Business law Assignment Help

This review shall state the necessary implications of the holiday brochure which your company shall publish must essentially fulfill the necessary rules and regulations as provided under the relevant laws that govern for the protection of the consumer and the company.

The holiday brochure published and distributed by your company must be pre arranged, inclusive of all the taxes and the prices mentioned for the diverse schemes that are mentioned in the brochure for promotion of the same.

The tour operator must be responsible in providing with the information and the travel agent shall have the responsibility of selling and promoting offers or shall purchase or sell overseas travel packages on behalf of the company on a commission depending upon the sale it provides.

The travel agency shall promote a holiday package which shall contain the essential details regarding the travel package plans, arrivals and departures, facilities provided details of the accommodations, other plans offers and references all shall be mentioned in the package plans.

The consumer shall have the luxury to browse and look through the options mentioned prima facie in the brochure. The consumer shall have the right to claims for damages and loss or any inconvenience caused at the instance of the agency.

The rights of the consumer is protected under the consumer protection laws and in case of any breach on the part of the agency with regards to the rights and obligations the consumer shall have the right to sue for negligence and damages and shall be protected under Package Holidays and Travel Trade Act, 1995 and the Consumer Laws.

BROCHURE

A brochure shall mean the form of advertisement with which is available to the public at large and shall contain the minute details of the special offers and the package plans provided by the agency.

The consumer upon satisfaction of the same shall thereafter enter into a contract for the travel package for the destination chosen by the consumer itself. The specification of a legitimate brochure are mentioned herein below:.

The brochure must essentially mentioned the price and its details how and why it is required.
Transportation must be mentioned. Arrivals, departures and other forms of transformation must me mentioned.
Destination and location of accommodation and its related services .
Mean plan details.
The requirement of the customers passport and visa if at all required must be mentioned.
Medical health and other aids in case of emergencies and other precautionary measures must be provided .
Deadlines for offers and cancellation of plans and other deadlines for other applications must be also provided.
The inclusion of taxes, VAT and other service taxes must be also mentioned.

The abovementioned information in a brochure of a travel agency shall be binding upon the travel agency and the consumer.

The terms and conditions mentioned in the brochure shall governed under the Package Holidays and Travel Trade Act, 1995 and the Consumer Laws and the consumer shall have the right to claim damages in case of the breach of the same.

Upon satisfaction of the terms and conditions in the brochure the consumer shall enter into a contract with the agency and shall be governed under the Contract Act. (Abrams, 2010).

BOOKING HOLIDAY PACKAGE

Booking a holiday package shall distinctly mean that the consumer is knowingly entering into a contract with the travel agency n view of the terms and conditions mentioned n the brochure.

The written contract entered between the consumer and the travel agency shall be binding and in the case of any breach of the same the consumer shall have the right to evoke the dispute clauses mentioned n the contract.

In the written contract the consumer shall contain the information such as:

The holiday cost.
The destination and duration of holiday chosen by
Transport and its forms for the arrivals and departures.
The location and category of accommodation
Compliance with laws of European Union member state.
The meal plans and its accommodation .
Various arrangements and cancellations of the trips.
The itineraries of excursions must be mentioned in the contract.
Taxes or other
A complaint procedure wherein the consumer shall have the right to lodge a complaint against the failure of the obligation of the tour manager .

Before the purchase of the said holiday package organizer must provide additional information. Such as:

The requirement of visa and passport whenever necessary.
The requirement of any travel insurance.
Medical requirement or first aid.

LAWS

The law that govern the rule and regulations in the travel agency are govered under the consumer and the contract acts. The rules and regulations fall under the Package Holidays and Travel Trade Act, 1995 and the Consumer Laws.

A package holiday brochure shall contain certain important components such as:

Tourist services.
Cost and packages.

The arrangements are to be made by the travel agency and shall make sure that the consumer pay the price mentioned for the abovementioned specifications.

The consumer may not necessarily pay for the services altogether .They shall have the right to pay separately upon the specifications of the agency. The Package Holidays and Travel Trade Act make under which the tour organizer shall maintain the oblige the rights and obligations of the consumer.

The consumer shall have the right to claim damages for the loss created by the tour organizer. The tour organizer shall be liable for the fulfillment of the rights and obligation of the contract entered with the consumer.

He must also make sure that the terms of the contract maintained (Mawrey & Riley-Smith, 2012).

MISLEADING AND UNCONSCIONABLE CONDUCT AND MISREPRESENTATION OR FALSE REPRESENTATIONS

The contract entered between the tor organizer and the consume shall contain the terms and conditions which shall not be misleading to the consumer.

The consumer is of the understanding the agency shall perform upon its promises made in the contract and if the consumer discovers that the travel agency has failed rather mislead the consumer the consumer shall have the right to sue the travel agency and claim for the loss and damages (Benlist Pty Ltd v Olivetti Australia Pty Ltd (1990) ATPR 41-043).

GENERAL PRINCIPLES:

The conduct of tour operator is misleading and/or deceptive under the observation of the context in which it occurs.

Parkdale Custom Built Furniture Pty Ltd V Puxu Pty Ltd (1982) 149 Clr 191

It was held in this case that that the conduct of defendant in this case shall be viewed as a whole by Justice Gibbs. Certain words mentioned in the brochure shall not be taken singly liable the entire context shall be taken as a whole.

The context of misleading in a brochure is considered as a whole in context which will evidently include photos, graphs that surrounds the circumstances that involves in character of the transaction and its nature (Limitada v Nike International Limited (2000) 202 CLR 45, [106] and Cassidy v Saatchi & Saatchi Australia Pty Ltd).

The act of conduct will be termed as misleading or deceptive shall be perceived by two types of person involved in the said act.

it shall be considered that the act of isleading shall not be done intentionally as mentioned in the case of Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592 two different reasons and approaches are mentioned in relation to reasons as to why a person should possess an intention to deceive or mislead.

It clearly mentions that the statements under which are mentioned by certain class of people which are misleading, the court will effectively consider the misleading statement made to certain class of people.

A statement shall be misleading under the circumstances of an error and if the certain class of people have acted in compliance of the same erroneous assumption (Campomar Sociedad, Limitada v Nike International Limited (2000) 202 CLR 45).

The travel agencies may also be involved in the act of misrepresentation and unconscionable conduct. Misrepresentation can be performed under various forms.

The process of advertisements, terms and conditions mentioned in a brochure and statement of false gifts or offers shall also be terms under the same.

The consumers are protected under consumer protection laws and under the Trade Practice Act. The consumer shall have right to claim compensation for the losses and damages.

A business must not make false representation regarding the below mentioned information :

The standard of quality of goods and services provided
A person falsely acquiring products and services.
False testimonials provided by the agency.
The needs of the buyers with regard to the services.
Guarantee or warrantee with regard to services or products (Downey v Carlson Hotels Asia Pacific Pty Ltd [2005] QCA 199 at [69).

Sutton v AJ Thompson Pty Ltd (1987) 73 ALR 233

In the above case the accountants of the company representing the vendors remained silent during negotiations of business. Thereafter the vendors made some misrepresentations and accountant knew of the sad misrepresentation or false statements made by vendors.

The Federal Court held and affirmed the decisions of the trial judge that silence maintained by the accountant shall render vendor liable and involved in contravention mentioned of the said act.

The court was satisfied that Mr. Sutton have conveyed a false picture (Cassidy v Saatchi & Saatchi Australia Pty Ltd).

MISLEADING ADVERTISEMNTS

The laws in relation to false advertisement in the brochure that shall also lead to misrepresenting information and misleading consumers.

The advertisements that mislead the consumer shall be in breach of the consumer laws and shall be governed under the consumer protection act (Cassidy v NRMA Health Pty Ltd (2002) ATPR 41-891 at 36) and ( Gardam v George Wills & C Ltd. (1988) ATPR 40-884).

Medical Benefits Fund of Australia Ltd v Cassidy (2004) 205 ALR 402 (FFC)

The advertising agents exercised their liabilities as accessories whereas they were aware of advertisements and its use which the advertisements were supposed to put, but they was no evidence that agency was aware of advertisements that was false published which mislead the public.

The trial judge overruled the advertisements excluding its preparations which used to prepare the advertisements (Universal Telecasters (Qld) Ltd v Guthrie (1978) 32 FLR 360) and misleading of tax and price are governed under section 53 (e) of Trade Practice act, 1974.

THE CONSUMER LAWS

The Trade Practices Act 1974 of Commonwealth deals with consumer protection laws for unfair trade practices and consumer laws. The basic breaches of trade practices are under sale of goods act and unconscionable and misrepresentation conduct by traders.

The consumer laws shall protect the consumers with regard to breach maintain principles of freedom to contract and shall set out the clauses which is required in the contract and help in fixing of prces and other accommodation etc.

As mentioned in chapter 20 of the act that deals with the hospitality and tourism laws and focuses the legislation of protection of the consumer (Argy v Blunts & Lane Cove Real Estate Pty Ltd (1990) 26 FCR 112).

(McWilliams Wines Pty Ltd v McDonalds Systems of Australia Pty Ltd (1980) 33 ALR 394).

CONCLUSION

The contracts entered between the consumers and tour organizers shall be governed under consumer act and rules in the Trade Practice Act, 1974 and Package Holidays and Travel Trade Act, 1995.

The agreement or the contract entered in terms of the brochure shall mean that the consumer has accepted the terms mentioned in the brochure. The brochure shall define the terms and conditions in the contract. In case of breach the consumer shall have the right to sue or opt for the dispute clause mentioned in the contract.

These laws shall protect the consumers from any form of imbalance of the rights and obligations in contracts. The terms must be flexible for the consumers. The consumers shall have the right for Alternative dispute resolutions.

The Federal Court of Australia (“F/C”) has the jurisdiction relating to the matters of Trade Practices Act, for the cases of misleading conduct, statements and representations and for different class of actions.

The Supreme Courts (“S/C”) of various States also have a extensive jurisdiction to deal with these cases, and shall also deal with the issues particularly with breaches of contract and torts as well as the County or District Courts in each State of Australia.

To get assignment help, please contact to our live chat adviser.