Travel Reference
In-Depth Information
retailer does fall within the scope of the Regulations.
This will certainly be the case when the travel agent
escorts his or her own tours for clients, since the
contract for the holiday is between the agent and the
customer, with no tour operator involved.
and which have been drawn up in conjunction with the
Offi ce of Fair Trading (OFT).
Contract Law
From a lawyer's standpoint, a contract is any agreement
that the law will enforce, whether in writing, verbal or
implied, i.e. assumed from the conduct of the parties.
Contracts range from the very simple, e.g. buying a
drink at a resort complex, to the very complex, e.g.
building a cruise ship. The law of contract is principally
concerned with promises that constitute part of an
agreed exchange.
Data protection
Staff in retail travel have a duty to store information
on customers safely and securely, using it only for the
purpose for which it was gathered in the fi rst place.
Like many businesses, travel agencies must comply
with the Data Protection Act, which also covers the
appropriate use of information held about members
of staff. Complying with the Data Protection Act
means following a set of data protection principles,
which include only keeping information for as long as
is necessary, making sure that it is securely stored in
electronic or paper-based form and ensuring that data
is not sold or given to another company or individual
for any purpose.
It is important to remember that when a holidaymaker
books a package holiday through a travel agent, the
contract is between the customer and the tour operator,
with the travel agent merely acting as an intermediary.
It is against the tour operator that the customer must
seek legal redress in the event of a breach of contract,
although the travel agent may be liable for any other
extras that are not part of the brochure holiday, such
as currency exchange, airport car parking, travel
insurance, etc.
Consumer protection
In addition to the Package Travel Regulations,
another important piece of consumer protection
legislation concerning travel products and services
is the Consumer Protection Act, which makes it an
offence for an organisation or individual to give
misleading price information about goods, services,
accommodation or facilities they are offering for sale.
The Trade Descriptions Act also protects consumers
against false descriptions made knowingly or recklessly
by anybody selling products and services, including
holidays and other travel products. Any description of,
for example, a hotel or resort must be truthful at the
time it was written (if circumstances change, then the
company must inform the customer of the nature of
the changes). Both Acts place a duty on owners and
operators of travel and tourism facilities to produce
brochures, websites and other promotional materials
that are not intended to deceive customers.
Trade associations
Trade associations are set up to represent the interests
of companies in a particular industry sector, for example
ABTA - the Travel Association in retail and business
travel, and ATOC (the Association of Train Operating
Companies) in the rail industry.
Weblink
Check out this website for more
information on the Association of Train
Operating Companies (ATOC).
www.atoc.org
Many trade associations draw up codes of conduct that
lay down the minimum standards under which member
companies of the association are expected to conduct
their business with customers and suppliers. ABTA -
the Travel Association is the main trade association
for all retail and business travel agents in the UK. Its
members are responsible for the sale of some 85 per
cent of all holidays sold in the UK.
Companies that are granted membership of ABTA
are required to adhere to strict rules governing their
business practice. These are contained in ABTA's Code
of Conduct, which regulates all aspects of tour operators'
and travel agents' relationships with their customers
