Consumer Protection Legislation and Contract Law in Tourism Sector

This report delves into consumer protection legislation and contract law within the travel and tourism industry, focusing on the responsibilities of travel agencies like Thomas Cook. It examines key legislation such as the Trades Description Act 1968, the Consumer Protection Act 1987, and the Package Holidays and Package Regulations 1992, highlighting their importance in safeguarding consumer rights and preventing misleading practices. The report further analyzes the elements of a valid contract, including offer and acceptance, consideration, capacity, and certainty, within the context of the travel industry. Different types of contracts are explored, encompassing the supply of goods and services, package holidays, and contracts for the provision of services, particularly focusing on how travel agencies interact with local tour operators. The report emphasizes the legal framework and ethical considerations that govern the travel and tourism sector to ensure fair practices and protect consumers.

Legislation and Ethics in Travel and Toursim Sector (TASK 3)
Contract legislation in relation to travel and tourism customers
A contract is defined as the legal relationship among two or more person(parties) who are associated with each
other in order to exchange goods and services with inclusion of laws. It can be said that every travel agency is
binded with the legal laws which includes its customer in it. The contract of travel company includes
destination, duration of travel, cost, departure, arrival
Offer and acceptance: Under this element, when one party offers their goods to other party and if
the other party have accepted that offer then both the parties have successfully entered into contract. In
relation to the travel industry, if any family has booked their holiday package from travel agency which
includes their transportation, hotel stay etc. For entering into a contract then they fill up the form in which all
the desired details are specified properly
Consideration: It refers to money or something of interest which is exchanged between the parties
for making the whole contract legal. Without any consideration of acceptance, it can be said that contract is
not legal.
Capacity: It refers to the capability of parties while they are entering into the contract. According to
the legal laws, it can be said that capacity of parties posses as soundness of mind, travellers must be above 18
years of age. In relation to travel industry, Thomas cook only give preference to those passengers who are
above the age of 18 years.
Certainty: It describes about the rules and regulations which are required to communicated to both
the parties. In order to make the contract valid, it is important to be clear all essential details of contract all
relevant parties. In relation to travel and tourism industry there are different types of contract which exist in
the same sector. Types of contract of travel and tourism sector are described as below:
Contract of supply of goods: As per the law of supply of goods and services act 1988, This type of
contract states that it is mandatory for the suppliers to supply all goods and services according to contract only.
As customers have entered into the contract which have increased there expectation regarding their trip only.
And if tour operator have not provided similar kind of the goods and services during the travel duration of
customer then it will break overall contract.
Contract related to package holiday: It can be said that the contracts which are related to holiday
package include many terms conditions which are valid for the both traveller as well as tourism company.
According to this type of contract, every single detail related to the package is clearly mentioned such as day
of departure, time duration of whole travel, places of visit, hotel name, transportation mode etc.
Contract for provision of services
It means contracting with government or other related person for the purpose of executing business
services in new country effectively. This kind of contract helps business organisation to establish their
business activities in effective manner.
For example: In order to serve best services to tourists in other countries, Thomas Cook have made
contract with local tour operators. Under this contract, they have signed some agreements related to
provisions, kind of services like pick and drop services from airport, visiting places, accommodation etc. and
in exchange of this the company will share its profit with contractee (Local tour operator).
Consumer protection legislation are formulated by authorities for safety and security of rights and interests of
people. Different laws and rules are frame which tour and travel firm require to follow while conducting
business. This helps customers to prevent themselves from getting violated by travel agents. Management of
Thomas Cook require to consider consumer protection legislations which are stated below:
Trades Description Act, 1968: This law is formulated in respect to prohibiting travellers from misleading or
false practices of pricing of items and services. Trading Standards officer is given duty to check whether supply
of luggage is proper or not. This helps passengers to get appropriate accommodation and facilities from
Thomas Cook.
Consumer Protection Act, 1987: This is another law which is formulated by government to secure rights of
clients. It is seller and manufacturer duty to provide appropriate information to buyers in respect to products, its
features and other attributes. They require to take care of health and safety of people. Fraud, unfair trade
practices and product liability are various issues which are faced by customers. Thomas Cook is travel agency
which provides facilities to travellers in respect to accommodation, transportation, etc. They require to inform
passengers about services for making their experience wonderful.
Package Holidays and Package Regulations, 1992: This act define that organisation should provide
appropriate information to buyers about rates of offerings. Thomas Cook is travel agency which provide
packages to travellers in respect to services of accommodation and many other. They require to communicate
properly about holiday package for making them avail in according to their needs and income
.
Consumer protection legislation in relation to travel and tourism