Contract Legislation and Consumer Protection in UK Travel and Tourism

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Contract legislation in relation to travel and tourism customers
As a travel consultant in Trailfinders, a UK based travel agency it has been noticed that
travel assistants require proper knowledge and awareness regarding the contract
legislations and consumer protection laws in the country. The line manager of Trailfinders,
therefore, wants to make sure that travel assistants acquire the necessary knowledge for
avoiding any kind of conflict with the clients during the booking process or even after
receiving services from the agency. In the travel and tourism sector operations are
supposed to be regulated by the law. This is due to the fact that this industry deals with
consumers and they need equitable and fair practices. As noted from the case study, one
consumer was not happy with the service provided to him in Spain by a travel assistant of
our agency. However, the travel assistant was unable to deal with the situation and was
clueless when the consumer complained about the issues. This could have been avoided
if the travel assistant would have known about proper legislations in the tourism section.
The legal principles helps in ensuring that both the seller and buyer of services, as in this
case tour packages, are protected from unsafe or illegal practices. Contract legislation
can be defined as a law that requires the involvement of two or more person to come for
an agreement. This way the provider of services and the receiver becomes bound to
each other. If an opposite party can prove the point that their rights have been violated
and the contract has not been followed then they will receive compensation from the
opponent. In this case, the travel assistant can be sued for breach of contract. In case of
travel agencies, in UK these are regulated by (ABTA) Association of British Travel Agents.
The law of Contract is to be formed in order to carry out a legal relationship. The
Exclusion Clauses are controlled by Unfair Contract Terms Act 1977. In case of tourism
sector, contracts are usually related to package holidays, food standards, maintenance of
minimum standards of the resorts or hotels.
Contracts for supply of goods - In the travel sectors, the tour operators, hotels, cruise lines and
airlines are considered as the suppliers. The travel agencies are obliged by Package Tour
Regulations 1992, Package Travel and Package Holidays. It provides information to the consumers
(tourists).
Contracts for provision of services- For tourism services, the individual making reservations has
the responsibility of maintaining compliance with provisions of the contract. The customer has to
pay 55% of total price of the trip and the remaining is to be paid after the initiation of the trip.
Contracts related to package holidays- The contracts for package holidays involves Package
Tours Regulations (1992) and Package Travel and Hotel Proprietors Act (1956).
Valid contracts- A package can be considered as a holiday package only when at least 2 services
have been incorporated in it. This is in accordance to the Package Holiday Regulation 1992.
Unfair contracts- Under the Consumer Contract Regulation 1999, the terms are likely to be fair
and realistic. This regulation is in place to regulate the contract between consumers and the
business.
Consumer protection legislation in relation to
travel and tourism customers
I n the travel sector, it is necessary to operate under
the Consumer Protection legislation because
vulnerable consumers and travel agencies need
protection while making transactions. There is
certain relevant information which is to be provided
to the tourists under this regulation-
The Reg5 supplies a brochure that consists of clear
information regarding the tourist destination,
transport facilities and accommodation type
(category, location). Information regarding meals
and programme are also given in the brochure. For
non-compliance, a fine of £ 5000 is imposed upon
the retailer or organiser (tour operator).
The Reg6 affirms that the brochure should not
consist of any form of misleading information.
Reg7 states that consumers should receive relevant
information regarding visa and passport needs,
health formalities, repatriation.
Reg8 states that consumers should receive
information about local representatives present in
the tourist destinations and transport engagements as
well.
The Reg7 and Reg8, if not followed leads to a
criminal offence and a maximum amount of £ 5000
is charged by the Magistrates Court.