Business Premises
This paragraph outlines legal directions that the owner of business premises should follow.
5.1 Planning Legislation
In Scotland the main regulations are set in Town and Country Planning Act 1997. The need of such legislation covers the issue of usage of the land or building. A planning permission is required in order to record the changes of the venture or the building, because changes can have minor or major impact on the surround community, an example is provided in Appendix 1.
When is Planning Permission is required
External changes for decoration or promotion purpose
Change the structure and the use of the premises
Changes that require additional sq.m below the ground
Installation of illuminated signs
The law lays duties on those who possess or has control over the land and building. The Occupier’s Liability Act 1960 claims that the duty of the occupier is the provision complete customer safety. For example, the occupier must understand that children are less careful than adults thus prepare for this inside his premises. Although, the 1957 Act elucidates the difference between the lawful customer and the trespasser, Scots law does not. An occupier is responsible to provide safety of all visitors, even though some of them ignored such posters as “Staff only” or “No Entry”.
Carriage of Passengers and Their Luggage
First of all a carrier is an individual who transfers the person or items other than for his own purpose. It is essential to define what directs the contract of the carriage in order to
The dos and don’ts of carriers are dictated by the common law and relevant legislation such as the Carriage by Air Act 1961. Scottish law, as driven from the Roman law principle is also followed in Europe.
The Occupiers Liability Act 1957 in Scotland applies to the aircrafts the same way as to the premises. The duty of the carrier is to guarantee the safe transfer of passenger and the luggage. The standards of operations are very high. Carriers are liable for any defect of the aircraft that was committed after the inspection. They must ensure the crew is competent enough to properly maintain and operate the vehicle, as well as take care of customers.
6.1 The Travel Agent – Carrier Relationship
Tour Operator organizes packages tours that include the transportation services and then sells it to the to the customer directly or to Travel Agency, is like an intermediary for the carrier. If the client injures himself or loses his property inside the transport that was provided in the package, his first application should be against the Tour Operator, according to the Package Travel Regulations 1992.
Travel Agents as well sell air tickets on behalf of the airlines, are not included in the package list. It is important to state that the relationship between the Travel Agent and the airline is the same as between the Travel Agent and Tour Operator – Travel Agent acts on behalf of both, gets only the commission from the products sold, thus is not liable for any customer complains. There are, however, a list of reasons when the TA will be liable to the client:
Ownership of the craft provided to the customer
Giving out incorrect information, failing to announce any special requests or restrictions
Providing service, in spite of the customers reluctance or ignorance
Failing to note the poor track record of the carrier and aware the customer
Deforming or concealment the name of the carrier from the customer
Generally, a Travel Agent has limited liability and control over the carriers operations. The carrier maintains its own aircrafts, therefore is responsible for its safety and proper work.