Legal Advice Regarding the Goforit Case - Essay Example

Q1: I would like to have a copy of the brochure as proof of starting on with the case; do you have the brochure and the booking receipt from Goforit?

This question is my starting point for the research, as documentation is an important part of the evidence I have decided to collect the basic documents and start with the research report.

Q2: Where did you learn about this tour operator and the tour package?

The source of this information will give me insight into the authenticity of this tour company and its tours.

Q3: Did you find out the details about the coach that was going to be your instructor?

Q4: Did you find about the nutritionist who was going to prepare your meal plans?

Q5: Can you name the food provider for the Go Active tour, which the tour company will use for your organic food?

Getting the details from questions 3-5 will give me an idea as to how well inform the client is about the tour package that he paid for.

 Q6: What was the actual date of the tour plan and how long did you plan to stay at the tour, did you arrive on time at your tour destination?

Sometimes the clients alter the dates and I need to know whether 23rd May 2011 was the date decided for the tour or not. This will make my case stronger if the dates match.

Q7: Who did you speak with for making all the arrangements?

Q8: How did you inform the tour operator regarding your vegan daughter? Was it done in writing or through the phone?

Getting the personalized details will increase the accountability factor for my research.

Q9: Have you ever made travel plans before?

The details from this question will help me evaluate my client’s experience regarding his traveling experience.

Q10: Upon your arrival, whom did you speak with regarding the current situation?

Again a personalized view will help me get to the matter in person with the individual responsible for the management of the tour.

Q11: What action do you wish to take regarding this matter, can you reschedule or do you want a refund?

Before going into the legalities, I want to know the client’s viewpoint so that after doing the legal research I can advise the client accordingly.

Legal Research Report

Studying the case in detail, I would like to advise the client on the following legal steps that he can advise homemaker regarding his claim against Goforit:

According to the law on package holidays the Goforit can be sued for their actions. “The tour operator is responsible for anything that goes wrong in the hotel or other accommodation and during transfer and has to compensate the customer for any faults.” (Dale 2005)  According to this law, the brochure providing is not mandatory. However, if a brochure is provided the client can use it in order to sue the tour operator. As Goforit provided a formal brochure and did not provide the things promised the client can sue it for the financial loss and the loss of disappointment.

Also, the traveling law states that the client should provide healthy and security details to the tour operator. In our case, the client provided information about the vegan daughter which was not acknowledged by the tour operator. The client can use this information as another obligation not met by the tour operator hence making their case stronger.

The tour operators have an indefinite liability regarding the health and safety of their travelers. The Goforit did not make arrangements for the required food sources, thus not meeting the health requirements for their guests. Also, the tarnished picture of the tennis court and the resort put forward security issues for the guests too. The client can hence use these offenses as claims against their case for the Goforit.

Letter to the Client

Subject: Legal Advice Regarding the Goforit Case

Respected Sir,

I have studied your case in detail and have assimilated all the information that you have provided to me.  This strength of this case from your point of view is high because most of the points go in your favor. As a legal advisor, I would like to mention the legal points that you can use regarding your claim against the tour operator Goforit. The laws and regulations regarding the travel and tour operators and packages have been regularly monitored and updated by lawmakers. This lawfully covers travelers and tourists and has many clauses to protect them from the fraudulent practices of the tour operators.

Firstly, your need to ask for the license and registration of your tour operator, there have been cases where people were trapped in the ‘too good to be true’ travel packages of unlicensed tour operators. After that, Goforit can be sued for the promises they made but did not honor them. In this case, our case is very strong because of the brochure provided by the operator. We have concrete evidence regarding the promises they made but failed to deliver them.