51-75 (1+2) Tourism_&_Hospitality_Law_In_Australia.pdf - Law and Tourism CHAPTER 1 Managers employed in the tourism and hospitality industry need to

51-75 (1+2) Tourism_&_Hospitality_Law_In_Australia.pdf -...

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Law and Tourism CHAPTER 1 [1.460] 29 Managers employed in the tourism and hospitality industry need to be aware of the key components that make up the industry and the way it is structured to understand how the different legal relationships arise and their implications. Roles and responsibilities of sectors in the tourism and hospitality industry [1.460] As mentioned previously, each sector of the tourism and hospitality industry plays a different role in the provision and distribution of the tourism product, giving rise to varying legal responsibilities and duties. Without oversimplifying these roles and responsibilities, a brief description of each sector’s roles and responsibilities is outlined below (these are discussed in more detail elsewhere in this book): 1. Travel service sector – Tour operator and travel agents Tour operators and travel agents are both involved in the sale and distribution of the tourism services product. Tour Operators assemble the component parts of a package holiday including the transportation, accommodation, facilities, transfers, tours and other services. They may carry out the travel packages themselves or package them on behalf of other suppliers. They are often referred to as ‘wholesalers’ since they buy in ‘bulk’ from the ‘suppliers’ or providers of travel services, such as hoteliers and airlines, break the ‘bulk’ into manageable packages and offer the finished product as the inclusive tour for sale primarily to the retail trade, that is the travel agencies. They may also sell directly to the consumer. Tour operators, in addition to providing advice, bookings and performing the travel package components, have a responsibility to exercise due care and skill as well as performance obligations under contract law and the Australian consumer laws in the supply and performance of travel packages. 75 Travel agents, on the other hand, are viewed as the ‘retail’ arm of the travel industry as they are primarily responsible for selling the tourism product directly to the consumer. Their role is to provide travel advice, make bookings and assemble travel packages for consumers. Travel agents have a legal duty to ensure that the travel advice they provide is accurate and the booking service is performed with due care and skill. For instance, they should have thorough knowledge of the travel destination they are selling travel to, including climate, weather conditions, health and safety issues (if any), cultural sensitivities, visa requirements and so on and the different tourism suppliers services and facilities offered at the destination. They must also accurately describe these to the consumer so that at the time of booking the consumer is not mislead (see Ch 6). 2. Accommodation sector The accommodation sector consists of organisations such as hotels, motels, resorts, caravan parks and other types of accommodation that provide tourists with a place 75 ACL contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
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