Consumer Travellers Vulnerabilities And Travel And Tourism Contracts
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Author | : Maria Goretti Sanches Lima |
Publisher | : Springer |
Total Pages | : 240 |
Release | : 2018-11-03 |
Genre | : Law |
ISBN | : 3319983768 |
The book highlights the link between consumers and travellers, identifying the meaning of vulnerability in Brazil and the EU. It also covers different types of contracts for tourism and travel services, including online booking processes. Only after 2015, as a result of the directive on package travel and linked travel arrangements, did the EU begin viewing travellers as consumers in the sense of Union Consumer Law; conversely, in Brazil, the traveller has no legal status whatsoever and is considered solely a consumer. As the traveller is implicitly a consumer he/she is subject to vulnerability. However, the definition of vulnerability differs considerably between Brazil and the EU: while in Brazil it is a principle stemming from the Consumer Defence Code, covering all consumers, in the EU vulnerability is not an established principle. In the EU, although the average consumer is assumed to be reasonably well informed, observant and circumspect, they are also recognised as the weaker party in the contract. That recognition does not fit with the notion of "confident consumer". Vulnerable consumers in the EU are those whose individual characteristics, such as their age, physical or mental infirmity, or credulity, make them particularly susceptible to unfair commercial practices. Conversely, in Brazil these consumers are seen as being hyper-vulnerable, rather than solely vulnerable. In this context, travellers are in a weaker position than regular consumers buying goods or services, because they are outside of their domicile or jurisdiction for a brief or extended period of time. This book examines two types of traveller vulnerability that make travellers, particularly international ones, a special type of consumers: 1. External and 2. Legal (jurisdiction). Travellers’ vulnerability mainly stems from consumers travelling to different markets and different cultures. As such, they are subject to different laws that require special global attention. While both the EU and Brazilian system have their respective advantages and disadvantages, the goal of both must be to further increase protection for travellers, including business travellers. In consumer societies, the traveller is indeed a consumer by logical causation and hence a “special consumer”.
Author | : Maria Goretti Sanches Lima |
Publisher | : |
Total Pages | : |
Release | : 2016 |
Genre | : |
ISBN | : |
Author | : Dan Wei |
Publisher | : Springer Nature |
Total Pages | : 466 |
Release | : 2020-11-27 |
Genre | : Law |
ISBN | : 9811589488 |
This book covers technologies that pose new challenges for consumer policy, creative developments that can help protect consumers’ economic interests, innovative approaches to addressing perennial consumer concerns, and the challenges entailed by emerging ways of creating and delivering consumer products and services. In addition, it reflects on past successes and failures of consumer law and policy, explores opportunities for moving consumer law in a different direction, and discusses potential threats to consumer welfare, especially in connection with the changing political landscape in many parts of the world. Several chapters examine consumer law in individual countries, while others have an international focus.
Author | : Sara Landini |
Publisher | : Springer Nature |
Total Pages | : 186 |
Release | : 2021-10-14 |
Genre | : Law |
ISBN | : 303083140X |
This book addresses the various sustainability issues that the tourism industry has faced over time like the trend from over-tourism to under-tourism or from tourism in increasingly distant destinations to a new local tourism with new needs. It also highlights how contracts, both between businesses and those with consumers, can represent tools for the financial, ecological and social sustainability of the tourism industry.
Author | : Claudia Lima Marques |
Publisher | : Springer |
Total Pages | : 472 |
Release | : 2017-07-14 |
Genre | : Law |
ISBN | : 331955624X |
This book reflects the research output of the Committee on the International Protection of Consumers of the International Law Association (ILA). The Committee was created in 2008, with a mandate to study the role of public and private law to protect consumers, review UN Guidelines, and to model laws, international treaties and national legislations concerning protection and consumer redress. It has been accepted to act as an observer not only when the UNCTAD was updating its guidelines, but also at the Hague Conference on Private International Law. The book includes the contributions of various Committee members in the past few years and is a result of the cooperation between the Committee members and experts from Australia, Brazil, Canada and China. It is divided into three parts: the first part addresses trends and challenges in international protection of consumers, while the second part focuses on financial crises and consumer protection and the third part examines national and regional consumer law issues.
Author | : Josep Maria Bech Serrat |
Publisher | : Springer Science & Business Media |
Total Pages | : 207 |
Release | : 2012-05-26 |
Genre | : Law |
ISBN | : 3642278876 |
New rules on distance contracts provided for the Consumer Rights Directive of 25 October 2011 do not apply to package holidays or contracts falling within the scope of the Timeshare Directive. Moreover, contracts for passenger transport services and contracts for the provision of accommodation, car rental, catering or leisure services if the contract provides for a specific date or period of performance are not covered by some of these rules. Yet measures aimed at protecting the consumer when a contract is concluded via the phone, the Internet, by mail or other means of distance communication play a role in tourism. This book helps readers to navigate through uncertainties in travel contracts regarding information requirements, the right of withdrawal or providing alternative services. Findings reveal that consumer acquis is inadequately adapted to the features of the tourism industry when an optional instrument based on the Draft Common Frame of Reference might be used in the future.
Author | : Bahaaeddin Alareeni |
Publisher | : Springer Nature |
Total Pages | : 585 |
Release | : |
Genre | : |
ISBN | : 3031674340 |
Author | : Christian Twigg-Flesner |
Publisher | : Edward Elgar Publishing |
Total Pages | : 603 |
Release | : 2016-09-30 |
Genre | : Law |
ISBN | : 1782547371 |
The Research Handbook on EU Consumer and Contract Lawtakes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. This major Handbook brings together contributions by leading academics from across the EU on the latest developments and controversies in these important areas of law. The Handbookis divided into three distinct and thematic parts: firstly, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU consumer law, including the consumer image within EU law, information duties and unfair contract terms. The final part focuses on a number of important subjects which remain current in the development of EU contract law and presents a number of innovative solutions to the challenges presented in parts one and two. This timely and insightful Handbook will provide both a comprehensive survey of this area of law for the novice researcher and fresh food-for-thought for scholars who have been researching this area of law for many years. Contributors include:E.A. Amayuelas, H. Beale, J.M. Bech Serrat, C. Busch, R. Canavan, P. Cartwright, O.O. Cherednychenko, G. Comparato, G. Cordero-Moss, A. Cygan, L. Gillies, M. Graziadei, M.W. Hesselink, G. Howells, C. Mak, V. Mak, H.-W. Micklitz, B. Pozzo, P. Rott, J. Rutgers, J.M. Smits, Y. Svetiev, E.T.T. Tai, C. Twigg-Flesner, W.H. van Boom, J. Watson, F. Zoll
Author | : Thomas John |
Publisher | : Edward Elgar Publishing |
Total Pages | : 544 |
Release | : 2020-12-25 |
Genre | : Law |
ISBN | : 1788976509 |
This comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH). Written by international experts who have all directly or indirectly contributed to the work of the HCCH, this Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law.
Author | : Fatima Zahra Fakir |
Publisher | : Taylor & Francis |
Total Pages | : 149 |
Release | : 2024-10-22 |
Genre | : Business & Economics |
ISBN | : 1040257828 |
This timely and innovative book presents a critical exploration of how blockchain technologies may be useful in enhancing the sustainability, viability, and social responsibility of the tourism and hospitality sectors. A key component of many contemporary financial structures and exchanges globally, this volume explores the international scope and application of blockchain within the tourism and hospitality industries, including varied and illustrative case studies from the vibrant streets of Tokyo to the serene landscapes of New Zealand. This book traverses diverse destinations to showcase the transformative power of blockchain in shaping travel experience, including insights into booking platforms, payment systems, loyalty programs, smart contracts, automation, and security issues. Strategic guidance for leveraging blockchain to address industry-specific challenges, maximize emerging opportunities, and promote transparency, trust, and sustainability is provided throughout. This volume is a pivotal resource for students, scholars, and academics with an interest in digital innovation and analytics, new technologies in tourism and management, big data management and contemporary issues in marketing and management. The book may also be of professional interest to tourism and hospitality managers, marketers, consultants, and advisors.