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Internet Law. Essay

2832 words - 11 pages

Suncosta Travel[1] Since Suncosta specialise in extreme sports they would like to limit their liability in event that one of their clients sustains an injury. However Under the Unfair Contract Terms Act of 1977 liability for negligence resulting in death or personal injury cannot be excluded or restricted by contract. This is under section 2(1) of the act.As in the case with BANKERS INSURANCE CO LTD v (1) PATRICK SOUTH (2) MARK IAN GARDNER (2003)The first defendant's underwriters were not liable to pay damages for injuries caused to the second defendant as a result of a Jet Ski collision between the parties. The exclusion of injury caused by a jet ski would have been understood by any reasonable insured person that taken the trouble to read the policy and was unaffected by the unfair terms in consumer contract regulation 1994.However they exclude or restrict liability for other loss or damage resulting from negligence only if the exclusion clause satisfies the test of reasonableness. Which is also said in the Unfair contract Terms Act of 1977.In the Package Travel Regulations 1992 it is also said in part 15(3) and (4) that you cannot limit your liability limit for death or personal injury. However you can limit liability for other loss or damage resulting from the non-performance or improper performance of the services involved in the package provided that limitation is not unreasonable. For example in the case of BALRAM SINGH v LIBRA HOLIDAYS LTD (2003)2. A holidaymaker who was severely injured when he dived into the shallow end of a hotel swimming pool whilst under the influence of alcohol failed to establish that the tour operator was responsible for the accident since it was due to negligence of the holiday maker since there were warning signs in the pool area.Also Sue would like to put this information at the end after the confirmation booking on the website as she does not want potential clients to be put off by the disclaimer. By doing this it means after the client has made the contract under the Consumer Protection (Distance Selling) Regulations 2000 The buyer has the right to receive clear information about goods and services before deciding to buy. Therefore all information about the holiday must be given before the customer accepts the offer. So therefore this cannot be done.The seller must provide clear and comprehensible information to enable the consumer to decide whether to buy. This must include:·the seller's name and, if payment is required in advance, his/her postal address·a description of the goods or services·the price including all taxes·delivery costs where they apply·arrangements for payment·arrangements and date for delivery·the right to cancel the order·how long the offer or the price remains validAs well as this after the consumer has made a purchase a confirmation must be sent. This can be via e-mail, letter or fax etc.The consumer should also have up to 7...

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