Traveller vulnerability in the context of travel and tourism contracts : a comparison of Brazilian and EU law / Maria Goretti Sanches Lima.
Sanches Lima, Maria Goretti, author.
2018
K3974.T6 S26 2018
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Title Traveller vulnerability in the context of travel and tourism contracts : a comparison of Brazilian and EU law / Maria Goretti Sanches Lima.
Author Sanches Lima, Maria Goretti, author.
ISBN 3319983768
9783319983769 (electronic book)
331998375X
9783319983752
Published Cham, Switzerland : Springer, [2018]
Language English
Description 1 online resource
Call Number K3974.T6 S26 2018
Dewey Decimal Classification 343.07/891
Summary The book highlights the link between consumers and travellers, identifying the meaning of vulnerability in Brazil and the EU. It also covers different types of contracts for tourism and travel services, including online booking processes. Only after 2015, as a result of the directive on package travel and linked travel arrangements, did the EU begin viewing travellers as consumers in the sense of Union Consumer Law; conversely, in Brazil, the traveller has no legal status whatsoever and is considered solely a consumer. As the traveller is implicitly a consumer he/she is subject to vulnerability. However, the definition of vulnerability differs considerably between Brazil and the EU: while in Brazil it is a principle stemming from the Consumer Defence Code, covering all consumers, in the EU vulnerability is not an established principle. In the EU, although the average consumer is assumed to be reasonably well informed, observant and circumspect, they are also recognised as the weaker party in the contract. That recognition does not fit with the notion of "confident consumer". Vulnerable consumers in the EU are those whose individual characteristics, such as their age, physical or mental infirmity, or credulity, make them particularly susceptible to unfair commercial practices. Conversely, in Brazil these consumers are seen as being hyper-vulnerable, rather than solely vulnerable. In this context, travellers are in a weaker position than regular consumers buying goods or services, because they are outside of their domicile or jurisdiction for a brief or extended period of time. This book examines two types of traveller vulnerability that make travellers, particularly international ones, a special type of consumers: 1. External and 2. Legal (jurisdiction). Travellers' vulnerability mainly stems from consumers travelling to different markets and different cultures. As such, they are subject to different laws that require special global attention. While both the EU and Brazilian system have their respective advantages and disadvantages, the goal of both must be to further increase protection for travellers, including business travellers. In consumer societies, the traveller is indeed a consumer by logical causation and hence a "special consumer".-- Provided by publisher.
Note Brazilian Consumer Defence Code (Part)
Access Note Access limited to authorized users.
Source of Description Description based on online resource; title from digital title page (viewed on December 27, 2018).
Available in Other Form Traveller Vulnerability in the Context of Travel and Tourism Contracts : A Comparison of Brazilian and EU Law
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Intro; Foreword; Preface; Contents; Acronyms, Abbreviations and Notes; Chapter 1: Introduction: Is the Traveller a Consumer?; References; Chapter 2: Brazil Consumer and Tourism Laws; 2.1 Consumer Law; 2.1.1 Consumer Law Evolution; 2.1.2 Consumer Law as a Field of Law; 2.1.2.1 The Consumer Defence Code; 2.1.2.1.1 Exclusion of Liability; 2.1.2.1.2 The Supplier; 2.1.2.1.3 Goods and Services; 2.1.3 Consumer; 2.1.3.1 Consumer Vulnerability; 2.1.3.2 Vulnerable Person and Hypervulnerable Person; 2.1.3.3 Consumerś Rights, Travellerś Rights; 2.1.4 Traveller

2.2 The Role of the Travel and Tourism Sector2.3 Tourism Law; 2.3.1 The Tourism National Statute; 2.3.1.1 Legal Definitions; 2.3.2 Decree 7.381/10; 2.4 Travel and Tourism Contracts and Other Service Contracts; 2.4.1 Contract of Carriage of Passenger; 2.4.2 Contract of Car Rental; 2.4.3 Contract of Accommodation; 2.4.4 Timeshare Contract; 2.4.5 Contract of Tourism; 2.4.6 Contract of Adhesion; 2.5 Jurisdiction; 2.5.1 Enforcement of Foreign Judgments; 2.5.2 The Small Claims Courts in Airports; References; Chapter 3: Europe Consumer and Travel Laws; 3.1 Consumer Law; 3.1.1 Consumer Law Evolution

3.1.2 Consumer Law as a Field of Law3.1.3 Consumer; 3.1.3.1 Consumer Traveller Vulnerability; 3.1.3.2 The Average Consumer and Vulnerability; 3.1.3.3 Vulnerability, Detriment and the Disadvantaged Consumer; 3.1.3.4 Vulnerability and the Vulnerable Consumer; 3.1.4 Traveller and Business Traveller; 3.2 The Role of the Travel and Tourism Sector; 3.3 Travel Law; 3.3.1 Further Developments; 3.3.2 The Package Travel and Linked Travel Arrangements Directive; 3.4 Service Contracts and Ancillary Contracts. Single Service and Combined Services; 3.4.1 Contract of Carriage of Passenger

3.4.2 Contract of Car Rental3.4.3 Contract of Accommodation; 3.4.4 Timeshare Contract; 3.4.5 Travel Contract; 3.4.6 Standard Contract; 3.5 Jurisdiction; 3.5.1 Enforcement of Foreign Judgments; 3.5.2 The Small Claims Procedure; References; Chapter 4: Analysis: Consumer, Traveller and Vulnerability; 4.1 Balance Between Businesses ́Interests and Travellers ́Interests; 4.2 Consumer and Traveller; 4.3 Vulnerability; 4.3.1 External Vulnerability; 4.3.1.1 Language and Cultural Differences; 4.3.1.2 Racism, Xenophobia and Ethnocentrism; 4.3.1.3 Foreign Currency; 4.3.2 Legal Vulnerability

4.4 Travel and Tourism Contracts and Other Service Contracts4.4.1 Combined Service Contracts and Single Service Contracts; 4.4.2 Liability; 4.4.3 Right of Withdrawal; 4.4.4 Contract of Adhesion or Standard Contract; 4.4.5 Carriage of Passenger by Air: Delay, Cancellation and Denied Boarding; 4.4.6 Carriage of Passenger by Air: Baggage Destruction, Loss, Damage or Delay; 4.5 International Law; 4.5.1 Tourist or Visitor, Traveller and Consumer; References; Chapter 5: Conclusion: Travellers ́Protection; References; Annexes: Brazilian Statutes and Flowcharts of EU Package Travel Directive

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