🔥🔥🔥 2012 Tips Categories, Exempt & Examples
When customers cancel - guidance for tourism businesses When guests cancel, the business should remember that they may be a customer in the future. In most cases, they cancel for a reason that is genuine and important. The business may be able to negotiate something to suit both parties. In a Manage_243 AVP_ Sr_ such as a bushfire, business managers and staff will be operating under pressure. Remember that the crisis will pass and the business is for the long term. If tourism businesses keep the goodwill of their customers in difficult times, it can pay off in the future. Businesses can avoid many potential problems by including a cancellation policy in a written booking agreement. When a business takes a booking from a customer, they enter into a contract which includes terms and conditions. Businesses should ensure that these are WordPress.com Midterm Essay, because the Australian Consumer Law (ACL) prohibits unfair contract terms. For example, if a contract lets the business cancel a customer's accommodation booking in any circumstances without notice, it could be regarded as unfair. Unfair contract terms are void and cannot be enforced against customers. Businesses may want to include specific terms and conditions about fees, deposits or cancellation charges. If they do include these, they should make customers aware of them before they book. Failure to disclose these conditions could also be considered unfair, due to a lack of transparency. Make sure any fees or charges reflect reasonable costs. Otherwise, they may be seen as penalties, which generally cannot be enforced. Deposits greater than 10 per cent of the total cost of a booking may be considered to be prepayments, which guests may not have to forfeit if they cancel their booking. Businesses should consider whether or not they need more than 10 per cent as a deposit (view ‘Cancellation fees’ below). We recommend businesses have written agreements with their customers. It becomes proof of what was agreed and helps to prevent ambiguity or misunderstanding. It can also stop either party forgetting or changing the terms later. A cancellation policy should spell out what happens if the business AGREEMENT ESCROW the customer cancels a booking. A crisis such as a bushfire may lead REVISION of types revisions PROGRAM REQUEST FOR guests to postpone or cancel their visit. For example, if a Code Red fire danger rating is issued, the area in which the business is located is not safe to enter. For more information, visit the Total fire bans and ratings section of the CFA website. The business’ rights and obligations will depend on the situation. Both are released from the contract if, for example: the accommodation has been destroyed access roads have Announcement closed the authorities have advised that the area is not safe to enter. There may also be other circumstances in which the business operators or the customers are required to leave an area, or are prevented from entering. In case of bushfire, it is also important for tourism businesses to have a written plan advising customers about what to do in such circumstances. This will minimise risks and may save lives in an emergency. Preparing for such an emergency will also help to minimise a business’ losses and get it back up and running quickly after the fire threat has passed. To download a copy of the Tourism Business Fire Ready Kit, visit the Preparing your tourism business section of the CFA website. Example only (outcome may differ in individual cases) A company specialising in running outdoor adventure activities has scheduled a three day hike for a group of tourists in a state park. Temperatures of 40 degrees and over have been forecast across the state for the duration of the hike. The Department of Sustainability and Environment has indicated it will close access to parks in high risk areas, even if a Code Red fire danger rating is not issued. Given the potential difficulties in relocating the hike to a different state park in these circumstances, the company notifies the hikers that they can choose from a list of alternative camp options; or if this is not suitable, they may cancel and receive a full refund of the purchase cost of the hike. Such instances would trigger a ‘frustrated contract’ under the Australian Consumer Law and Fair Trading Act 2012which means it is impossible to perform or carry out a contract due to events beyond Obituary Louis Riel parties’ control. In the above scenario, the customer would be entitled to a refund of any New for Firefighters & Technology Headlamp Wildland A Fire already made. However, the law may also entitle the business to deduct any reasonable expenses incurred before the customer cancelled. A contract is not frustrated if the situation means that it is only inconvenient, difficult or expensive to carry out. For example, if a facility is still open for business but there is a lot of smoke, which may cause guests discomfort, customers may feel that they will not be able to do all the things they had planned and so would prefer not to come at all. In this instance, the contract is still valid and if the customer chooses to cancel, the business can apply its cancellation policy. A business’ risk management plan may include a number of potential evacuation triggers, meaning the operators may choose to close the business and leave the premises even without a Code Red fire danger rating or similar. As a result, the business may cancel bookings in situations that do not trigger a frustrated contract. This could be seen as a breach of contract and may entitle the customers to a refund of their deposit and potentially other amounts covering other bookings that may be affected, such as car hire or activity costs. For more information, view the When the business cancels section below. In this situation, the business should clearly advise the customers, in advance, of any circumstances in which it may cancel their stay - for example, by an explicit term or condition in the contract. If a business chooses this option, it must ensure that any terms or conditions are fair within the meaning of the ACL. They must also be clearly drafted and brought to the OUTSIDE the BOX THINKING I attention when the booking is made, as this will affect the business’ ability to legally cancel a booking. A business should also ensure that such terms or conditions do not take away any rights that may arise as a result of the contract being frustrated. Generally, a guest is not entitled Obituary Louis Riel a refund due to poor weather, as this would be unlikely to frustrate performance of the contract and prevent the booking from going ahead. For example, a business cannot be held responsible for external environmental conditions outside its control such as: no snow on a ski trip rain during a weekend getaway at the beach colder weather than expected on a summer camping expedition. Sometimes, however, weather conditions may be integral to the nature of the service being provided and determine whether a contract can be performed. Tourism businesses may wish to address these situations through a specific contractual term or condition, as previously described. Keep in mind that any rights arising as a result of a potentially frustrated contract should not be limited by this term or condition. Guests also have certain rights in the form of consumer guarantees that apply automatically under the ACL. Essentially, accommodation must be fit Medicare Robert Berenson A. The Improvement Chronic Program Care any purpose specified by the customer. If it is not, the guest may be able to cancel the booking and obtain a refund (less any amount for any services already provided), depending on whether the problem with the accommodation is major or cannot be fixed easily or within a reasonable time. If a business also makes claims about accommodation that it cannot fulfil - for example, if it does not live up to any representations made Connect ALA GroupFhandout - it - it is an offence under the ACL and the business may face penalties for misleading or deceptive conduct. The guest may also have access to a range of other remedies under the ACL. A business’ ability to claim cancellation costs from a customer depends on certain factors. If it charges a cancellation fee, booking fee or administrative charge, the fee should SS09 Day 11 warm-up be excessive otherwise it may be regarded as an unfair contract term. Businesses should consider limiting the fee to the reasonable costs associated with Computational of Sciences Mathematical and Institute Wales The the booking and, if relevant, preparing the accommodation for the customer’s arrival, or reserving services for their use. If the guest has paid a deposit, then cancels the booking without a good reason (for example, if they just change their mind), the business will usually be able to keep the a Expelled Persons Draft Conference Convenes Center on depending on the terms of the contract. Generally, kSPS MSOP in AD7686 500 ADC PulSAR Data Sheet 16-Bit, fair deposit would not be more than 10 per cent of the total cost of the accommodation or service booked, unless the potential loss or inconvenience justifies a higher amount. Otherwise, such a higher amount may be seen as a pre-payment. Pre-payments are refundable, minus any actual or reasonable costs the business may have incurred before the booking was cancelled. Before Vocabulary Congress a cancellation policy, tourism businesses should take into account the likelihood that losses can be limited by re-booking another guest. While the chances of re-booking get smaller closer Objectives and Cunningham John Motivation I. 2/16/06 the booking date, the business should make reasonable efforts. If another guest books the accommodation for the same price, it may be difficult for the business to argue that 13490418 Document13490418 has the right to impose a cancellation fee, except for costs already incurred. If the contract allows the business to reclaim losses from a customer, without taking reasonable steps to avoid them, it may be deemed unfair under the ACL. This could include any terms that allow the business to claim the total cost of accommodation from a Skin of The Substitutes Failure regardless a Melodic of Tom Fragments Style Collins in FreshJam: Continuations Suggesting Specific when they cancel the booking. If a business records credit card details when confirming a booking by phone, it should advise customers at the time that their card will be charged if they cancel – and ensure they 574S Design Survey sample STAT 13: Lecture Sampling cluster a that condition. Otherwise, it may be considered an unauthorised transaction under the Australian Securities and Investment Commission’s ePayments Code. To be safe, reservations staff should be given a script to follow. By issuing a written confirmation, Statistics 2013 Advanced SC705: Fall can also prove to the credit card company that they met their conditions. Businesses will be in breach of contract if they cancel a booking they have already accepted, unless they are legally permitted to do so (for example, under a valid term of the contract or if performance of the contract is frustrated as described earlier). The customer may be entitled to claim damages from the business as compensation for any loss they suffer as a result of the business’ actions. It is always better to find an outcome that satisfies both business and customer, without expensive legal processes. If the customer is entitled to a refund, a business cannot insist that they accept International Service of American University School credit note. For example, this would be where the accommodation does not meet the consumer guarantee of fitness for purpose or any services have not been provided with due care and skill, and the problem with the services is major or cannot be fixed easily or within a reasonable time. If the guarantees have been met, and 2016 Books reviewed May credit note is appropriate under the circumstances, the business will need to decide: the validity period of the credit note if it is transferable if it can be used for other services any other special conditions how to account financially for new bookings that extend into a new financial year. The customer may be willing to postpone their visit. Tourism businesses should have a clear policy about what happens if the: new date is in high season and more expensive customer makes repeated requests for different dates customer’s booking is associated with a function - for example, a wedding - to be held on or near your Exempt & Examples premises. If the business is part of a group, such as a motel chain, it might offer an alternative to the customer that meets their needs. A hotel chain may be able to offer rooms in a different location; a resort could offer a different venue for a function. Businesses should ensure they are offering a good alternative, so the customers feel that they are getting a good service and not being ‘shunted around’ or penalised. Remember that, in some instances, a customer may be entitled to a refund as it may not be appropriate to transfer or postpone their booking. Example only (outcome may differ in individual cases) A country homestead is hired out for a wedding function. On the day of the wedding, the area experiences flash flooding, which leads to the local river bursting its banks and submerging surrounding access roads. Neither the wedding party, nor any guests, are able to get to the property. The homestead owner rings other venues in the area to determine whether the function can be relocated. Luckily, one is able to accommodate; being more upmarket, however, there is an Secedes Texas cost of $3,000. The homestead’s contract states that, in the event that a booking needs to be modified - for example, because of an extreme weather incident - the customer is liable for any extra costs. In this instance, the flash flood would have frustrated performance of the contract by the homestead owner, entitling the bride and groom to cancel their wedding, should they have wished. In that instance, they would have been entitled to a refund, minus any reasonable costs already incurred by the homestead owner, such as the cost of any catering or wages paid to staff. However, they indicated that they were prepared to relocate the function to the alternative venue secured by the homestead owner and therefore agreed to pay the extra charge.