essential:
“At the risk of sounding a bit traditional, I will always recommend that professionals verify all the information generated by the AI they use and reduce risks by using AI specific to the company's services.”
And she concluded:
“To avoid recommending a hotel that doesn’t exist and describing as idyllic a place that is ultimately unsafe…”
This sentence probably sums up the current challenge in the sector: AI can accelerate many tasks, but it does not yet replace human responsibility or control.
What tourism professionals need to know
Artificial intelligence does not transfer legal responsibility to the technological tool. In tourism, the service provider remains responsible for the information provided to the customer, even when it comes from an automated system.
Companies that integrate AI solutions into their customer relationship will therefore need to strengthen their validation procedures, document their uses and monitor automatically generated content much more closely.
Because in the coming years, the difference will probably not be made between companies that use AI and those that do not.
It will mainly be between those who properly frame their tools... and the others.
In short
- The tourism professional remains legally responsible for the information provided to the client
- An error generated by AI can potentially create a dispute
- AI chatbots can give rise to contractual liability for the company
- The Tourism Code strongly regulates pre-contractual information
- The AI Act will primarily strengthen transparency obligations
- Human supervision remains essential in the use of AI in tourism
Sources
https://www.equinoxe-avocats.fr
https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000036242695
