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law & the tourism industry

The Act legislates against misleading descriptions of all goods and services. Thus, the primary objective of the Act is,.
             "to protect the consumer from deceitful information, used to describe what a business .
             is offering for sale."".
             (Stephen John 2000) .
             There are two offences under the Act; applying a false description to goods, or trading in goods to which a false description has been applied. There is no requirement that the statement be in writing so not only could the text of a brochure amount to a false trade description but also the photographs in it and any oral statements made by staff. .
             Since the introduction of this Act consumer protection has grown steadily. Tourism providers have begun to accept their responsibility to make their statements honest, truthful and accurate. The Trades Description Act 1968 is believed to have played a critical role in raising consumers' awareness of their rights to voice complaints and be compensated whenever necessary.
             There are numerous travel cases where a prosecution has taken place as a result of failure to comply with the Act. The case of Jarvis V Swans Tours Ltd 1972 is a prime example of a consumer who was misled and deceived by a tour operator. In 1969 Mr Jarvis booked a fifteen day holiday with Swans Tours Ltd as he was much attracted to its description in the holiday brochure. Mr Jarvis went on holiday but was extremely disappointed. The plaintiff claimed that the brochure made statements which were largely inferior to what he received. Mr Jarvis took Swans Tours Ltd to court where he was awarded damages due to breaches of the statements made by Swans Tours Ltd. In order to calculate the amount of damages the Judge took the difference in value between what the plaintiff paid and what he got. The judge thought that Mr Jarvis had received half of what he paid for and so compensated him half the amount he paid. However, Mr Jarvis was not satisfied with the Judges decision and later appealed.


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