A Package Holiday in the Maldives - Term Paper Example

Executive Summary The report analyzes a holiday package of 4 nights 5 days in Maldives by looking at the details pertaining to holiday, the different terms and representation of the package, the legal requirements of the package in relation to warranties and execution clause. It is seen that the warranties is binding on the service provider as the service provider has to provide the different inclusion which is provided and is binding on the provider. This will thereby look at ensuring that the legal actions can be taken on the service provider as the contractual agreement makes it compulsory for the person to take steps and abide by the different legal requirements of the agreement. Table of Contents Introduction 3 Discussion about package 3 Terms & Representation about the package 4 Warranties under Australian Consumer Law 6 Execution Clause 8 Conclusion 9 References 10 Introduction This report looks at analyzing a package holiday of 4 nights 5 days by looking the same from the perspective of consumer law and contractual execution. The report is divided into four parts where the first part discusses about the package; the second part discusses the different terms and representation which is provided in the package; the third part highlights the different warranties according to the Australian Consumer Law and its applicability to the given scenario; and finally the last part will discuss the execution clause and highlight whether the agreement has a contractual legal obligation or not. This will thereby help to analyze the manner in which different legal and other aspects arise while making holiday package and the different abiding rules for both the parties. Discussion about package The package which has been selected is a 4 night 5 day package tour to Maldives as it is one of the most exotic holiday destination and the preference of people to visit the place is continuously increasing. The package looks at greeting the person at Male International Airport and will be then transferred to the hotel to enjoy the rest of the time at leisure. The package doesn’t tend to include visit to different places and is optional as the person who has booked the package can visit those by paying the same at the same time (Package, 2014). The person booking for the package can enjoy different water activities like parasailing, kayaking, kite-surfing, water-skiing and jet skiing by paying the additional money directly at the site. The package has been provided for two categories of hotel which is 5 star and 4 star. Different rates have been prescribed along with the name of the hotels and the price that will be charged while flying from different destination. The package tends to include breakfast all the days and also includes lunch and dinner for specified hotels and resorts. In addition to it the return air fares are also included by the taxes which needs to be paid at the airport is separate and is not included in the package. In addition to it the package cost also includes the airport transfer cost which will be either by a sea place or speed boat depending on the place and hotel (Package, 2014). The rates also prescribe the different category of room which the person can avail and provides a complete description regarding the package. The package has been designed keeping in mind the general public but can be customized depending on the person need and requirements. The package thereby provides a lot of information and looks to tempt people towards purchasing the same by highlighting the different options and avenues which the person will be able to avail. This thereby looks to ensure that package provides maximum information and ensures different rules and regulations which are binding on the people. Terms & Representation about the package The different terms and representation which has been highlighted in the package with the complete details are as follows (Package, 2014) Terms & Representation   The package includes return air fare The package will provide accommodation for four nights   The package provides daily breakfast   The package includes return to airport either through speed board or sea plane   The package if selected for Kuramathi Island Resort will provide breakfast, lunch and dinner   The travel insurance is free and is provided by Travel Guru   The airline taxes which is approx Rs 13,000 need to be paid additionally by the passengers and will depend on the time of booking   Any other expenses like calls, laundry, tips and other will have to be borne by the passenger travelling   The rates prescribed are for twin sharing basis and is rate for each individual person   The rates prescribed and person travelling have to hold legal passport by the concerned authority   In case the passenger reaches Maldives after 1500 hours then the person will have to stay at Maldives hotel for 1 Night and will be transferred to the resort only the next day   Children below 12 years of age can spend the night in the same bed with their parents   No conditions relating to the charges regarding the child has been provided so nothing can be said about it   During Christmas Eve and New Year Eve the passengers travelling will have to have compulsory dinner   The check in time is 1400 hours   The check out time is 1200 hours   In case of early arrivals and late exit people will be provided accommodation only in case the hotel has additional rooms and is at the sole discretion of the hotel   Rates are subject to change in any case of any changes in hotel taxes , rate of exchange , transport rates , government taxes & entrance fees   In case a person books the package and cancels the package the cancellation charges will be as per the polices of the company   The site doesn’t take any responsibility regarding visas and granting of other documents as they are rights of the sovereign government but the company will assist in helping so that visas can be guaranteed   The description about the cancellation policies is not provided which makes it difficult for the person to gauge the expenses in case he doesn’t visit   The visa for Maldives will be provided on arriving to Maldives as the government provides visa on arrivals   The type of room and the hotels which will be provided is highlighted in the brochure   The cost associated with the package is highlighted and is the rate for normal season and doesn’t include peak season, Christmas and New Year   No description regarding the peak season is provided which might keep the guest in dark regarding the peak time   Thus, the package provides the different terms and representation which is bounding on both the parties but at the same time has left different areas unattended which would have helped to provide more details and would have reduced the overall risk by providing more and more information. Warranties under Australian Consumer Law Warranties are promise which is made by the person selling the product or a service, which becomes a right and can be enforced under the Australian Consumer Law. This is thereby imperative that while looking to give warranties the supplier or the producer should look at taking appropriate steps to ensure that the different warranties which have been correctly adhered. The different warranties and its applicability to the holiday package as described above are Common Warranties: This is a common warranty which is either verbally expressed or written regarding the quality of good or service which will be provided. Having prescribed the different characteristics of the package like hotel, food, car, flight and other details it becomes imperative for the service provider to provide those (Cooper, 2003). Since, those are part of the package and it a warranty that the consumer will be provided with those facilities so it is binding on the organization to provide the details of those facilities as the person otherwise can claim for a refund on those as it a warranty that the package will look to provide those details to the person who is using it. Warranty against defects: This is a warranty that provides replacement or resupplying the goods or services or compensating for the defect which has taken place. Having prescribed the different characteristics of the package like hotel, food, car, flight and other details it becomes imperative for the service provider to provide those. In case there is problem or the service standard doesn’t meet the required areas then the people has to be compensated or provided with a new room or replace the package so that the customer is able to achieve those. Further since it has been clearly mentioned in the holiday package the different things which will be included so it becomes imperative that the service provider abides with the same Warranties in plain language: This is a warranty which includes the different things which will be provided to the person and the inability of the service provider to do so would mean compensation or replacing the same. Since it has been clearly mentioned in the holiday package the different things which will be included so it becomes imperative that the service provider abides with the same (Audit Commission. 2000). The package provider needs to ensure that every details which is provided in the package is provided and is as per the prescribed words so that the person can easily accept it and don’t finds things contradicting the requirements mentioned in the contract Extended Warranties: This is a warranty which provides an extended warranty to the person and provides extended protection. Since, the holiday package ensures travel insurance it is an extended warranty which is provided. This makes it imperative that the service provider looks at providing the extended warranties as anything which is not as per the legal requirements will have legal impacts (Head, 2002). In case a mishap happens it becomes imperative that the business looks at taking steps which will be directed towards the additional insurance cover which has been provided and is binding on the organization providing it. Thus, the different warranties provide different details which the service provide needs to abide to and non adherence to them would lead towards legal effect and will have an impact on the overall business prospect. Execution Clause The execution clause states that it in contractual on the part of the service provider to provide the complete details of the different activities and inclusions which are been provided for. The service provider while looking to execute the holiday package has to abide with it as it has become a legal contractual agreement between the service provider and the receiver and it is the responsibility of the service provider to ensure that the different needs are properly adhered to (Arnold, 2008). The execution clause has a binding on even the service receiver as the service receiver cannot look for having other things which are not mentioned in the clause and will get only those facilities which are binding and has been provided (Gervais, 2006). Since, the package clearly states the different inclusions and exclusions so it becomes imperative that the different things are included in the contract so that the person who receives the same is able to enjoy the benefits which have been provided for. In addition to it the contractual agreement which has been agreed after booking the package and paying for the same is binding on both the parties. It is compulsory as per the execution clause that the person looks to provide details and ensures that the different requirements of the contract are adhered to. Conclusion The report thereby analyzes a package holiday of 4 nights 5 days by looking the same from the perspective of consumer law and contractual execution. The report has been divided into four parts where the first part discusses about the package; the second part discusses the different terms and representation which is provided in the package; the third part highlights the different warranties according to the Australian Consumer Law and its applicability to the given scenario; and finally the last part will discuss the execution clause and highlight whether the agreement has a contractual legal obligation or not. This will thereby help to analyze the manner in which different legal and other aspects arise while making holiday package and the different abiding rules for both the parties References Arnold, B. 2008. Future Directions in International Tax Reform. 5 Australian Tax Forum pp. 451- 469. Audit Commission. 2000. On target: The practice of performance indicators, Audit Commission, London. Cooper, G. 2003. Themes and Issues in Tax Simplification, 10 Australian Tax Forum pp. 417-460. Gervais, M. 2006. Effective evaluation: Issues, challenges and lessons learned from Canadian practices, AES Conference, Darwin, Australia Head, J. 2002. Tax Fairness Principles: A Conceptual, Historical and Practical Review, 9 Australian Tax Forum pp. 65-125. Package. 2014. Package Details. Retrieved on September 8, 2014 from http://www.travelguru.com/vacations/International/MesmerizingMaldives.shtml Read More