This article is written Diksha Chandok,  a student of Amity Law School.

Travel, tourism and other consultants provide an extraordinary amount of services. The objective of this is to redress consumer faster and to discuss the role of travel agent and other consultants. This industry makes its services available to the consumers and continually discovering and inventing new products so as to attract consumers and filtering or refining them to satisfy consumers.

What are ancillary services?

Ancillary services in the tourism industry are those services which are available to customers by tour guides, entertainment providers, etc. The strategies and plan is to provide services which were promised by them and if they there are conditions or situations which were not foreseeable then to make some good alternative changes.

Travel agent/agent

According to the Guidelines for recognition by the Government of India Ministry of Tourism; Travel agent/agent is the one who looks into the requirements of tickets of air, railways, passport, accommodation, and entertainment related services etc.

According to RULES AND REGULATIONS OF THE TRAVEL AGENTS FEDERATION OF INDIA travel consultants can include individual, partnership firm, association or limited company.

Legal framework for consumers

• Contract:

Is the promise a part of the contract?

• If one party makes a promise and other one relies on the former one (it can be financial assistance also) then the court will consider the promise as a complete contract.
• Are the booking conditions effective to exclude liability?

Exclusion clauses: Exclusion clauses are majorly found in contracts. These are included to exclude the right of party or restrict the rights. Illustration: if a party wants to limit his liability then he will include an exemption clause which limits the amount of damages. They usually work for the benefit of one party.

• Negligence
  The law of torts imposes such aspect, such as:
  • Harm caused due to carelessness
  • Failure to warn
  • Failure to provide a safe and secured environment
• Unfair Trade Practice and Restrictive Trade Practice

Section 2 (1) (r) of Consumer protection Act

We will discuss here the complaint of the unfair or restrictive trade practice. But before that we also need to know all things are included in unfair or restrictive trade practice.

What is unfair trade practice?

 According to consumer protection act; it refers to trade practice which promotes the sale and supply of any products or goods, but it adopts any deceptive practice or method which includes:-

• False representation in style, composition, quantity, quality, some particular standard etc.
• The above representation can be goods or services
• False representation also includes the old goods or second hand product as new product.
• A false or misleading statement is also included in this category.

In Mahomed Desai v. Manager, Delhi Travel Development Centre,

In this case, person from Durban, South Africa  came to India. He already made bookings with a travel agent (OP, who basically looks at all the travels and accomodation). The OP travel agency had already made all the bookings but despite that he paid extra and was made to stay in substandard hotel. His instructions were not followed and bookings were not made according to it. After some negotiation OP agreed to pay back some amount. But OP did not even give back the negotiated amount and this shows the malafide intention. OP duped the complainant. OP was guilty under deficiency and the Trade Practice Act:-

• OP has to return Rs. 70,000/- with 12% interest per annum from the date of agreement.
• Compensation of Rs. 1 lakh for deficiency, harassment, frustration, litigation expenses and mental stress has to be paid

Damages

When a party has breached the promise, the other one is entitled to get various remedies for the breach. Damages may include:-

• Liquidated damages: It is the amount which is specified in the contract. If one party breaches the contract, then he has to compensate the amount which is specified in the contract.
• Punitive damages: These are the damages which are imposed as the punishment of breach of contract.
• Consequential damages: These are the damages which the breaching party has to pay to the other party. This amount puts the other party in the same position as they would have been in if the contract was performed.
• Nominal damages: These are the damages which are provided by the breaching party to the non-breaching party. But this is a minimal amount which is paid.