Law and Ethics in tourism

Authors Avatar

To discuss about if Mary is right or not in this case it is necessary to analyze the Package Travel Regulations.

According to Holiday Law: The law relating to Travel and tourism book (Grant, D., Mason, S. 2007) a contract is an agreement that the law will enforce. Before the contract is made the two parties must provide each other with something of value. There must be actually an agreement, if the parties have not come to an agreement then there will be no contract. In a contract the consideration by the client would be the payment for the holiday and the consideration by the tour operator would be the provision of the holiday itself. The consideration needs not actually be exchanged for the contract to be binding it is sufficient that each party has promised to provide the consideration in exchange for the other promise.

Before 1992 there was no such requirement for package holiday contract and it was possible to make contracts without putting them into writing.

A valid contract must have an offer from one side and acceptance of the offer from another side.

An acceptance is the unqualified agreement to the terms of the offer, that means that the acceptor, having received the terms of the offer, is equally prepared to commit himself and does so simply by agreeing, without any strings attached, to what the offeror propose.  

Join now!

In terms of a package holiday contract that if a client, after long discussions with his travel agent about all the details of a holiday, finally agrees to buy the package offered this will amount to an offer and if the operator replies that is willing to sell it to him this will amount to an acceptance and from that moment a contract exists.

In our case when John offered to Mary a holiday package she was not satisfied with price. That mean that they did not have an agreement.  

   Regulation 9 of the Package Travel Regulations ...

This is a preview of the whole essay