Terms and conditions set out what businesses and customers should expect from each other – but terms have to be “fair” otherwise they can’t be relied upon. This short film explains what makes a term “fair” or “unfair”.
Generally, contract terms and notices are unfair if they put the customer at an unfair disadvantage. The law applies a “fairness test” (PDF, 1.07MB, 2 pages) that starts by importantly asking whether the wording used tilts the rights and responsibilities between the customers and the trader too much in favour of the trader.
Our individual ‘at-a-glance’ guides provide a starting point for understanding some of the common types of terms where unfairness can arise.
As a general rule, travel business’ terms and conditions deal heavily with deposits and cancellations which is one of biggest areas that consumers’ complaints arise from.
Watch our short video below to find out why fair terms matter so much to travel businesses.
The short videos below will give a brief overview to help you review your terms and alert you to any potential problems with your terms. The accompanying links will give you more detailed written information on the particular strand of fair terms law you’re looking at.
Changing the terms of an agreement
Using certain terms that allow the business to change important details about a contract or agreement can be unfair for customers. Variations in contracts. (PDF, 741KB, 2 pages)
Deposits, Advance Payments and Cancellation Charges
Watch our explainer video on how to avoid using certain terms when taking deposits and advance payments from customers. Deposits, Advance Payments and Cancellation Charges. (PDF, 605KB, 2 pages)
Responsibility if things go wrong
Sometimes things go wrong, watch our video on terms and conditions to avoid responsibility if certain things go wrong. Take a more detailed look. (PDF, 698KB, 2 pages)
Put into practice what you’ve learned and see if you can pass the quiz. Anything less than 100% could leave your business at risk of consumer disputes.