Difficult case

Consultant Andy Cooper, former head of public affairs at Thomas Cook, added: “If Irwin Mitchell can make a case that the hotelier should have done more [to protect the customers] then Tui will be responsible for their failure. It’s difficult to make the case, but that’s the argument that they’re going to run with.”

In response to the hearing, Tui stated it “would be contributing fully to the inquest into the deaths of the 30 British nationals killed during the terrorist attacks in Sousse... The safety and security of our customers is of paramount importance to us.” It also added: “Like others, we want to understand the specific circumstances that led to this terrible incident.”

That a tour operator could be held liable for a terrorism attack is concerning in itself for the industry. The repercussions would be particularly far-reaching – and potentially devastating – for smaller operators without public liability funds offering programmes in destinations such as Egypt, Tunisia, Turkey – or even in Paris, London or New York.

However, there was another element to emerge from the hearing which rung alarm bells. The families had reportedly requested the coroner demand new measures highlighting the risk of terrorism for would-be travellers – a so-called “traffic light system” in holiday brochures.

Lawyers and industry experts are dismissive of how such a scheme could ever work, but concede it would likely garner public support, and could prove concerning.

"I don't think travel can be branded that way"

“I can understand why families are looking for this kind of system,” admitted Gatenby. However, he added: “The kind of system that they are talking about is like that you see on food packaging and I don’t think travel can be branded in that way.”

Gatenby also pointed out that politically it would be a “very difficult” system to put in place. “Who would decide which area gets which light – the UK? The EU?

A global organisation? The UK would at least be orange, and you could make the same argument for France or Germany,” he added.

Cooper agreed that such a system would be impractical. “How do we know where a terror attack will be next? If you put a green light for Madrid and a bomb goes off, does it suddenly become red? There are very few places that it is safe to travel to.

“You would only really see amber and red destinations – and the Foreign Office already advises against travel to these places.”

Alan Bowen, legal adviser to the Association of Atol companies, added: “If you start saying that tour operators have to say to customers ‘we need to tell you that there was an attack three months ago in a museum’, I don’t think you would ever have customers booking [certain destinations].”

“A traffic light system would kill tourism to most destinations,” agreed an anonymous spokesperson for one tour operator operating in Egypt.

“The FCO already regularly visits tourist places in Egypt for example – they are very rigorous. They’re very on the ball and we have to rely on that. I’m not a security expert; I’m a tour operator.”

Cooper added: “It’s an entirely unpractical solution for the realities of the world of today.”

Impractical or not – it is likely to be an issue that will return to the national headlines next January when the full inquest is heard. The timing could not be worse – both for the industry, occurring during its peak booking time – as well as for Tunisia, which is desperately trying to rebuild its image. The FCO might still be advising against travel to the country, but Tunisia will likely be hoping to be back on the UK tourist map by next year.

How this case could affect that – and other destinations – looks set to be decided in January.