Analysis of the Brochure for a Company Called the Explorers - Case Study Example

Name Course Tutor Date Introduction to Business Law Brochures can also be called pamphlets or leaflets that help businesses to advertise their services and products (Eldridge 2012, p. 178). The brochure used in the case is for a company called the Explorers that promises a solar eclipse expedition that took place in March 2006. The consumers were promised an eight-day Mediterranean Cruise. The price range included about 995 pounds whereby the programme entails Athens, Santorini, Magna, the Sahara Desert, Leptis Magna, Apollonia, Heraklion, Tripoli, and Cyrene. According to the brochure, the African continent whereby people could observe the solar eclipse for about four minutes. There are several terms and conditions, warranties, and representatives provided by the brochure and will be analyzed in the following paragraphs. When a person purchases a package holiday, the law demands tour operators to utilize reasonable skills and care when arranging holidays. The holiday should a) Match its depiction: This indicates that all the information represented in the brochure or provided by the tour operator or travel agent should accurately presented. For instance, the given brochure states that visitors will be treated to an expedition to six islands with everything cared for by the company. Therefore, this should be so. b) Should be of a sound standard, considering, for instance, the charges paid and the location. For example, visitors do not expect a budget-priced holiday to have similar standards with luxury holidays. Nevertheless, whatever the holiday’s price, visitors would like basic hygiene standards to apply. Terms and Conditions The brochure encourages its clients to choose their travel arrangements by making provisional reservations mostly for about seven days. The booking forms should be finished and signed by a person with 18 years and above. The signed booking must be sent to the company together with the deposit or full payment if the booking is to occur within seven-weeks prior to departure. The main reason for the brochure to stipulate the age required for booking is to ensure that children avoid taking trips without supervision from their parents or assigned tour operatives. A minimum of eight weeks booking period prior to departure is issued to ensure that travelers have time to consult about their voyages. The company allows booking to be carried out through the internet, over the telephone, email, or any other electronic media that would provide the booking company with the booking individuals’ information. However, the brochure stipulates that insurance premiums are payable during the booking time for people wishing to buy insurance offered by the company. Binding contracts between the travelers and the company materializes after the traveler receives booking confirmation (Khoury and Yamouni 2007, p. 190). These conditions of booking form the contracts’ bases. The Explorers Travel Club Limited director can decide to change the contract, which is governed by the English regulation. In addition, it is subject to the exclusive Wales and England Courts’ jurisdiction. Unfortunately, transportation delays such as flights can occasionally take place. However, the company cannot allow any liability related to delays beyond the organization’s control or losses and expenses incurred. Based on the insurance policy terms taken out by the traveler, a client can seek out payment of such losses or expenses alongside delay compensation from the insurance company. The company fails to accept earning loss liability or substantial business losses from delays. Instead, clients are advised to take appropriate insurance policies that cover losses. Suppliers are also given terms and conditions for their services especially hoteliers, coach operators, and airlines. These conditions often restrict the liability of the suppliers to clients according to the applicable global conventions. Despite the conditions provided to the consumer, there are several regulations that protect them from extortion. The Package Travel Regulations 1992 is the utmost advancement in the Australian Consumer Law implemented for clients’ protection. The rules described how contractual parties can be recognized and then explain at the information given to the client on the contract. Regulation Two identifies a “Package” as a pre-arranged set of about 2 elements that when sold or given for sale should be at a comprehensive price. Therefore, clients signing a contract with over 24 hours or overnight accommodations have accommodation, transport, or tourist services. Therefore, Regulation two allows this type of booking to be carried out via the internet and still attracts the consumer protection regulation. The rules also state that different accounts submission for diverse elements should maintain the arrangement as a package. Two, although a set is arranged after a consumer’s request and according to his or her particular instructions, it should be treated as a pre-arranged package. The contemporary agreement is that these holidays qualify as Package Holidays and until the Package Travel Directive states otherwise, the interpretation remains. However, this explanation is not applied in other nations other than the Australia. The brochure follows Regulation 5 that organizers to offer clear and legible information. This entails information, which offers accommodation details. Retailers and organizers that fail to print brochures with clear and legible information can become subject to fines. The tour operator in this case ensures that consumers receive contract copies as required in Regulation 9. The contracts have information such as accommodation prior to departure. The brochure constraints the organizer as required in Regulation 12. Organizers are restricted prior to the departure to change considerably a significant contract term like the price, which is also allowed by Regulation 11. The organizer can then inform the consumers to ensure that they take the correct decisions and particularly to withdraw from the agreement without any penalty or accepting a contract rider denoting the changes created and their price impact. Then the consumer must inform the retailers and organizers of their decisions promptly. Warranty The brochure has laid out all the information that consumers must know about the expedition. The brochure pledges to offer consumers an 8-night cruise to view the solar eclipse from March 2006. The Eclipse Cruise was to take place for nine days for an amount of 995 pounds. It promises to take the consumers to Libya’s cities such as Tripoli and Benghazi; Greece cities such as Piraeus, Santorini Island, and Heraklion. The second warranty includes special requests whereby consumers are required to notify the company in written form during the booking process. On the contrary, the company regrets its failure to provide special requests, which does not qualify as a contract infringement. It also states that special request confirmation given to suppliers or through an invoice or other documentations does not mean that the company will meet the request. The brochure properly stipulates all the services provided by the service provider. One of the most unconscionable ideas provided by the leaflet is the fact that the company fails to accept liability related to delays. It is apparent that this condition is unreasonable because some of the issues that people face are unavoidable. No one can predict whether his or her vehicle will breakdown causing delays. Therefore, the tour operator should amend such a regulation to ensure that clients do not suffer from inevitable mistakes. The other unconscionable stipulation in the brochure is the fact that even after receiving a special request document such as the invoice; the company fails to guarantee such service. When consumers make request on particular products or services, they require to be given in full. This also ensures that the company receives more clients even during the off-peak seasons. They also ensure that the company creates loyal clients rather than losing them to their competitors. The brochure has bait advertising, especially on the eclipse watching. It has explained the eclipse in several parts. However, although the company may try to convince people about the great time they will have while watching the eclipse, it is not a guarantee that such parts will appear during the day. Secondly, it is not a guarantee that the names countries will experience the eclipse at the stipulated time. People enjoy receiving gifts and prizes and although the brochure does not provide any of them, it convinces people of great experiences. This is an important aspect in most brochures because people tend to concentrate on what is being offered. It should create an image in the consumers’ minds in order to attract them. Other people may prefer detailed leaflets about a company advertising for its services because they want their money to be worthy of the cruise. The brochure provides a legible, accurate, and comprehensible price. After confirmation, the holiday’s price can be augmented if the conditions of booking stipulate that it is acceptable and the augmentation is significant because of increased transportation expenses; taxes or cover charges for services like landing charges; or exchange rate variations. A contract that permits an increased price, the initial two percent should be taken by the tour operator (Barnett 2003, P.123). If the augmentation is important, the consumer must be provided a chance for holiday cancellation. However, price increase should not be communicated in a month prior to departure. In case a package holiday is cancelled and the booking had been confirmed, refund is important without paying the cancellation charges. Sometimes, the tour operator may decide to offer another holiday destination, where the consumer has the right to choose whether he/she wants it or not. The substitute holiday must fit similar standards with the previous one in case the consumer decides to take it. When a tour operator significantly increases the holiday’s charges, the law stipulates that the client can choose to pay the whole amount but ensure that he/she do so “under protest” and afterward claim a fund repayment believed to be unreasonable. The law provides consumers the ability to receive compensation when a booking is established. Compensation is entitled if a) A contract was infringed that for instance holiday outcomes was disastrous or significant departure dates alteration (MacDonald 2007, P.156). However, a compensation claim is not allowed if conditions were not within the control of the operator, for instance, continuous rain or b) Negligence by tour operators and because a person on holiday get injured, ill, or incur losses. However, it is important to obtain legal counsel prior to deciding on accepting personal injury compensation or not. c) In case a person looses his/her luggage. This is easier via an insurance company d) After incurring added expenses or went through inconvenience due to a contract infringement, for instance, a delayed flight or e) When a consumer suffers psychological distress or suffers disappointment. Compensation amount would rely on the gravity of the contract violation where one may be able to claim more or less compensation for the ruined holiday (Carter and Harland 2004, p.209). The law clearly stipulates that travelers have rights too and after deciding the rights consumers must contact tour operators or travel agents. Tour operators’ deal with most complains because they sign most contracts with consumers. Even when third parties cause most of the problems, for instance, hotel employees, the tour operators can also be liable, particularly if they knew about the matter and failed to remedy it. Some of the legal regulations stipulated by the law include; a) Complaining immediately the issue arises. It is important to collect enough evidence such as photographs or witnesses’ addresses and names and backup such information with documentation to the operator in a span of one month. b) The consumer must report to the tour operator in case of dissatisfaction. The response to the credit card company and the tour operator must be in writing. The matter most be solved in a fortnight. A consumer can receive a compensation cheque and in case the funds are not sufficient, it is important to express that he/she accepted the cash “on account.” It also important to not cash a cheque that stipulates “encashment is deemed acceptance” since in accepting such an offer means that it’s an absolute settlement. c) It is important to know whether a tour operator is registered to a trade organization. These associations operate a conciliation and arbitration services when resolving disputes although charges are required. d) The last step is to choose a court in case a tour operator fails to respond or when it makes an absolute offer that the client is not willing to accept. However, it is important to know whether the available evidence is sufficient prior to deciding on a court settlement. Reference List Barnett, RE, 2003, Contracts. Hoovers: Aspen Publishers Carter, JW and Harland, DJ, 2004, ‘Contract Law in Australia,’ 4th ed., Chatswood, N.S.W: Butterworths Lexis Nexis. Eldridge, K, 2012, The Best of Brochure Design 11, Beverly, MA: Rockport Publishers Khoury D & Yamouni, YS, 2007 ‘Understanding Contract Law,’ 7th ed., Chatswood, N.S.W: Butterworths Lexis Nexis. MacDonald, KE, 2007,. The Law of Contract. Oxford, United Kingdom: Oxford University Press. Read More