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    CPA Provisions Re Non-refundable Deposits & Cancellation Fees – The Application Of Section 3: Purpose & Policy - March 10 2016 [280]

    This section strengthens the suggestion in the previous article that the common law is alive and well namely the choice of words addressing consumer behaviour:

    • encouraging responsible and informed consumer choice and behaviour’ [Section 3 (1)(e)]
    • the development of a culture of consumer responsibility’ [Section 3 (1)(f)]

    What is the benefit for suppliers?

    It means that a consumer cannot act recklessly and without due regard (i.e. irresponsibly) to common law principles discussed in the first article (i.e. the buyer and signatory beware) & then ‘rely on/call upon’ the CPA to ‘rescue’ him/her. However care should be taken by the supplier when dealing with consumers that fall into the following categories [Section 3 (1)(b)]:

    • low-income persons or persons comprising low-income communities;
    • live in remote, isolated or low-density population areas or communities; 
    • seniors or other similarly vulnerable consumers;

    Whose ability to read and comprehend any advertisement, agreement, mark, instruction, label, warning, notice or other visual representation is limited by reason of low literacy, vision impairment or limited fluency in the language in which the representation is produced, published or presented [READ WITH SECTION 40 (2) RE ‘UNCONSCIONABLE CONDUCT’]

    ‘WHAT TO DO’ GUIDELINE

    • Be aware of your rights as a supplier in the CPA
    • Know your traveler i.e. have they travelled before/to that country/destination; have they participated in the activity/rented a car; are they seniors, low-income & possible illiterate persons with special needs/language barriers?
    • ‘Walk’ the traveler through the documents & travel experience
    • Slow down – don’t rush the sale!
    • Get the traveler to acknowledge the explanatory discussion & issues addressed by signing or at least initialing relevant clauses/travel guidelines

    Source: Louis The Lawyer

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