Discrimination in travel: What does the law say, and what actually happens?

Independent

4 hours ago

'It's made us feel unwelcome, disrespected,' said Jemma Louise Gough, 38, after the host of an Airbnb in Manchester cancelled a booking for her and a friend because they are from Wales.
'We just wanted a bed for the night 'she told Stephen Nolan on BBC Radio 5 Live. 'It's also made us feel judged for something unrelated to our character or intentions as a guest.
'I was so shocked that this is still happening in this day and age. If this was about race or religion, there would be global outrage. It comes in many forms, discrimination. But it all warrants attention. It's all unacceptable and it deserves to be spoken out about."
So how widespread is discrimination in travel? These are the key questions and answers.
How bad were the olden days?
Shamefully for an industry that celebrates freedom and is devoted to bringing people together, travel has a long history of discrimination based on nationality, skin colour, sexual orientation and other factors.
After the Second World War, some British hotels advertised the fact that they banned guests from Germany and Austria, and did not employ people from those locations.
South Africa codified racial discrimination with the apartheid laws, restricting the movements of Black citizens and excluding them from better forms of transport. In 1953 the South African minister C R Swart claimed that segregating whites and Black people on the railways and in accommodation was essential. He warned: 'If they are continually to travel together on the trains and sleep in the same hotels, eventually we would have racial admixture.'
Segregation was also enforced across much of the US. For three decades until 1966, African Americans wishing to explore their own country had to rely upon the Negro Motorist Green Book to find motels, restaurants and service stations that would serve them; a film about the book later won an Oscar.
asked by cabin crew to move so that a heterosexual couple could sit together.
In the same year, the Pontins holiday park chain instructed staff to decline or cancel bookings in the names of people who might be Irish travellers, including Gallagher, Murphy and Nolan.
The firm has since said it is committed to comply with the Equality Act 2010.
It's 2025: Anyone can go anywhere, right?
The UK government says: 'It is against the law to discriminate against anyone because of age, gender reassignment, being married or in a civil partnership, being pregnant or on maternity leave, disability, race including colour, nationality, ethnic or national origin, religion or belief, sex [or] sexual orientation.'
The statutes are augmented by case law. In 2011, a gay male couple were refused accommodation by B&B owners who said it was against their religious beliefs to allow two men to share a bed. The appeal court eventually decided in favour of the couple.
Unfortunately, what the law requires and what actually happens can a long way apart.
Consider a situation where somebody walks into a hotel and asks for a room for the night. It is possible that the person behind the desk may not like the prospective guest's accent, skin colour or T-shirt proclaiming a particular political view. They could simply say, 'Sorry, we are full'.
Unless someone next in line without the same characteristics is immediately given a room, it would be impossible to prove discrimination.
What do the accommodation platforms say?
Both Airbnb and Booking.com say they have zero tolerance for discrimination. Booking.com reminds property owners that they are hosting people from different cultures and backgrounds who have different perspectives on acceptable behaviour. The firm tells owners: 'It's crucial that staff working at your property – especially guest-facing employees – are trained on what discrimination is and how to avoid it.'
Airbnb concurs: 'Hosts may not decline guests based on their sexual orientation or gender identity. While your views may be different than those of your guests, please remember that being an Airbnb host does not require that you endorse how your guests live.
'Our dedication to bringing people together by fostering meaningful and shared experiences rests on the principles of respect and inclusion.'
Same-sex group bookings are sometimes banned. For example Butlin's says: 'Butlins is a family resort and in keeping with this caravans may not be let to persons under the age of 18 or to groups of the same sex.' The aim is to keep a lid on rowdy behaviour.
Where else does discrimination take place?
Many disabled people feel airlines discriminate against them. 'We want to make sure everyone has fair access to air travel' – so says the Civil Aviation Authority (CAA). Yet some disabled travellers feel they get a raw deal. Disability Rights UK says: 'The CAA's current regime of oversight for accessible air travel is limited and ineffective.'
Airlines can refuse to carry disabled passengers 'if the size of the aircraft or its doors makes the embarkation or carriage of that disabled person or person with reduced mobility physically impossible'.
Campaigners say that aircraft should be redesigned to accommodate the needs of disabled passengers. There are also all-too-frequent reports of special assistance failing at airports.
Carriers say they do all they can to facilitate aviation for all, but the nature of aircraft means they cannot deliver the same degree of support as terrestrial transport is able to provide.
What about age?
Many holiday companies impose age limits, usually out of concern for other customers or simply because they feel they are offering trips for which older or younger travellers would not fit in. At the Hans Brinker hostel in Amsterdam, for example, dormitory beds have an age restriction of 18-40 years.
Car-rental firms exclude young drivers, especially for high-end cars, and some impose upper age limits as well.
Adventure travel companies often have age restrictions.
These are among the key ages for travellers:
Discrimination based on your travel history
Some nations may use evidence in your passport against you. A previous visit to Israel could prevent you from visiting a number of countries, including Iran.
The United States insists that travellers who have visited countries designated as 'State Sponsors of Terrorism' must apply for a visa to travel to the US, rather than the usual online Esta.
The rule applies to anyone who has been in:
Prospective visitors in the UK must attend an interview at the US Embassy in London or Consulate General in Belfast. They face a wait of at least two months for an appointment.