Yo yo

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Each of the four important geographical locations in the novel West Egg, East Egg, the valley of ashes, and New York City corresponds to a particular theme or type of character encountered in the story. West Egg is like Gatsby, full of garish extravagance, symbolizing the emergence of the new rich alongside the established aristocracy of the 10s. East Egg is like the Buchanans, wealthy, possessing high social status, and powerful, symbolizing the old upper class that continued to dominate the American social landscape. The valley of ashes is like George Wilson, desolate, desperate, and utterly without hope, symbolizing the moral decay of American society hidden by the glittering surface of upper-class extravagance. New York City is simply chaos, an abundant swell of variety and life, associated with the quality of distortion that Nick perceives in the East.Setting is extremely important to The Great Gatsby, as it reinforces the themes and character traits that drive the novels critical events. Even the weather matches the flow of the plot. Gatsbys reunion with Daisy begins in a ferocious thunderstorm and reaches its happiest moment just as the sun comes out. Toms confrontation with Gatsby occurs on the hottest day of the summer. Finally, Gatsbys death occurs just as autumn creeps into the air. The specificity of the settings in The Great Gatsby contributes greatly to the creation of distinct zones in which the conflicting values of various characters are forced to confront each other. Each of the four important geographical locations in the novel West Egg, East Egg, the valley of ashes, and New York City corresponds to a particular theme or type of character encountered in the story. West Egg is like Gatsby, full of garish extravagance, symbolizing the emergence of the new rich alongside the established aristocracy of the 10s. East Egg is like the Buchanans, wealthy, possessing high social status, and powerful, symbolizing the old upper class that continued to dominate the American social landscape. The valley of ashes is like George Wilson, desolate, desperate, and utterly without hope, symbolizing the moral decay of American society hidden by the glittering surface of upper-class extravagance. New York City is simply chaos, an abundant swell of variety and life, associated with the quality of distortion that Nick perceives in the East.Setting is extremely important to The Great Gatsby, as it reinforces the themes and character traits that drive the novels critical events. Even the weather matches the flow of the plot. Gatsbys reunion with Daisy begins in a ferocious thunderstorm and reaches its happiest moment just as the sun comes out. Toms confrontation with Gatsby occurs on the hottest day of the summer. Finally, Gatsbys death occurs just as autumn creeps into the air. The specificity of the settings in The Great Gatsby contributes greatly to the creation of distinct zones in which the conflicting values of various characters are forced to confront each other.


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Interview with Jacqueline Lord – a summary

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Jacqueline Lord's (J.L) taped interview on different points affecting ESL teaching in Quebec reveals three major elements to be regarded upon as the problems they generate but also with the solutions they bring forth. In the following summary, I will extract these points from the interview and contrast them with the suggested solutions. Finally, I will give my personal opinion on the overall idea of how ESL teaching requires important attention and revision.


The first problem stated by J.L. is the manner in which ESL teaching is affected by socio-political and socio-cultural overtones. The government as well as the people's incapacity to separate academic English teaching with English at the political level has revealed itself to be nuisance to the progression of ESL teaching programs. Undoubtedly, as long as the government and people stand afraid of loosing both their French heritage and their vote count, the overall improvement of conditions within the ESL program as well as suitable use of ESL (in society) for our students will be further delayed.


Although governments encourage ESL, their reserve on the subject leads to the second problem which lies mainly on the required redefinition of goals, objectives, and methodologies within the program, as well as a refreshed approach according to our times and present generation. The classical methods of teaching have been overridden with the new communications program implemented in the 180's by the Ministry of Education but has left the ESL program with little or no methodology for adequate interactive teaching and learner's evaluation.


Consequently, the time presently allotted to the ESL teaching program in consideration of the number of students per classroom stems from the absence of the program's appropriate definition. ESL teaching is the only subject covering four skills (reading, writing, speaking, and listening) and is also the only subject with a set weekly time limit. How then, can learners master speaking, writing, listening and reading skills in a second language with a total of 716 hours of class (in groups of 4) from primary through to secondary levels?


Consequently, the activities and course load in ESL teaching relies greatly on the teacher's personal objectivity, creativity for activities and material (lack of financial resources) as well as their capacity to interact and evaluate the progress of their class. If the teacher in question tends towards the classical methods, then she/he will be at a loss when confronted with the new methods in the current conditions, and motivation will decrease.


This takes us into the third point made by J.L., which are the challenges with which teachers are faced in ESL teaching. She states that with the introduction of the new communication program, many teachers had no concept on how to animate and promote interaction within the classroom in contrast to clear textbook teaching. Teachers did not know how to assess results nor to promote learning as opposed to memorizing information.


The introduction of this program was a step ahead in ESL teaching; however, teachers require more incentive through proper definition of the ESL program, more consideration to ESL as a subject and more financial resources.


Nevertheless, ESL teaching is slowly acquiring more attention. It is my opinion that in the province of Quebec, the governments and the people are the first who must redefine what ESL teaching is designed for and the significance it must acquire within the schools. As indicated by J.L., ESL teaching does not take away from the French heritage nor should it affect votes but rather, ESL should be perceived as a complement to any learner's knowledge and as a necessity for efficient present and future economic, political, cultural and business interactions. Moreover, ESL broadens the minds and contributes to positioning a person firmly in their own culture with the advantages of performing and understanding effectively a second language.


Finally, if both the governments and the people gain a refreshed attitude on ESL teaching, then the Ministry of Education can support and even endorse ESL programs thus ensuring their revisions and redefinitions. Once goals, objectives and methodologies are adapted to our times and expectations, then the financial resources, the number of hours allotted, and the number of students per classroom ought to be improved in order to attain the previously set goals.


Jacqueline Lord's insight is logical and brings forward both the problems and also feasible solutions to counterbalance efficiently. However, it is also clear that the first step to be taken in recognizing the significance of ESL teaching in schools relies on a political will to do so.


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Home and away

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Some features of MPEGPlayer


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Some features of MPEGPlayer


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MERGERS AND TAKEOVERS: RYANAIR TAKEOVER OF BUZZ AIRWAYS

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1). Motives for mergers/takeovers and the form of takeover of Buzz


Nearly all organisations, at one time or another, have the business objective to grow. The aspirations of growth are fuelled by a plethora of reasons, and although there are a number of motives, the business will value some more highly than others, but will ultimately be affected by all of them.


Recently, a takeover has occurred at Ryanair, with the acquisition of their rival airline Buzz. For Ryanair, this growth will spell an increase in productive capacity, more capital/assets, will allow production to increase, and enables the firm to achieve it's long-term strategic objectives.


(http//news.bbc.co.uk/1/hi/business/7147.stm).


Ryanair's motives and desires of growth would've changed significantly since last year as their largest other competitor 'Easyjet', bought out BA's sister company 'Go!' intensifying the budget airline market competition. (http//travel.guardian.co.uk/news/story/0,7445,888648,00.html)


I have outlined some of the main motives for growth at Ryanair below


· Market Share This has become significantly more important over the last year since the takeover of 'Go!' by Easyjet'. The purchase of 'Buzz' will mean gaining a considerable amount of the market and will leave the budget airline industry with two major competitors, both of similar sizes.


· Elimination of Competition By purchasing a rival you are effectively 'removing' a competitor from the market, which means customers will have less choice of airlines to choose from, this is basically a concept of increasing the market share.


· Economies of Scale By increasing in size, businesses experience something know as 'economies of scale', which are reductions in the average costs of production. This enables a producer to offer their product at more competitive prices a very important competitor advantage in the cut-throat business of economy flights.


(Understanding business, A Norman et al, 1, p1-14)


Chief executive of Ryanair, Michael O' Leary has always favoured organic growth, over expansion by acquisition or merger, but described the takeover as "a bargain that his company couldn't pass up" he continues, This opportunity, at this nominal cost, is the type of offer that we could not refuse.


(CDocuments and SettingsstaplesDesktopRyan air stuff)


Ryanair was growing strongly by rolling out their lowest fare services all over Europe, so the last thing they needed was the distraction of an acquisition, however, the financial cost was small (£15m, although Buzz would have more than £11m of cash on completion, so the net cost of the deal would be around £.5m). Additionally, because Buzz is based at Ryanair's main UK base, the diversification of time management was minimal.


(http//www.businessweekly.co.uk/news/view_article.asp?article_id=757)


Mergers are classified in four different ways (see appendix a). The takeover of Buzz is thought of as 'horizontal integration'. This is the term given when a firm making the same product is bought. This type of acquisition has several benefits


· Eliminates competition.


· Spare capacity/unwanted resources can be discarded.


· Control greater market share.


· Benefit from economies of scale.


· Generates cash flow.


However this type of merger does have drawbacks for the company, mainly in the form of redundancies, but economically, it is beneficial for the company.


(Understanding business, A Norman et al, 1, p14-15).


). How the merger may have an effect on the relevant stakeholders at Ryanair


Businesses are answerable to six different types of stakeholders


· Investors (shareholders, banks)


· Consumers


· Employees (management/staff)


· Suppliers


· Local and Wider Community


· Other Interest Groups (media, politicians, pressure groups, etc).


All of the above groups have an interest (stake) in the success of the business, although their interests will inevitably conflict; for example there is often a big difference between the goals of the management and the interests of a pressure group.


Investors


When a merger/takeover is suggested, investors are usually the first notified as they are often required to provide additional financial backing to support the acquisition (this however is not the case with the Ryanair-Buzz takeover as Ryanair claim to be funding the purchase with its "own substantial cash reserves"). Investors must make the decision whether or not to provide the finance. They are effectively the ones who can 'make or break' the deal.


Consumers


I've previously mentioned that if the market is dominated by few, but large firms, then consumers have less buying choices. This can bring lots of drawbacks to customers. Most commonly prices rise; this could be due to two reasons; firstly because the company has to cover the costs of its recent purchase, and secondly because the business has more market control and can charge more as consumers will have no choice but to purchase from their company. Likewise, customers can also be treated worse by the organisation, knowingly, as there are no rivals for them to turn to.


However, occasionally, prices are cut due to economies of scale having a dramatic effect on operating costs, although this profit-rise usually finds its ways to the investors' pocket rather than passed on, in the form of price cuts to the consumer. The fact that Buzz operates from the same airport as Ryanair (Stansted), should mean that economies of scale should not be hard to achieve. Coupled with the fact that competition will be intensified between Ryanair and Easyjet should mean that there is likely to be no let-up in price-cutting tactics from either firm.


Ryanair has also announced that some of Buzz's more unpopular routes will be dropped, and more recently has chose to opt out of operating from Bournemouth airport, having a negative impact on it's customers.


Employees


In order to return Buzz to profitability, Ryanair will be cutting less popular routes; this will inevitably result in redundancies amongst Buzz's staff.


Management will also feel increased pressure to make the takeover a success as they are answerable to the shareholders, who can vote them out if they feel that they are not performing as well as they should be.


Suppliers


Suppliers can often benefit, as they'll be gaining more orders from the organisation However, this makes them more vulnerable because if the company decides to switch suppliers then the supplier could lose a big source of their income.


Local and Wider Community


There'll be an impact on the economic, environmental and socio-cultural aspects of the local community. Usually the advantages of the economic impact have to be balanced with the disadvantages of environmental/socio-cultural aspects. For example, the takeover of Buzz may improve many people's incomes and could create more jobs in the future, but will create drawbacks such as increased air pollution etc.


Other Interest Groups


Politicians oversee big takeovers like this to stop companies abusing their power and infringing the competition policy. If price-fixing or other restrictive trade practice is found then the organisation is likely to be eligible for investigation by the Monopolies and Mergers Commission (MMC).


Environmental pressure groups often campaign if they feel that the environment is being unnecessarily threatened by business practices, and can often bring bad publicity in the press, painting a bad image of the organisation.


(GNVQ Advanced Business, R. Lewis and R. Trevitt, 15, p 65-66)


). The Potential economies of scale that Ryanair will now gain


Ryanair will benefit from many internal economies of scale with its takeover of Buzz; I will briefly describe what they are


Purchasing economies


This is the most commonly thought of economy of scale; the expansion will result in having increased variable costs i.e. fuel, so Ryanair will be able to buy each unit of fuel cheaper than they could before, saving them money. For example the list price of a Boeing 77-800 is $60m, but by ordering in quantity, Ryanair have recently been able to purchase the planes at under $40m per aircraft. (http//www.businessweek.com/magazine/content/0_06/b761.htm)


Managerial economies


Increased opportunities will be made available to include corporate employees such as lawyers, accountants and marketing staff. This will mean senior management will be able to delegate these specialist tasks to appropriate employees and concentrate on more important tasks.


Financial economies


When large firms gain a good reputation with investors, they find it easier to raise capital for expansion, and if like Ryanair, the company is a plc, they can use the stock market to raise finance. Additionally, large firms can gain a competitive advantage by using their size to negotiate more favourable interest rates as lenders consider these businesses less risky than smaller organisations.


(Understanding Business, A Norman et al, 1, p 10)


As a business increases in size, its average costs tend to fall because it becomes more efficient. The economies of scale I've mentioned are some of the factors that decrease business costs. When economies of scale operate the firm to be working at its most economically, the business is said to be operating at optimum efficiency.


However, there is a limit on size. If an organisation goes beyond the most efficient point, the average costs could rise due to diseconomies of scale. For example this can happen in the following situations


· Machinery/labour being overworked.


· Administrative complexity may create a situation where decision making takes weeks.


· Raw materials may become expensive.


Therefore, it is important that a business stays at its optimum efficiency by monitoring its average total cost (ATC) curve. Please see appendix b.


(GNVQ Advanced Business, Roger Lewis and Roger Trevitt, 15, p404-406)


4). The Potential drawbacks that now may affect Ryanair


Although growth is usually perceived as a sign that the business is operating successfully, it does pose a number of drawbacks, in particular when a company grows by external methods rather than autonomously.


When businesses merge or a takeover occurs, often communication strands breakdown as the different organisations will have a different set of practices, and this could lead to the acquisition to have initial teething problems with communication between the different company's staff, this problem however, should be rectified over time, or alternatively by sending all employees on an appropriate course. The cost over benefit factor must be considered here by the management to decide how dependant the organisation is proficient communication links.


The management of Ryanair would've found that when the takeover occurred, the control of the business would've got more demanding due to increased number of staff, aircraft, and business operations etc. This has a mixed impact, as some staff will find they have increased responsibility (for example the head of human resources at Ryanair will have more staff to oversee, while the head of human resources at Buzz may now have less responsibility, which can lead to low morale in the workplace, or worse to redundancy.


It has been commented that Ryanair could be courting trouble by expanding too fast. However, Mr OLeary brushed aside those concerns. He said "Ryanair was continuing to limit any risks associated with capacity growth by spreading it across its network, launching new bases, new routes from existing bases, and increasing frequency on existing routes." He adds, "We are aware that some commentators fear that we are biting off more than we can chew. We are conscious of this but one cannot always control the timing of opportunities that present themselves"


(http//travel.guardian.co.uk/news/story/0,7445,888648,00.html).


When organisations expand from a small size, they often lose their 'personality', which may have brought them their initial customers; these customers may now seek alternative businesses that can provide a more personal service.


Finally, although it was discussed in the last section, the average total costs will rise if a business gets too large and passes the point of optimum efficiency.


(http//www.geocities.com/r_magion/drawbacks.htm)


If companies grow to such a size that they dominate their market i.e. become a monopoly, then two governing bodies will monitor the organisation; the Competition Commission (CC) and the Office of Fair Trading (OFT). (Please see appendix c).


If any organisations are found to be breaking any of the laws laid down by the CC or OFT, then hefty compensation fines are often instigated. The governing bodies also have the power to stop a merger/takeover from taking place if they feel it's against the public's best interest and would cause competitors to struggle in the business environment.


Appendix A


Appendix B


The average total cost curve shows how economies and diseconomies of scale affect unit costs.


Appendix C


The CC is an advisory body that investigates suspected abused of monopoly power or proposed mergers. This includes investigating


· Any single firm whose current market share is 5 per cent of the national or local market. Or two firms whose joint share is 5 per cent or more.


· Any proposed merger that would result in a firm having assets of 70 million, or a 5 per cent share of the market.


The OFT investigates and reports on any anti-competitive practices. These may include


· Price discrimination


· Predatory pricing (selling below cost to drive out competitors)


· Vertical price squeezing (where a vertically integrated firm which controls the supply of a good charges a higher price for that input to competitors)


· Tie in sales (where the firm controlling the supply of a first product insists that its customers buy a second product from it rather than its rivals


Selective distribution where a firm is prepared to supply only certain retail outlets.


(http//www.bized.ac.uk/stafsup/exams/revec_monop.htm). Bibliography


Books


Understanding Business, A. Norman, M. Norman and P. Short, 1, First Edition, Pitman Publishing, London.


GNVQ Advanced Business, Roger Lewis and Roger Trevitt, 15, Second Edition, Stanley Thornes, Cheltenham.


Websites


http//news.bbc.co.uk/1/hi/business/7147.stm


http//travel.guardian.co.uk/news/story/0,7445,888648,00.html


http//www.businessweekly.co.uk/news/view_article.asp?article_id=757


http//www.businessweek.com/magazine/content/0_06/b761.htm


http//www.geocities.com/r_magion/drawbacks.htm


http//www.bized.ac.uk/stafsup/exams/revec_monop.htm


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Travel Agent Law

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Law of Agency


1. Principles of Agency


"No word is more commonly and consistently abused in the English language than agency" . Although agency is an every day word whose meaning covers activities ranging from distribution outlets to service centres, it proves its real importance in the business and law context. In this context agency is defined as a fiduciary relationship between two parties which "results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent to by the so to act" .


Agency law cannot function with out three parties being involved. These three parties include the principal, an agent and a third party. The function of an agent is to act on behalf of the principal when making contacts, receiving statements and making representations and to pay and receive money for the principal.


Travel Agents are obviously acting as an agent when selling or booking accommodation, travel etc for clients. The typical relationship between a customer and the Travel Agent consists of the customer being the principal and the supplier of the services, weather it be accommodation or a means of travel, as the third party. However Travel Agents can act on behalf of the provider, making the customer the third party. In either arrangement the Agent is still responsible to their principal under the common laws which govern agency.


. Duties of Agents


Weather the Agent's principal is their customer or the supplier, the Agent must maintain the same duties to either person. Agency relationships are considered as fiduciary relationships. As a fiduciary the agent is also governed by the terms expressly set out in the agency agreement. A failure to follow the duties set out in the agreement and those established by common law may result in the agency being terminated or the agent being sued for breach of contract. The six key duties of an agent require the agent to


a. Follow the principal's instructions.


An agent's failure to correctly follow their principal's instructions is demonstrated in Bertram, Armstrong & Co. v Godfray . The agent, a broker, failed to sell their principal's stock at the instructed price. The agent was forced to sell the stock at a reduced price when the market had dropped. The Principal subsequently sued the agent to recover the difference.


b. To use all reasonable diligence, care and skill.


The duty of diligence and care is set by the standard that any reasonable person would expect an agent to exercise in the circumstances. It may also be affected by law of negligence and fitness for purpose when the agent is supplying goods and services as implied by the Trade Practices Act 174 (Cth) . The agent however will not be liable if they are sure of the correctness of their information.


c. To act in person and not delegate work.


This duty follows on from the requirement to act with diligence and care. It is designed to uphold the personal qualities of the agent which may well have been a factor in the principal's decision to choose the particular agent. The agent is not able to delegate any part of the work instructed by the principal to a sub agent as in John Mc Cann & Co v Pow . However there are exemptions to this duty. If there is an expressed or implied authority to delegate any part of the work or if clerical duties are delegated to a secretary or junior partner the agent may not be held liable for delegating the work, however the agent is still responsible for that work that has been done and may still be held liable for any faults in that work.


d. To act in the principal's best interests.


Whilst acting as instructed by their principal, agents must also act in the best interests of the principal. If the agent is to undermine their principal's trust the principal may take action at either the common law level or under the Trade Practices Act 174 (Cth) for misleading or deceptive conduct. This duty also prevents agents from having a conflict of duty or making a secret profit. Particularly for Travel Agents acting as an agent for the supplier, they need to take care not to also act as an agent for their customer; doing so will cause the Agent to be liable to both the supplyer and customer for breaching the conditions of their agency. If it is found that the agent has been making a secret commissions or profits then the principle is able to sue the agent to recover the commission/ profit.


e. Retain confidential information.


A clear example of the effect of a breach in confidentiality is demonstrated in Consul Development Pty Ltd v DPC Estates Pty Ltd , where employees used inside information to obtain personal benefits when investing in properties. This also showed that a third party is accountable for any benefit it may take when it knows that there has been a breach of confidentiality, also shown in Dickson Hotel case .


f. To keep the principal's moneys separate.


The final duty required of agents is that to keep their principal's money separate from their own. The agent must also be able to demonstrate that the funds are kept separate from their personal funds by keeping accurate records. In the case of solicitors, accountants and travel agents this requirement is backed up by legislation to protect their clients' funds.


. Liabilities of Agents


As the agent only acts on behalf of its principal when securing a contract with the third party, the agent avoids liability in the course of that contract. After the contract is formed, the agent has fulfilled its role and the agency is terminated, the only parties with legal rights after this point are the principal and third party. However if the contract is not a true contract then the agent is liable for several circumstances.


Firstly the agent must not contract personally. If the agent has failed to clearly identify them selves as an agent they may be held liable for the contract. In Cooper v Fisken a tenant was authorised by the land lord to have works conducted on the property, subsequently making the tenant an agent for the land lord. Although it was found that the tenant was liable for the cost of the work as it was not clear in the situation that they were acting as an agent. However the agent may claim that they are acting for an undisclosed principal. This does position the agent in a precarious situation. If it appears to the third party that the agent is not acting for a principal then the agent may be held liable for the contract. The principal may come forward and establish that the agent was acting on their behalf and ratify the contract. There are also situations where the agents may chose to act personally, this may be required or permitted by some trades, such as stock brokers . Even though there are provisions to allow for agents to act personally they do not provide an exemption from liability.


If the agent is to breach any of its duties to either principal or third party or act in any way as above, either party may take action against the agent. Most breaches of the duties result in a termination of the agency or the agent being sued to recover lost funds or secret commission. The most beneficial to the principal is to sue the agent to recover any moneys lost by the agent acting outside of their duties and to recover any secret commissions that they may have been making.


Statute Law


4. Relevant Legislation


In addition to the principals of agency law there are also statutory provisions which cover professional agents. The core idea behind this regulatory legislation is to control the industries and provide some form of consumer protection. In the case of Travel Agents, they are governed by the Travel Agents Act 186 (Vic) [the act], or similar legislation for other states. This legislation establishes licence requirements for Travel Agents and provides protection for consumers and provisions for disciplinary action. Travel Agents also fall under the jurisdiction of the Trade Practices Act 174 (Cth), which provides further consumer protection. However it is not as specific as the Travel Agents Act.


5. Licensing Requirements


Under the Travel Agents Act there are several requirements set out, that potential agents must fulfil before obtaining a licence to operate as a Travel Agent. These requirements are set out in Division II of the act along with other requirements and conditions relating to Travel Agent licences. These requirements are designed to provide regulation to the industry and protect the travelling public. When logging an application for a license the applicant must follow the procedures and guidelines set out in Division II. The licensee must be of a fit and propers person, have adequate assets and capital, manger is required to have appropriate experience, a suitable premises must be available and the licensee must be a member or the Travel Compensation Fund.


6. Travel Compensation Fund (TCF)


The major requirement of potential agents is that they be members of the TCF. The fund was established to provide compensation to persons who have suffered a loss due to the actions or miss-actions of their agents. The fund is made up of fees and levies paid by applicants, members and from government grants. If an applicant is not a member of the TCF then a license will not be granted, however if the applicant does not hold a license then they are not eligible to be member of the TCF. The fund also has several conditions that must be met before applicants are granted member ship.


An application fee must be payed for each office of the agency which is intended to be opened. The applicant must also provided financial statements of their indented first 1 months of business and a statement of their personal finances and assets. These statements must be certified by an auditor and must comply with financial reporting legislation.


The Applicant must also provide supporting documents with their application. These documents must include audited financial statements, certificate of personal assets, balance sheets, projected costs and figures, income tax returns and auditor's reports to confirm balance sheets and financial statements. A letter from an existing agency maybe included stating the applicant's financial status. Similar documents must be provided annually for renewal of membership.


Once membership is granted to the applicant six conditions must be met to maintain membership, along with successfully renewing the membership. The Agent must maintain a separate trust account for their customer's funds, increase the business' capital, reduce debt, obtain a financial grantee on the company, maintain accurate accounting records, obtain auditors reports and grant a floating charge. Failure to meet these conditions of the membership may result in the TCF reviewing the agency and terminating their membership.


7. Statutory Liabilities


The Travel Agents Act 186 (Vic) provides several means of consumer protection against Agents and also establishes the Agent's duties. Divisions and 6 of part 1 and part 4 of the act set out the provisions for action to be taken against agents. Provisions are also set out by the TCF for seeking action against Agents to receive compensation.


Sections 0 and 1 of the act establish the main means and procedures for disciplinary action. Under subsection 1 the legal action is able to be taken against an agent who


• Has improperly obtained their license.


• The licensee has been found guilty of an offence involving fraud.


• The licensee has failed to comply with the act.


• The licensee does not have or is not likely to have sufficient funds to be able to carry out their business as an Agent.


If an Agent has been suspected of any of the above then an application may be lodged with the tribunal to have investigations conducted and possibly to have the license suspended. If found guilty by the tribunal an Agent may face several disciplinary measures including a reprimand of the license, a penalty up to $5000, cancellation of a license, limitation of a license or disqualification of the license.


Advised Action


Considering both agency and statute law, there are several courses of action that may be taken against an Agent who has failed to meet the requirements of their license or provide a satisfactory service to their customer or principal. However either course of action may not be suitable or possible.


As Travel Agents are agents they are liable to their principals for any breaches of their duties as agents. Typically breaches of agency law result in parties seeking financial remedies for any loss that they may have suffered due to the agent's actions or miss-actions. This action may suit clients who have been forced to buy extra tickets or accommodation due to an Agent's failure to make correct bookings. Although it is risky taking this form or action as the Agent may not have sufficient financial resources to pay any damages awarded by a court. A threat of civil action may also act as a slack deterrent to Agents. The agency responsible may have enough funds to adequately pay and damages how ever the action may not have a strong enough impact to deter the agency from making the same "mistakes".


A more effective way of seeking action against an Agent would be to do so under statute law and the Travel Agents Act 186 (Vic). An action taken under this legislation would be more effective as the penalties for offending Agents carry more weight than simply being ordered to compensate an aggrieved customer. The threat of possibly losing a license would be more effective in disciplining an agent. It would also be more beneficial to the customer to take action this way they are able to make a claim under the TCF. Although because of the high volume of claims being made to the TCF, they cannot entirely compensate applicants, it is still a preferable option to seeking legal action in a court of law.


8. Books


• American Law Institute, Restatement of the Law, Agency (d), 1-001, cited in, eg, Fisher, S, Agency Law, Sydney, Butterworths, 000


• Stephan Graw, An Introduction to the Law of Contract (4th ed, Sydney, LBC 00)


• Paul Latimer, Australian Business Law (nd ed, CCH, 00)


• Trevor C Atherton & Trudi A Atherton, Travel, Tourism and Hospitality Law, (18, LBC)


. Legislation


• Travel Agents Act 186 (Vic)


• Trade Practices Act 174 (Cth)


10. Cases


• John Mc Cann & Co v Pow {175} 1 All ER


• Kennedy v De Trafford {187} AC 180 at p 188, cited in Scott v Davis (000) Aust Torts Reports 81 57; [000] HCA 5, (000) 74 ALJR 1410 at {7}


• Bertram, Armstrong & Co. v Godfray (180) 1 Knapp 81; 1 ER 64


• Consul Development Pty Ltd v DPC Estates Pty Ltd (175) 1 CLR 7


• Ravinder Robini Pty Ltd v Krizaic (11) 105 ALR 5


• Cooper v Fisken (11) 18 ALR 155; ALT 1


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