At the court of appeal on 18th October 1972 the original judge was criticised for under valuing the loss to the plaintiff from the breaches. Lord Denning MR stated,.
"the travel agent made clear by their lavishly illustrated brochure with its ecstatic .
text that what they were contracting to provide was not just the basic travel,.
accommodation and food, they assured a great time'."".
(swarb/legislation 29/11/03) .
The judge therefore awarded a sum of general damages for all the breaches of contract and misrepresentations. Order: Appeal allowed.
.
Legislation laying down minimum standards of safety, health and welfare originated in the UK over 100 years ago, but enforcement of these duties was rarely carried out. Throughout all industries increasing pressure has been placed on employers to ensure the health, safety and welfare of their team and so in 1974 UK Parliament passed the Health And Safety At Work Act etc 1974.
"The Health And Safety At Work Act etc 1974 imposes a general duty on .
employers to ensure, so far as is reasonable practicable, the health, safety and .
welfare of their employees and to carry out their business in such a way that persons.
who are not employed by them but who might be affected by the carrying on .
of their business, are not exposed to risks to their health and safety."".
(Stranks, J. 1990).
The general purpose of the Act is principally to prevent accidents. This is achieved by making breach of its requirements a criminal offence. .
The scale and nature of the tourism industry makes it essential for such legislation to be enforced. The Act protects both tourism employees and tourists. In an industry that trades on creating experiences, fun, relaxation and a host of other pleasures, the need to protect tourists from coming to harm is essential in order to retain this thriving industry.
An example of a tourism provider which failed to comply with the Act is Trevella Caravan Company Ltd.
