CONSUMER LAW

Consumer Law

Consumer Law

Introduction

In this essay and under the appealing title of “Holiday Law”, we pretend to focus on the legal relationship between the tour operator and the consumer - the package holiday contract -, bearing in mind though that not only does the tour operator contract with the consumer but also with the suppliers of the elements that go to make up the package: the hotelkeepers, the airlines and the transfer companies and ground operators. One of the most common means by which a tour operator can seek to reduce or limit his liability, and which forms the subject matter of this chapter, is by the use of exclusion or exemption clauses. These basically consist of terms in a contract by which one party seeks to exclude/limit/restrict his liability for a breach of contract. Exclusion clauses are typically to be found in standard form contracts drafted by a commercially stronger party and offered to a weaker party on a “take it or leave it” basis.

Consumer Law: Case Study

There is no freedom of negotiating over the terms and conditions of the contract, but mere freedom of adherence to it. If by any chance the consumer refuses and seeks a rival tour operator the most likely is that the consumer is going to be offered much the same package of terms and conditions. With regard to the scenario Alwyn and Birony wanted everything from the tourism package as agreed per contract details which was to be of the highest standard, and requested that there shouldn't be anything inferior.

A brochure issued by the defendants described the tourism experience as having all facilities for an enjoyable holiday, The Serengeti safari the vehicles for the tour were all described in a coherent manner. The plaintiff Alwyn and Birony were greatly disappointed with the experience Where a person had entered into a contract for the benefit of himself and others he could sue on the contract for damages for the loss suffered not only by himself but also by the others in consequence of a breach of the contract.

It follows therefore that the Alwyn and Birony were entitled to damages not only for the diminution in the value of the holiday and the discomfort, vexation and disappointment which they suffered by reason of the defendants' breach of contract, but also for the discomfort, vexation and disappointment suffered by his wife. In our field, the common remedy for a breach of contract is the award of damages to compensate the innocent party, v.g. the victim of the breach. For really serious breaches of contract the victim also has another remedy: the right to terminate the contract. But this can only be done when there has been a breach of condition (a major term of the contract) rather than a breach of warranty. A similar case occurred in 1951. It was Stedman v. Swan's Tours (1951) 95 S.J. 727. A holiday-maker was awarded damages because he did not get the bedroom and the ...