A legal analysis and improvements of force majéure clause in package holiday contracts: between travel agents and holidaymakers / Ahmad Afiq Hasan

Package holiday contract is projected into an uncertain future where even the best laid plans can go awry. Given the intangible nature of package holiday, and its complexity, reliance on the English doctrine of frustration of contract, in some circumstances, could be impracticable and inequitable...

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Main Author:	Hasan, Ahmad Afiq
Format:	Thesis
Language:	English
Published:	2017
Subjects:	Civil law Conflict of laws
Online Access:	http://ir.uitm.edu.my/id/eprint/19511/ http://ir.uitm.edu.my/id/eprint/19511/2/TM_AHMAD%20AFIQ%20HASAN%20LW%2017_5.pdf

id	uitm-19511
recordtype	eprints
spelling	uitm-195112018-10-29T08:15:37Z http://ir.uitm.edu.my/id/eprint/19511/ A legal analysis and improvements of force majéure clause in package holiday contracts: between travel agents and holidaymakers / Ahmad Afiq Hasan Hasan, Ahmad Afiq Civil law Conflict of laws Package holiday contract is projected into an uncertain future where even the best laid plans can go awry. Given the intangible nature of package holiday, and its complexity, reliance on the English doctrine of frustration of contract, in some circumstances, could be impracticable and inequitable to both outbound and inbound holidaymakers and travel agents. To secure the economic interest of both parties, industry practice is to pray in aid of the flexibility accorded by force majéure clause in the event of inevitable cancellation of package holiday and variation of terms in package holiday contracts. However, regulated force majéure clause in standard form outbound holiday contracts resulted to unfair circumstances which must be faced by both the outbound holidaymakers and travel agents in many aspects. On the other hand, inbound travel agents freely construct force majéure clause to be too broad to cover many types of events and the resulting consequences of the events are, sometimes, unfair to holidaymakers. By employing qualitative research method, the research analysed the shortcomings of the out-dated Tourism Industry (Tour Operating Business and Travel Agency Business) Regulations 1992, the Consumer Protection Act 1999, the unregulated inbound practices of force majéure clause and the proactive approaches adopted by the European Union member states, the United States, the United Kingdom, Australia, Canada, New Zealand and Hong Kong. The primary objective of the research is to propose an improved framework on the application of force majéure clause in holiday package contracts in view of the legal complications of the regulated outbound package holiday contracts and the unregulated inbound package holiday contracts. Based on the theory of good faith, the proposed framework for force majéure clause provides greater consumer protection of holidaymakers while securing sustainable travel agency business in Malaysia. 2017 Thesis NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/19511/2/TM_AHMAD%20AFIQ%20HASAN%20LW%2017_5.pdf Hasan, Ahmad Afiq (2017) A legal analysis and improvements of force majéure clause in package holiday contracts: between travel agents and holidaymakers / Ahmad Afiq Hasan. Masters thesis, Universiti Teknologi MARA.
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Teknologi MARA
building	UiTM Institutional Repository
collection	Online Access
language	English
topic	Civil law Conflict of laws
spellingShingle	Civil law Conflict of laws Hasan, Ahmad Afiq A legal analysis and improvements of force majéure clause in package holiday contracts: between travel agents and holidaymakers / Ahmad Afiq Hasan
description	Package holiday contract is projected into an uncertain future where even the best laid plans can go awry. Given the intangible nature of package holiday, and its complexity, reliance on the English doctrine of frustration of contract, in some circumstances, could be impracticable and inequitable to both outbound and inbound holidaymakers and travel agents. To secure the economic interest of both parties, industry practice is to pray in aid of the flexibility accorded by force majéure clause in the event of inevitable cancellation of package holiday and variation of terms in package holiday contracts. However, regulated force majéure clause in standard form outbound holiday contracts resulted to unfair circumstances which must be faced by both the outbound holidaymakers and travel agents in many aspects. On the other hand, inbound travel agents freely construct force majéure clause to be too broad to cover many types of events and the resulting consequences of the events are, sometimes, unfair to holidaymakers. By employing qualitative research method, the research analysed the shortcomings of the out-dated Tourism Industry (Tour Operating Business and Travel Agency Business) Regulations 1992, the Consumer Protection Act 1999, the unregulated inbound practices of force majéure clause and the proactive approaches adopted by the European Union member states, the United States, the United Kingdom, Australia, Canada, New Zealand and Hong Kong. The primary objective of the research is to propose an improved framework on the application of force majéure clause in holiday package contracts in view of the legal complications of the regulated outbound package holiday contracts and the unregulated inbound package holiday contracts. Based on the theory of good faith, the proposed framework for force majéure clause provides greater consumer protection of holidaymakers while securing sustainable travel agency business in Malaysia.
format	Thesis
author	Hasan, Ahmad Afiq
author_facet	Hasan, Ahmad Afiq
author_sort	Hasan, Ahmad Afiq
title	A legal analysis and improvements of force majéure clause in package holiday contracts: between travel agents and holidaymakers / Ahmad Afiq Hasan
title_short	A legal analysis and improvements of force majéure clause in package holiday contracts: between travel agents and holidaymakers / Ahmad Afiq Hasan
title_full	A legal analysis and improvements of force majéure clause in package holiday contracts: between travel agents and holidaymakers / Ahmad Afiq Hasan
title_fullStr	A legal analysis and improvements of force majéure clause in package holiday contracts: between travel agents and holidaymakers / Ahmad Afiq Hasan
title_full_unstemmed	A legal analysis and improvements of force majéure clause in package holiday contracts: between travel agents and holidaymakers / Ahmad Afiq Hasan
title_sort	legal analysis and improvements of force majéure clause in package holiday contracts: between travel agents and holidaymakers / ahmad afiq hasan
publishDate	2017
url	http://ir.uitm.edu.my/id/eprint/19511/ http://ir.uitm.edu.my/id/eprint/19511/2/TM_AHMAD%20AFIQ%20HASAN%20LW%2017_5.pdf
first_indexed	2023-09-18T23:02:44Z
last_indexed	2023-09-18T23:02:44Z
_version_	1777418281378906112

A legal analysis and improvements of force majéure clause in package holiday contracts: between travel agents and holidaymakers / Ahmad Afiq Hasan

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