Contract and Consumer Protection Legislation in Travel and Tourism

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Added on  2023/02/02

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This report provides an overview of contract legislations and consumer protection within the travel and tourism sector. It examines the necessity of contracts, their elements, and the importance of mutual intention between parties. The report discusses consumer protection legislation, including the Consumer Law of 1990, and its impact on hospitality contracts, particularly package holidays governed by the Package Tours Regulation of 1992. It also addresses consumer protection through international and national legislation, such as the Warsaw Convention of 1929, the Hague Protocol of 1955, and the Trade Description Act of 1968. The report highlights the role of regulations, like the Package Travel Regulations of 1992, and the functions of the Air Travel Organizer's License (ATOL) in safeguarding consumer rights, ensuring financial protection, and providing recourse for dissatisfied customers. The analysis underscores the importance of these legal frameworks in maintaining fair practices and protecting the interests of both consumers and businesses within the industry.
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Contract legislations with context of travel and tourism
The contracts are necessary for thorough and precise matter and a valid contract is
framed in various parties with offer and acceptance of similar. The contract parties have
common intention for coming in contract with similar objective and it is mandatory for
breaching contract with accomplishment of damage and claimed via parties to contract
without involvement of third parties. The rights and duties of parties are explained in contract
in simplified language. There are various elements in contract which are stated as
consideration and each contract has presence of mechanism of exchange for determining
determinant which is impacted and fulfilled through other party. A contract is reflected in
offer which is prepared by offerror by offeree along with acceptance of formation. The
contract has presence of enforceability which is directly determined with reference to intent
of contract entering.
According to consumer law 1990, the hospitality contract has requirement of various
parties for ensuring on basis of concern along with contract’s consideration. The price of
every product and service should be clearly determined with presence of explicit duration of
provision. These contracts include package holidays which are directly governed by Package
tours regulation, 1992’s legislation. A package consists of engaging combination of two or
more hospitality industry on basis of security of tourist with its belongings. It includes
insurances, luggage, entertainment, alcohol and lodging and in case tourists has faced any
loss or damage which is created by contracts could be recovered with value loss and tour
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operator’s promise during package selling. There will be assurance about value loss with
enjoyment by negative experience for encountering trip. The safety and personal injuries on
basis of luggage are not undertaken with need of different precautionary steps which are
covered under insurance for purpose of protecting its consumers.
Consumer protection legislation with context of customers of travel and tourism
The consumer protection legislation has requirement of business entity for encouraging
and protecting tourism in country. The tour operator should be capable for providing
competitive pricing to facilitate consumer participation. This duty is necessary for supplier
for ensuring developments of service and prevention of improper business practice. The
relationship of tourists, tour operators and supplier is very critical with requirement of
protecting interest at every step. In the similar context, the international and national
legislation is replicated via every party for purpose of protection about consumer’s well-
being.
According to Warsaw Convention of year 1929, the right of passenger is with huge
support of claim about damage and injury formed at travel time. The security of goods are
directly bounded for protection about carrier which are sued with same breach. On basis of
Hague Protocol of year 1955, it has determined passengers for purpose of undertaking air
travel, where airlines are responsible for providing passengers with transportation mode
which is liable and regulated for loss and injuries suffered during travel.
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The trade description act of 1968 has directly prohibited false and misleading indicator
of service and goods on basis of accommodation and other services. It helps in providing
responsibility about trading standards officers for stating:
Supply with its offer along with false trade description.
Creation of false statements on basis of services provision with context of facilities
and accommodation.
The use of misleading trade description via provider.
The regulations of travel package, 1992 directly assures miscommunication on basis of
corrected end service with provider of creation of basic arrangements. It would be providing
minimum requirement of contract for purpose of holiday contract. In the similar aspect, it is
valid and consists of numerous facilities such as transport, accommodation and tourist
services.
The OFT had laid focus on various regulation about market competition for implementing
code and practices of industry of tourism. The Air travel organizer license provides assurance
to consumers and tourist by which operators are directly certified with country’s legislation.
A financial protection has been given for particular scheme of traveller. In case of every step
where consumers and tourists are not satisfied about product and service which are claimed
with proper concentration about legislation with entering in contract via parties for special
objective.
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