Contractual Obligations and Consumer Protection in the Tourism Sector

This report delves into the intricacies of contract law and its application within the tourism industry, using the Thomas Cook Group as a case study. It outlines the essential elements of a valid contract, including offer, acceptance, consideration, capacity, and certainty, and explains how these elements are applied in the context of holiday packages. The report also explores consumer rights legislation, such as the Consumer Rights Act 2015, and relevant acts like the Trade Description Act 1968, Consumer Protection Act 1987, Package Travel Regulations 1992, Hotel Proprietors Act 1956, and Food Act 1984, highlighting their roles in protecting consumers and regulating tour operators. Furthermore, the report addresses unfair contract terms and ethical considerations, emphasizing the importance of transparency and fairness in contractual agreements within the travel and tourism sector. The report aims to provide a comprehensive overview of the legal and ethical framework governing the relationship between tour operators and customers, ensuring consumer protection and promoting responsible business practices.

Legislation and Ethics in Travel and Tourism sectors
CONTRACT LEGISLATION CONSUMER PROTECTION LEGISLATION
Pollock, J.M., 2014. Ethical dilemmas and decisions in criminal justice.
Enoch, M., 2016. Sustainable transport, mobility management and travel plans. Routledge.
Contract laws or legislation refers to mutual agreement between tour operators and customers
and it is enforced by law. Basic elements required for mutual agreement to be valid and legal
and enforceable by law needs to include mutual consent, valid offer, acceptance, capacity,
adequate consideration and legality. Thomas cook group offers holiday packages with certain
terms and conditions attached with. It expresses destination place, time of arrival and
departure, stay duration and cost for the same. If tour operators fail to provide and complete
various terms and conditions, consumers can withdraw contract any time. Basic and standard
elements of contract are explained as follows:
Consideration: Every contract needs to have a consideration amount to be valid. Any contract
without any consideration is referred as an agreement between two parties and is not enforced
by law. Thomas cook group charges for holiday packages, and offers travel related products and
services and regard it as consideration.
Offer: Offer is referred as a statement which is the beginning of contract. Offer is proposed by
tour 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. Acceptance
of offer by the customer makes a start of contract. Thomas cook group makes different offers for
different holiday packages or destinations.
Certainty: Rules, terms and conditions of contract needs to clear with both tour operator and
customers, then only it would be considered as valid contract. There needs to be common and
same 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 preferences
regarding accommodation in hotel, etc.
Acceptance: when client is agreed to accept the offer made by tour operator, then it is called as
acceptance of offer. Acceptance of offer is generality made in manner which is specified by tour
operators. Contract is enforced by law, when clients accept the offer made by the tour operators
and 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 valid
contract. Thomas cook group can make valid contract with client of 18 years or more. If a client
is 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 to the supply of goods and
services to customers and which explains that tour operator needs to provide quality and
standards level of products and services. Contract for provision of services refers to a formal
and legal binding agreement between tour operator and clients regarding provision of travel and
tourism related services. Unfair contracts refer that if any contact directly or indirectly limits the
rights of client who is protected under law of contract is held as unfair contract.
Consumer protection legislation and law aims at protecting rights and interest of customers
and clients. These laws protect travel and tourism customers from being get violated from
business organisation and various travel agents or agencies. Hotel inn refers that hotel also
providing services of lodging for travellers. Following are given some legislation that aims
at protecting rights of consumers in travel and tourism sectors.
 Trade Description Act, 1968: this act aims at prohibiting misleading factors of prices of
products and services, accommodation and various other services relating to travel and
tourism sectors. This act provides certain responsibilities to Trading Standards Officers for
checking various points, such as, application of false description regarding trade by tour
operators. It also checks offers which have false or misleading description of trade has
implied. It checks if any false statement is made in holiday package or offer regarding
provision of services, products, facilities and accommodation.
 Consumer Protection Act 1987: This act lays down various duty and responsibilities to
tour operators and certain rights in the hands of clients. Consumer protection act makes
various provisions for issues relating to fraud, unfair practices of business and product
liability. The regulatory framework help in abolishing supply of standard goods and
establishment of legal authorities and liability of products and services. This act also
focuses on prohibiting unlawful indications of price and service charges.
 Package Travel, Package Holidays and Package Tours Regulations 1992: This act aims
at correcting the miscommunication made by tour operator by making essential
arrangements. 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 as
transport, accommodation and tourist related services.
 Hotel Proprietors Act, 1956: This act explains that hotel proprietor is liable to pay for
losses of damage made to a guest's property or goods. The hotel proprietor is liable for
losses even though it was not fault of hotel staff or proprietor.
 Food act, 1984: It is a law that ensures that food which is being sold is both suitable and
safe for consumption by human beings. This act sets out offences for breaching the food
laws and also applies penalties and defence to law breaker party.