What Are the Legal Implications of AI for Travel Advisors?

TMR has commissioned me to produce a series of articles on the legal implications of adopting artificial intelligence (AI) in the travel advisor business.

I have been considering this issue for some time, as hysteria has emerged on both sides of the debate. Much is known, but much is unknown. Few specific laws exist to address many of the risks involved, but general legal principles can provide useful guidance. The risks occur not only in how advisors use AI in their businesses but also in how they disclose or fail to disclose, the use of AI by suppliers in delivering services to clients.

Being “against AI” is pointless. It’s here to stay, affecting everything and everyone in ways that are hard to imagine. Some claim AI is a panacea, while others predict doom for humanity. The “promise” of AI as a tool will likely create many of the same problems caused by the internet, computers, the iPhone, the printing press, and even the steam engine that led to the gasoline engine—and more air pollution and deadly accidents. Each progression toward a more technological society has brought great benefits along with new challenges.

As early as March 2021, the Brookings Institution argued, “Good judgment and wisdom cannot be automated, and AI cannot incorporate necessary ethical principles into its assessments.” I agree with that, but we cannot be sure how AI systems will judge what is “good” or “ethical” in the commercial world. For now, human engagement seems essential.

Moreover, it has been clear from the start that AI-based chat devices make significant mistakes. Every chatbot I’ve encountered on websites is useless beyond answering a few basic questions—none of which are why I visited the site. Advisors dealing with valued clients can’t afford such errors. These mistakes raise liability issues and can cost business. People come to advisors for human expertise, experience, and judgment—not to interact with machines or receive unfiltered information from AI.

Another evolving factor is that AI technologies respond to “prompts” from users. The detail and other factors in the prompts often determine how accurate and useful the AI’s response will be. Learning how to create effective prompts is critical to making good use of AI, and may require expert training. It’s tempting to just ask ChatGPT a question, but that’s not the best way to obtain professional-level outputs. As reported by The Washington Post in early 2023, the rise of large language models has created a demand for “prompt engineers” skilled in eliciting appropriate AI responses (source).

How AI Can Be Useful

AI technology offers a range of potential uses for travel advisors, including:

• Marketing materials
• Press releases
• Destination information
• Original images without a camera
• Website content
• Correspondence with clients
• Correspondence with suppliers
• List making
• Analysis/comparison of trip options
• Creating search terms for the internet

Creative minds will undoubtedly suggest other possibilities.

Many suppliers are enthusiastically embracing AI technologies as tools for reducing costs. There has been talk of using AI-driven robots in hotels for front desk duties, room service, traveler/advisor communications, concierge services, and other tasks that, behind the scenes, could reduce labor costs. I’ve also read about the possibility of AI-driven vehicles becoming common in car services.

The implications of some of these ideas are mind-boggling. But each raises the question: What information should travel advisors convey to travelers, and how can advisors learn about these innovations reliably and in a timely way? AI technology is advancing at lightning speed, and keeping up is a challenge.

Future articles will address the implications of the AI-driven innovations listed above. In the meantime, heed this advice from Google Gemini:

“Gemini may display inaccurate information, including about people, so double-check its responses.”