Sun Lover Brochure Package Analysis - Case Study Example

Sun Lover Brochure Package Analysis Introduction Advertising and marketing have always played a large role in the various business setups that can be found within an investing world. The need for these particular elements in order for a venture to grow cannot be understated and thus a lot of focus has been put on them by the different parties involved. The main groups that are involved in the functioning of advertising and marketing can be classified into three major categories,the advertiser, the audience and the external regulation regime. The last category is not directly involved in the dealings of the former two, but it plays an essential role in ensuring that related activities are able to take place within a fair playing field. A regulatory system ensures that those with the upper hand in influential and economic terms are not tempted or able to take advantage of those who may be in a weaker position. There are a number of groups that are able to play this particular role and the most common of these include the regional government and NGO establishments that have been set up for monitory and sometimes lobbying purposes with the aim of ensuring the consumer’s safety(Ritvo and Albano, 2011). The sort of danger that the aforementioned groups tend to focus their strengths on does not only involve physical peril but these organizations aim to protect against all manner of unwarranted repercussions that a consumer may potentially fall trap to. The judicial system is also part of this external regulatory system and through the various laws that have been put in place, it is able to play its role in the maintenance of a fair and conflict-free environment. Some of the laws that can serve as an example include sets like contract and consumer laws that have been put into play for all parties involved in marketing and advertising(Wilson, 2000). It should be noted that these laws have not been set up to protect the consumer solely. The various laws regarding standards of advertising and marketing have been put in place in a bid to protect all parties from probable harm or potential liability. The probable harm may come in physical, psychological or even emotional form and can be a solid foundation for a lawsuit for example if the seeker has enough evidence to quantify their claims. Such actions could put a business in an economic rut that may be difficult to emerge from in terms of financial capability and the health of their public image. The study of a brochure package allows one to determine the various strategies that are factored in by the advertising and marketing sector and to determine whether those said strategies are acceptable. This acceptability is not only measured in terms of legalities but can be weighed with regard to the potential repercussions (that is, repercussions unrelated to the judicial system) that could befall a business as a result of their actions. The Sun Lover Brochure provides a prime example of the issues that are dealt with in advertising and marketing with regard to their legal relations. Key Information The Sun Lover Brochure is a packaged advertising system that includes a variety of options that an individual is able to choose from. The brochure boasts a wide display of alternatives that are supposedly formatted according to a person’s taste and thus ensuring that there is an available option for all types of people who may enjoy different types of activities. The proposed destinations range from beach resorts and luxurious villas to quiet cottages and roughhouse camping set in the midst of wildlife scenery for the adventurer’s enjoyment. The information on the brochure is offered in the form of images of picturesque locations and flowing prose on the beauty, fun and enjoyment to be had at that particular destination. Additionally, there is a short list of the available highlights of that destination such as the activities and utilities available (for example horse riding lessons and spas) and an overall price of what a general package would cost an individual or a larger group of people should they choose to visit there. It should be noted that these prices are a developed assumption by the advertiser based on the basic costs of general stay and may not necessarily include other private expenses such as transport and extra food consumption in between dinners. The brochure points its main focus on visual representation as seen in the size and large number of pictures that have been used throughout the whole publication. A significant part of the key information provided can be found at the bottom of every package holiday description in smaller font detailing the dates on which the above-mentioned offers are valid. These dates have been communicated in short clipped speech and have been designed to take up as little of the space on the page as available. It should also be noted that the font is also faint and has been set against what can be described as an undistinguished background compared to the rest of the information that is available in the publication. The final terms and conditions and other additional information is found at the end of the brochure on the last pages. Critical Analysis A closer look at the Sun Lover brochure can reveal a number of worrying issues as well as some areas that can potentially be improved upon through little changes made on factors such as the presentation. In a bid to fully explore the potential of accurate results, the analysis will need to be viewed from all angles of the law. This is to say that the main judicial regulations that have been established with regard to this particular issue will need to be compared with the final presentation of the brochure. The three legal elements that are involved in the determination of such an analysis include case, contract and consumer law(McKendrick, 2007). Case law refers to the previous trials that have taken on a particular issue and the deciding rule that came about on that particular occasion. This in particular can be used against large businesses by individuals who may wish to take advantage of a similar situation that may have happened to them. Contract law basically states the rules and expectations that are to be followed by parties involved in a legal agreement such as the various terms that may make such an agreement binding by law(Andrews, 2011). Consumer law is also known as consumer protection and as the name states it was developed to ensure that unsuspecting individuals would not be duped or forced to accept the consumption of below par goods and services. The main representation of the brochure has been developed to portray a source for a large variety of alternative holiday options available to different individuals across the globe. The use of large pictures filled with bright colors that catch the eye are used to focus the attention of the reader on the attractive highlights on the page rather than the information itself. The use of these picturesque images may not be illegal, but there is a potential for consumer liability in the means of representation portrayed by the words printed on the publication. For example, the brochure introduces itself as a one-stop browsing spot for all types of tourists who may choose to visit Australia. However, upon further inspection of different elements such as the price it can be stated that members of the lower economic stratosphere have not been catered for at all. This revelation directly clashes with the images that the company is trying to portray (that is, the image of an organization that caters to all classes of people). As such an individual denied access to these locations through what might even be nothing but a string of unfortunate circumstances, is able to make a claim involving the existence of a bias with regard to the clientele welcomed by said destination. This is not only a legal complication but could serve as a huge blow to the public image of the company which could be reflected in a drop in profit margins. An argument for false representation could also be gleamed from the statements printed on the publication implying that it is designed to cater for all types of individuals no matter their tastes or economic capabilities. Though large companies may be able to fight off such frivolous claims with ease, the level of attention that can be garnered from such a situation is not always positive towards the business end of things (Carter and Harland 2004). Consumer laws protect individuals from issues such as false representation, and even an unofficial group is capable of doing great damage to a business’s image should they decide to publicize the matter. From a legal standpoint, the terms and conditions may protect the company from any change in the offer stated in the brochure due to unforeseen circumstances(Rose, 2003). However, it should be noted that the strength of that protection can be wavered in particular areas where for example certain occasions are briefly listed within the terms and conditions. The existence of a particular example in such cases can set a precedent on which one is able to argue the particular direction that such protection was attempting to take(Khoury and Yamouni 2006). If an argument for such a direction can be found, then a counterargument stating the clients coming to harm via a different path can be developed leaving the company weak to prosecution. Another weak point that can be found in the Sun Lover brochure package presentation involves the lack of sufficient warning against the potential dangers in the various packages on offer. This is one of the main threats to such a company as the lack of sufficient information can be seen as an effort to keep potential consumers out of the loop of what could very well be lifesaving or at the very least essential information(Parry, 2008). The types of danger that is present may vary from place to place and on different levels thus such a brochure may require different and personalized warnings for such places. A good example would be the waterside resorts where in some regions going out too far into the body of water be it a lake or an ocean may result in dangers such as wild animal attacks that put an individual’s life in peril. Since the brochure package technically is mainly advertising a service, the main type of warranty available involves the refund of any money that may have been paid by a consumer beforehand for an experience they are no longer able to access. The money refunded back is less any charges that may have been accrued in terms of service fees and such. This could be a potential means for prosecution depending on the particular situation at hand. It should be noted that most sectors that are designed to protect an advertiser from losing too much money, may also act as a source for the development of an argument by the opposition(Martin and Turner, 2005). There is an offer of a potential gift for those who decide to take on one of the packages available on the brochure involving a free stay and club resort and spa as well as a scenic flight. These gifts are also subject to change depending upon the time of booking which allows the advertiser to legally control the resources in this sector. Conclusion The Sun Lover brochure package is well developed and contains an aesthetic value to its design but there are still small bits and parts that can be changed or subtly maneuvered to give the company a better foundation to rely upon from a legal standpoint. These changes can be implemented in the delivery of the words used in describing the offers available on the brochure. An additional of extra data such as any potential dangers that may be faced in certain regions would also guide a company towards legal safety(Anderlini, Felli and Riboni, 2008). The delivery of information such as potential dangers will not only legally protect the company from any liability but will also go a long way in fostering the relationship between them and their clientele. Bibliography Anderlini, L., Felli, L. and Riboni, A. (2008).Statute Law or Case Law?.München: CESifo, Center for Economic Studies &Ifo Institute for economic research. Andrews, N. (2011). Contract law. Cambridge: Cambridge University Press. Carter and Harland, (2004) Contract Law in Australia, 4th ed., Butterworths Lexis Nexis. Khoury&Yamouni, (2006) Understanding Contract Law, 7thed., Butterworths Lexis Nexis. Martin, J. and Turner, C. (2005).Consumer law. London: Hodder& Stoughton. McKendrick, E. (2007). Contract law. Basingstoke: Palgrave Macmillan. Parry, D. (2008). The yearbook of consumer law 2009.Farnham, UK: Ashgate. Rose, F. (2003).Commercial & consumer law. Oxford: Oxford University Press. Ritvo, E. and Albano, J. (2011).Advertising law. [Boston, MA]: MCLE. Wilson, L. (2000). The advertising law guide. New York: Allworth Press. Read More