Assignment - Contract Laws
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Added on 2020-12-26
Assignment - Contract Laws
Added on 2020-12-26
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Contract laws or legislation refers to mutual agreement between tour operators and customersand it is enforced by law. Basic elements required for mutual agreement to be valid and legaland enforceable by law needs to include mutual consent, valid offer, acceptance, capacity,adequate consideration and legality. Thomas cook group offers holiday packages with certainterms and conditions attached with. It expresses destination place, time of arrival anddeparture, stay duration and cost for the same. If tour operators fail to provide and completevarious terms and conditions, consumers can withdraw contract any time. Basic and standardelements of contract are explained as follows:Consideration: Every contract needs to have a consideration amount to be valid. Any contractwithout any consideration is referred as an agreement between two parties and is not enforcedby law. Thomas cook group charges for holiday packages, and offers travel related products andservices and regard it as consideration. Offer: Offer is referred as a statement which is the beginning of contract. Offer is proposed bytour operator to customers and it includes definite conditions and terms for holiday packages.When offer is made to other party or customer, he has the right to accept or deny it. Acceptanceof offer by the customer makes a start of contract. Thomas cook group makes different offers fordifferent holiday packages or destinations.Certainty: Rules, terms and conditions of contract needs to clear with both tour operator andcustomers, then only it would be considered as valid contract. There needs to be common andsame understanding regarding terms of offer and contract between tour operator and consumers.Thomas cook group clears every detail of holiday package with clients such as preferencesregarding accommodation in hotel, etc.Acceptance: when client is agreed to accept the offer made by tour operator, then it is called asacceptance of offer. Acceptance of offer is generality made in manner which is specified by touroperators. Contract is enforced by law, when clients accept the offer made by the tour operatorsand also with terms and conditions mentioned. Capacity: It is referred as capability or capacity of client to enter into a legal contract.Regulation and legislation define that a client must posses' majority of age to enter into a validcontract. Thomas cook group can make valid contract with client of 18 years or more. If a clientis under 18 years of age, then he is not legally capable of entering into a contract.Consumer rights act, 2015 laid down set of rules related tothesupply of goods andservices to customers and which explains that tour operator needs to provide quality andstandards level of products and services. Contract for provision of services refers to a formaland legal binding agreement between tour operator and clients regarding provision of travel andtourism related services. Unfair contracts refer that if any contact directly or indirectly limits therights of client who is protected under law of contract is held as unfair contract.Legislation and Ethics in Travel and Tourism sectorsTrade Description Act, 1968: this act aims at prohibiting misleading factors of prices ofproducts and services, accommodation and various other services relating to travel andtourism sectors. This act provides certain responsibilities to Trading Standards Officers forchecking various points, such as, application of false description regarding trade by touroperators. It also checks offers which have false or misleading description of trade hasimplied. It checks if any false statement is made in holiday package or offer regardingprovision of services, products, facilities and accommodation.Consumer Protection Act 1987: This act lays down various duty and responsibilities totour operators and certain rights in the hands of clients. Consumer protection act makesvarious provisions for issues relating to fraud, unfair practices of business and productliability. The regulatory framework help in abolishing supply of standard goods andestablishment of legal authorities and liability of products and services. This act alsofocuses on prohibiting unlawful indications of price and service charges. Package Travel, Package Holidays and Package Tours Regulations 1992: This act aimsat correcting the miscommunication made by tour operator by making essentialarrangements. This act provides minimum requirements for an offer to be a valid contract.This states that a holiday contract needs to provide at least two or more facilities such astransport, accommodation and tourist related services.Hotel Proprietors Act, 1956: This act explains that hotel proprietor is liable to pay forlosses of damage made to a guest's property or goods. The hotel proprietor is liable forlosses even though it was not fault of hotel staff or proprietor.Consumer protection legislation and law aims at protecting rights and interest of customersand clients. These laws protect travel and tourism customers from being get violated frombusiness organisation and various travel agents or agencies. Hotel inn refers that hotel alsoproviding services of lodging for travellers. Following are given some legislation that aimsat protecting rights of consumers in travel and tourism sectors.CONSUMER PROTECTION LEGISLATIONCONTRACT LEGISLATIONPollock, J.M., 2014.Ethical dilemmas and decisions in criminal justice. Enoch, M., 2016.Sustainable transport, mobility management and travel plans. Routledge.
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