Tour organiser can be held liable for deficiency

Tour operators cannot be ignorant of the tour itinerary and let the tourists undertake the tour at their peril

What are the responsibilities of a tour organiser who takes persons for a trade fair abroad? Is the tour organiser liable to ascertain the details of the fair? Or can the tour be conducted with a disclaimer that the tourists should ascertain the details from the overseas trade fair organisers and would not hold the travel agent liable? This interesting issue has been recently decided by the National Commission in the case Orbit Tours and Trade Fairs Pvt Ltd v/s Sandeep Salvi.

Orbit Tours and Trade Fairs was conducting a 25-day tour to visit the 'Canton Fair 2005' in China. The brochure stated that there would be 7,500 stalls which would include display of modern technology and latest techniques in furniture and interiors. Vivian Rodrigues and Sandeep Salvi, both professional in furniture and interiors, were interested in this aspect of the fair. So they booked themselves by paying Rs 77,700, equivalent to $1,468.

During their visit, Rodriques and Salvi learnt the furniture and interior fair had already concluded prior to the visit. They were disappointed as they were not interested in the other stalls, and the objective of their visit was not fulfilled. They were also upset with the accommodation provided to them as the air conditioning was not functioning for over 24 hours, causing them great discomfort and inconvenience during peak summer.

After returning back to India, they demanded refund of the tour cost. Since refund was refused, they filed a complaint before the Central Mumbai District Forum. The Forum noted that Orbit's admission that accommodation was not provided in line with the agreed class. It also observed that it was humanly impossible to take a round of 7,500 stalls and there was nothing to show that Orbit had taken Rodriques and Salvi to the furniture, fixtures and interior design stalls, as the exhibition for this had already ended. The Forum upheld the complaint, and ordered a refund of the entire tour cost, plus costs of Rs 2,000. Orbit's appeal was dismissed by the Maharashtra State Commission.

Orbit then filed a revision before the National Commission. Its main contention was that its brochure was identical to that of the Canton Fair. Additionally, there was a disclaimer advising its tour participants to check the fair's website for verification, and specifying that Orbit neither guarantees nor would be responsible for any replacement or shifting of product profile at the trade fair. Hence Orbit contended that it could not be held liable. The National Commission, in its order of October 17, observed Orbit's deficiency was clear by its attempt to shift the entire burden on the tour participants.

Terming the revision devoid of merit, the National Commission dismissed it with further costs of Rs 5,000. Tour operators cannot be ignorant of a tour itinerary and let the tourists undertake it at their peril.

The author is a consumer activist