Business Law: Analysis of Discover Australia's Holiday Package Brochure

Running head: BUSINESS LAW
Business Law
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1BUSINESS LAW
Key information in the brochure
A holiday package includes transport and accommodation and is advertised and
promoted by the tour operator for the purpose of selling it. Discover Australia is one of the
popular and recognised tour planning company that provides holiday package at a discounted
and reasonable rate to the customers. The Australian Consumer Law governs the interests of
the consumers and protects their interests. In this regard, a holiday package company needs to
disclose all the necessary information to the consumer as per the Australian Contract Law
(Cartwright 2016). The key information provided in the brochure are that the company
provides various holiday package and has customized and published a brochure to achieve
the consumer satisfaction. The brochure claims that it is the full value package for 6 days
holiday that includes the flight and accommodation booking along with the complementary
daily breakfast, lunch, and dinner. This is a holiday package for Australia that offers some
exclusive discounts and bonuses. The package includes low rate of room and airfares. Extra
tours and extra nights can be added to the package at a special discount if the party requires.
It offers two ranges of accommodation facilities, which is deluxe or good standard. The
deluxe hotels have superior facilities with first class services and stylish rooms. Whereas the
good standard hotels provides comfortable rooms and friendly services. This holiday package
brochure facilitates car hires, which also offers safety assistance. Various types of packages
are offered at a low rate, such as, the self-drive package, train packages, all-inclusive and
other packages (Discoveraustralia.com.au 2018). As the Australian Consumer Law and
Contract Law regulates the relationship and conducts of the consumer in this respect,
therefore, Discover Australia should provide their services in accordance with the provisions
of the said Acts.

2BUSINESS LAW
Representations in the brochure as per the contract law principles
Representation is referred to the written facts of the contract, therefore the
representations of a contract must be correct and true. A party providing false representation
shall be liable for damages under the law. Contract law has provided a framework to regulate
the enforceability of the terms of the contract and also provides the limitation of actions. In
this respect, the Discover Australia in their holiday brochure has made representation in terms
of the tour plans and the places. It provides the details of the places that are to be visited in
the trip with the price ranges and also provides some images in their brochure. The brochure
represented the relevant charges for their various services. The brochure specifically defines
that the packages are all-inclusive. As per the Australian Contract Law, the parties should
intend that the representations are promissory in nature. In the case of Ellul v Oakes (1972)
3SASR 377, it was established that Ellus had purchased the property from the Oakes relying
on the representations made in the form of the property agent, which was signed by Oakes.
The court ruled that the Ellul and Oakes must have intended that the representations of the
contract are promissory in nature, hence Ellus may sue Oakes for breach of contract if the
property was not served to him. Therefore, Discover Australia is bound to fulfil all the
representations made by the company on entering into it. Both the parties are bound to each
on entering the contract to carry out their obligations. The services mentioned in the brochure
are the representations made by the company to enter into a legal relation with a party.
Discover Australia is bound to provide their services and the customers are obliged to pay the
respective charges mentioned in the brochure.