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consumer protection
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Presented By-
Ayush Sharma
1832801014
BBA 5th sem
The Legal and Regulatory framework of Travel industry: Consumer Protection
Introduction
- The legal and regulatory framework of the travel industry and provides regulation for the development of the travel industry.
- The consumer is also protected through the various provisions and also gets compensation when they are traveling through the different means of transport, they get various rights and liabilities under the various provisions of the acts.
Need for Consumer
Protection??
- The main aim of the Consumer protection act is to protect the consumer interest who is engaged in the business dealing by purchasing and selling the goods.
- There are various provisions which are related to the prohibitions of the goods, services, accommodation and other facility which is provided in the trading.
- It also prohibited the false misleading information about the price of the goods and services.
- It is the offense under the trade description act 1968 if any individual provide the misleading information about the goods and services.
- Criminal penalty has been imposed and it is enforced by the Trading standard Officers, and it is the offense if the trader make these offense.
- 1. Pass any false information.
- 2. The goods are supplied which are known that the goods are not fit and satisfactory quality.
- 3. The goods are supplied on which the false description of the goods has been applied.
Consumer Protection Act 1987
The consumers are protecting under this act when they buy and sell the goods and services.
For instance the manufacturer is under the liability to put the safety message on the goods and services. It covers the wide ranges of issues like fraud, unfair business practice and product liability and other business activities.
This act protects the public through the:
1. If any goods which is not fir or not satisfactory quality then the supply of the good is prohibited.
2. The goods which is defective in nature, it is also prohibited.
3. The local council has also power to seize the goods which are not safe.
CONTRACT
Contract is that in which two parties are enter in to the contract in which legal rights and duties are created and this type of agreement is enforced by the court
NECESSITY OF THE CONTRACT
1. When travel company and traveler are enter in to the contract then both are legally bound each other.
2. The travel company is also able to demand the payment from the traveler under the terms and conditions of the contract, but the company has to fulfill his promised.
3. The contract laid down the various terms and conditions on which the contract is made by the travel company.
4. The terms and conditions of the contract must be communicated to both parties.
The price of the holiday package is also mentioned in the contract, if consumer is not satisfied then consumer withdraw the contract without any penalty.
Essential Elements for Valid Contract
- Offer
- Acceptance
- Consideration
- Intention
- Certainty
- Capacity to contract
OFFER:
- The first essential elements for the valid contract under the contract act 1950.
- If any person makes offer then it is necessary that it is accepted by the offeree.
- The offer must be communicated to the offeror must be clear.
- The party which makes offer is the offeror, and the party
- who accepts the offeree.
- For making the offer there must be two parties or more. The parties who accept the offer are legally bound with each other in the contract.
- In travel sector both are under the contract when the tour agency gives the form for filling and signed by the tourist, then family fill the form and signed the form after reading all the term and condition then the offer is accepted by the tourist.
ACCEPTANCE:
- The person who accepts the offer is the offeree. For the valid agreement the offer must be accepted by the offeree.
- The acceptance must be communicated to the offeror in clear manner. In the holiday package contract the acceptance must be communicated to the travel agent.
- When the tourist accept all the elements, terms and condition of the contract after long discussion about the holiday and finally agreed to accept the offer then it is the acceptance.
CONSIDERATION:
- The parties who are held under the contract then they have to pay the consideration to the other party. The consideration has been paid by the parry then it is legally binding upon the party. In holiday package contract the consideration price has been paid by the consumer to the tour operator and it is in the form the price of the holiday’s package.
CAPACITY
- The parties who are entering in to the contract must be in the legal capacity, the individual must not be minor. The age of minor is below the 18 years. It is rarely occur when the contract is arise between the Travel Company and tourist.
CERTAINTY
- The contract must be certain, the terms and conditions of the contract are stated clearly in the contract and it easy to understand the contract. In travel contract the tourist who stays in the hotel have to provide the information related to the check-in and check-out date, the type of room etc.
The "Contract" which is made in the Travel and Tourism
Contracts
- Contracts in supply of goods and service:
The goods and services must be in satisfactory quality and fit for the purpose, the traveller are always expect that the goods and services are provided with the reasonable care and skill. In travel and tourist contract the holiday accommodation must be clean and repair.
- Contract related to package holidays:
holiday contract are
- Also covers all the conditions of the like other contracts. The holiday description has been given in advertisement, or brochure,conditions is also mentioned.
- The location and name of the hotel must be mentioned.
- The terms or conditions which are mentioned in the contract are known as the express term.
- The price which is mentioned in the advertisement must be included with the GST.
- The price of the room must be displayed at the reception.
- The details like meal, single occupancy and other is mentioned.
- If any extra charge is imposed upon the use of the payment by card or any cheque then it is also mentioned.
- If any bar is in the room and any extra charge is imposed then also indicated.
- Any other material information.
Law for Safeguarding the Rights of Tourists
Laws
- No Central Tourism Act or Tourism legislation has been formulated by the Government of India. However, the National Tourism Policy has been formulated in 2002 for development and promotion of tourism sector which also contains basic principles for safeguarding the interest of tourists and tourism agencies.
- These principles include:
- Government led, private sector driven and community welfare oriented actions
- Sustainability
- Earmarking a section of State Police to act as Tourist
The Ministry of Tourism has taken following steps/initiatives for safeguarding the interest of tourists and tourism agencies:
- Adoption of code of conduct for Safe and Hon’ble Tourism.
- Grant of Central Financial Assistance to the State Governments of Rajasthan, Uttar Pradesh and Andhra Pradesh for setting up of Tourist Facilitation and Security Organization (TFSO) on a pilot basis.
- Issue of Guidelines on Safety and Security of Tourists for State Governments/Union Territories and Tips for Travellers in September 2014.
- Formulation of a voluntary scheme for granting approval to hotel projects and classification of functioning hotels under Star System from the point of view of their suitability for international tourists.
- Formulation of a voluntary scheme of approving Travel Agents, Tour Operators, Adventure Tour Operators and Tourist Transport Operators to encourage quality, standard and service in these categories.
- The launch of a 24x7 Toll Free Multi-Lingual Tourist Helpline in 12 Languages including Hindi & English on the toll free number 1800111363 or on a short code 1363 offering a “multi-lingual helpdesk” in the designated languages.
- Issue of advisory to State Governments/UT Administrations for creation of Tourist Police.
- Besides the above, under the provision of Consumer Protection Act, a consumer can make complaint in any Consumer Court depending on the geographical and pecuniary jurisdiction, about any defective goods or deficient services which also includes tourism services.
Safety,security and Health
Safety
Tourism safety and security
- Safety and security have always been indispensable condition for travel and tourism.
- But it is an incontestable fact that safety and security issues gained a much bigger importance in the last two decades in tourism.
- Due to terrorist acts, local wars, natural disasters, epidemics and pandemics, that we were witnesses to, security has signi-ficantly decreased.
components
- Political security,
- Public safety,
- Health and sanitation,
- Personal data safety,
- Legal protection of tourists,
- consumer protection,
- safety in communication,
- Disaster protection,
- Environmental security,
- Getting authentic information,
- Quality assurance of services etc.
Laws related to Tourism
1) Environment related
• The Indian Forest Act
• The Wildlife Protection Act
• The Forest Conservation Act
• The Air Prevention and Control of Pollution Act
• The Environment Act
• The National Environment Tribunal Act
• Coastal Zone Regulations, etc.
2) Monuments
• The Ancient Monuments Act
• Regulations made by the Archaeological Survey of India
• Guidelines issued by the Ministry of Culture, etc.
Laws related to Tourism
3) Accommodation
• The Sarais Act
• Department of Tourism Regulations for Categorisation of Hotels, etc.
4) Protection of Tourists and Health
• Indian Penal Code
• Consumer Protection Act
• Prevention of Food Adulteration Act, etc.
Similarly, the transportation system is governed by various laws, rules and regulations. However, these laws and regulations vary statewise.
For example, the taxation on tourist coaches, their permit fee, etc. varies from state to state.