LAW 2114/2050: Consumers and the Law - Law Assignment Help
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In January 2019, two sisters, Amara and Sarita, use the money from a small inheritance to book a holiday with Super Travel, a UK-based tour operator. They book a 14-day holiday to Canada during July 2019, costing £6000 in total. The holiday they buy from Super Travel includes international flights, car hire, accommodation and a range of different excursions and activities. One of the excursions is a guided wildlife watching speedboat trip. The excursion is to be provided by a local Canadian wilderness company, Bear Tours.
In preparation for the holiday, on 1 February 2019, Amara uses her credit card to buy a pair of good quality walking boots for £105 from Hiking Direct, a small independent outdoor equipment store in the local town centre. At the same time, Sarita buys a lightweight Waglite torch for £35 from Hiking Direct. Waglite is a UK company that imports the torches from Malaysia.
On 14 April 2019, during a weekend in the countryside, Amara wears the boots for the first time and the sole of one of the boots becomes to come away from the bottom of the boot. Amara takes the boots back to Hiking Direct. Hiking Direct offer to give Amara a new pair of boots, but she wants her money back. Over the same weekend, Sarita lends her new torch to their friend, Joanna. The torch suddenly shatters while Joanna is holding it, causing Joanna to cut her hand.
Sarita and Amara go on their holiday on 15 July 2019. The wildlife watching speedboat trip takes place on 25 July 2019. During the trip, it becomes apparent that the guide is not familiar with the speedboat, the local waterways or the wildlife. He struggles with steering the speedboat properly. The boat suddenly collides with a rock. Sarita and Amara are both unharmed, but they become very worried and ask to end the tour immediately, even though they are only halfway through with another hour and a half to go. Feeling very shaken up, that evening, they send Super Travel an email to complain about the tour. They do not get a reply.
After they get home, Sarita and Amara contact Super Travel to complain about the wildlife boat tour. The travel company says that they are not responsible for the actions of Bear Tours. They point to a section in the contract Sarita and Amara signed with Super Travel when they booked the holiday, which states that: ‘All activities on our holidays are provided by independent suppliers. For the avoidance of doubt, all activities are undertaken at the customer’s risk and Super Travel is not liable for the actions, negligent or otherwise, of any independent activity suppliers’.
Advise Sarita, Amara and Joanna about their rights, if any, under UK civil law in relation to the walking boots and the torch, and against Super Travel Limited with respect to the wildlife boat tour. Also advise regarding any possible criminal liability in relation to the torch only.
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