Business Law This Document Contains Legal Advice Essay
- Length: 6 pages
- Sources: 6
- Subject: Business
- Type: Essay
- Paper: #99989610
Excerpt from Essay :
This document contains legal advice made on request of Zmags, an Australian Holiday Brochure. Paper covers the customer law, contract law and other legal issues as found in the brochure for Coasts and Bays. The brochure claims to make the holidays 100% rejoicing for the clients and to offer them a lifetime experience. The brochure offers guidelines about the travel routes as well as the resorts. There are legal concerns involved in the advertisement made by any company. Often an advertisement campaign is too tempting or misleading that the customer's rights are violated. Australia has strict laws against the rights of customers that are almost universally applicable in all the states and regions of the country. The report advises what to include or exclude from the report to make it legally effective.
The consumer law of Australia generally bans all the misleading activities in the business and trade. It does not allow deceptive advertisement or claims that cannot be fulfilled. The consumer is offered the rights to have conscious information about the terms of the business deal. The business deal should not involve an unfair element that misguides the consumer party. The manufacturer of the product or the provider of the service is bound to offer information about risks involved with handling (Griggs, Webb, Freilich, 2008). The consumer is thus protected in Australia from any kind of deception or fraud. In this perspective, natives as well as foreigners are included. The consumers are offered safety rights against products as well as services thus no unsafe item can be sold if it is in the knowledge of the manufacturer but not the buyer. The manufacturer can be charged against the unsafe or misleading practices in the court of Australian law.
The Australian contract law is a customized from of English contract law. The law suggests that while making any contract, the parties involved must follow the six guidelines of agreement, consideration, capacity, intention, formalities and certainty. The Agreement demands that all the involved parties should agree to the terms of contract. In this perspective, it is the liability of the product or service provider to clearly mention the terms. The other parties are considered to have agreed to the terms if they sign the contract since it is their responsibility to read the terms. The law also demands that the contract should be made on the basis of reasonable Consideration. The rights of consumer as well as producer should be provided and nobody should receive less for offering more rather deal should be justified. This consideration should be based on Capacity of both the parties. The involved parties should have Intention to enter the deal legally and not to commit fraud. The terms of agreement should be formally discussed. Nothing should be based on assumptions. The contract should be finally certain and complete and there should be no un-dealt legal concern.
Information in Zmags
The brochure Zmags offers information about the places and spots that can attract the attention of the visitors. Minute details are offered on the travel, stay, transport and the fun facilities. The pass prices are separately mentioned for different days and for people of different ages. There are pictorial and verbal information available on the fun and amusement rides for families as well. The brochure also offers details about the fun and haunted chambers along with their fares and discounts. One can find that a multiple day trip becomes economical for a family since it cover more entertainment at larger discounts. Following section covers the package analysis in the light of legal guidelines to ensure that customer and consumer law is abided by.
The company offers transport (air travel and car) to individuals and families as well as it provides details on fun and amusement prices. The Child's one way and return air fare is half the fare of an adult. Children in age group of 3 to 13 are charges half prices while kids with less than or equal to 2 years of age are allowed free. The company should include if the prices are competitive or premium. The travel prices must match the services offered. The company should ensure if it offers food and drinks as a part of package or separately. The consumer can use the receipts as the legal tool against the company anytime thus the prices should be competitive (Australian Competition and Consumer Commission, 2013). The prices of the passes are half for children than the adults and somewhere more or less than half. The company should shd light why there is difference in these amounts. The family package should guide the conditions. For example, it should clearly state if the family size is limited or not.
Potentially unconscionable Material
The wildlife sanctuary section in the brochure mentions that the children between age of 4 and 14 are charged 33 AUD while the adults are charged AUD 49. It should be illustrated why is that so. The children get half the ticket for all other items but here they are charged almost two-third. The company should make it clear why the discount policy is differently adopted for different entertainment items since the policy should be either justifiable if separate for different items or logical
(Khoury and Yamouni, 2006).
Potentially Misleading Material
The Brochure claims to offer dinning "something for all" in the restaurants and the bars. This however can be misleading for the customers that have health issues. The brochure can clarify that the visitors with ailments or allergies can first check out the dining details from the resorts since they may not find something of their interest so that they may bring food for them. The Australian consumer Law demands to be clear and understandable so that the customer is not misled (Bradbury, 2010). Thus the details about dining should either not claim to cover all the visitors or take in to account that the allergic and diseased people will also be taken care of the distance from the place of stay (hotels) to the tourist spots should be elaborated in terms of kilometres or miles as well as the time. This is important because the KM distance is often misleading because of the traffic issues or the condition or steepness of roads. The routes should be well defined so that the customers not only keep in mind how many places they can visit in a day but also so that they can assess if they are paying reasonably in response of what they will get. The customer should feel satisfied after paying the amount and this can only happen once he pays after having full knowledge what he is getting and then consents (Carter and Harland, 2004).
Potentially false representation Material
The contract law demands that the customer should know what he or she is paying for (Carter and Harland, 2004). Product or services, the customer should know what they will receive after paying quite a reasonable amount. In service industry like the holiday brochures that offer tourism guidelines, the customer is told about the services they have probably never availed before. Thus the company should try to offer as much correct information as possible. It should try to avoid illustrations that are not based on actual facts. Thus, photoshoped and graphically designed pictures should be avoided. These pictures often let the customer assume that they are visiting a different place than it actually is. Therefore, the dreamlike picture included in the brochure that are computerized and not actually taken from the site mentioned should be excluded. This is like making fake promises about places that actually do not exist or are only planned for future.
The apartments that the brochure mentions seem alike from outside but offer different rentals. The company should clarify why that is so. Sometimes the apartments are charged differently on the basis of the services or quality of services included. In this particular case, all the apartments seem to offer more or less same services (other than that the most expensive apartments offer spa as well). The company should mention if the difference is based on the distance from source to destinations or simply the quality of services. The brochure should also include what transport services are available from each separate apartment and put light on why the free term is applicable to children below age of two at some places and children below age 3 at the other.
Potentially bait advertising
The brochure pictures the crocodile express zoo adventures by featuring adventures of late Steve Irwin. The adventurer was once a living legend and now a sad memory for his fans. He was courageous enough, yet experienced, to danger his life by surrounding self with crocodiles. However, this might be too tempting for the visitors (Griggs, Webb, Freilich, 2008). An average visitor is not experienced enough to tackle how to have a croc express experience. Thus, the brochure needs to highlight two important legal issues: