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Does your outdoor recreation brochure have a disclaimer or warn your guest of possible risks?

Do you need to tell your guests they could be hurt, and you are not responsible?

I was walking around in a tourist town on Maui, HI the other day and spotted several brochure racks advertising all sorts of outdoor recreation activities. (Warning, reach for brochures at your own risk; they are guarded by timeshare sales people. “Aloha, where are you from?” in the local language means “I have a time share to sell means,”) I grabbed one out of curiosity and then started looking through all of them. None of them say anything about the risk of the activity. The fact you could be injured or that the business was not responsible was nowhere on any of the brochures.

Try explaining to a timeshare salesman that you want to look at the brochures and not book a trip and not buy a timeshare. Then explain why you are looking at the brochures.  That was very effective in stopping the “pitch.”  I guess the liability warning on brochure talk I can give is effective against time share sellers.

So?

I always think that when you walk into a courtroom, you should be able to say to the jury, they knew before they signed up (paid their money) they could get hurt.  Although not a defense, the statement “I never knew I could get hurt” strikes a chord with juries.

A brochure with a warning on this defeats that argument. So does your website.

On top of that, is there a moral or ethical obligation to let someone know, that there is some risk in your sport, every sport. The smiling faces on the brochures (main where the same faces, by the way) were for marketing. You want people to have fun, but if someone does not….

Am I wrong? Is it OK when reaching for the dollar or the credit card of your guest to allow your brochure to do all the talking? What if you tell them of the risk after they have paid? Is that “fair.”

How is that going to be viewed by the jury? If I were representing the plaintiff, I would project a picture of the plaintiff in the hospital next to the picture on the brochure on the wall.  I would ask the jury what is missing in that picture compared to what occurred to my client.

In the hospital, my client does not look beautiful or happy.

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com      James H. Moss         #Authorrank

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And you think your customers are bad…..but is it all the customers fault?

Maybe you need to screen a little better

Mature lady sunbathing at swimming pool. Puert...

These are allegedly actual complaints received by Thomas Cook Vacations from dissatisfied customers:

1.     “I think it should be explained in the brochure that the local convenience store does not sell proper biscuits like custard creams or ginger nuts.”

2.     “It’s lazy of the local shopkeepers in Puerto Vallarta to close in the afternoons. I often needed to buy things during ‘siesta’ time — this should be banned.”

3.     “On my holiday to Goa in India , I was disgusted to find that almost every restaurant served curry. I don’t like spicy food.”

4.     “We booked an excursion to a water park but no-one told us we had to bring our own swimsuits and towels. We assumed it would be included in the price”

5.     “The beach was too sandy. We had to clean everything when we returned to our room.”

6.     “We found the sand was not like the sand in the brochure. Your brochure shows the sand as white but it was more yellow.”

7.     “They should not allow topless sunbathing on the beach. It was very distracting for my husband who just wanted to relax.”

8.     “No-one told us there would be fish in the water. The children were scared.”

9.     “Although the brochure said that there was a fully equipped kitchen, there was no egg-slicer in the drawers.”

10.    “We went on holiday to Spain and had a problem with the taxi drivers as they were all Spanish.”

11.    “The roads were uneven and bumpy, so we could not read the local guide book during the bus ride to the resort. Because of this, we were unaware of many things that would have made our holiday more fun.”

12.    “It took us nine hours to fly home from Jamaica to England . It took the Americans only three hours to get home. This seems unfair.”

13.    “I compared the size of our one-bedroom suite to our friends’ three-bedroom and ours was significantly smaller.”

14.    “The brochure stated: ‘No hairdressers at the resort’. We’re trainee hairdressers and we think they knew and

Beach in Puerto Vallarta, Jalisco, México.

made us wait longer for service.”

15.    “There were too many Spanish people there. The receptionist spoke Spanish, the food was Spanish. No one told us that there would be so many foreigners.”

16.    “We had to line up outside to catch the boat and there was no air-conditioning.”

17.    “It is your duty as a tour operator to advise us of noisy or unruly guests before we travel.”

18.    “I was bitten by a mosquito. The brochure did not mention mosquitoes.”

19.    “My fiancé and I requested twin-beds when we booked, but instead we were placed in a room with a king bed. We now hold you responsible and want to be re-reimbursed for the fact that I became pregnant. This would not have happened if you had put us in the room that we booked.”

Do Something

Who knows if these are true? However I can envision every one of them being true. Working as a whitewater raft guide I hear customers say:

“How do you get the water back upstream?”

“Can I leave my stuff here on shore?” (At the put in thinking we will come back to this spot.)

And the absolute best. A friend had just rowed a boat through a class IV section of the Arkansas River. The customer climbed out of the boat and stated. “I did not see the rails the entire trip.” The customer thought the boat was traveling on a rail, just like WDW.

What do all of these mean? It means someone is not doing a good job of educating customers before they leave on their trip. Or they may be marketing to the wrong group of customers. Either way, it is these minor annoyances that can create a bigger problem if customer does not feel satisfied with your response.

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com      James H. Moss         #Authorrank

<rel=”author” link=” https://plus.google.com/u/0/b/112453188060350225356/” />

 

 

#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, Good Samaritan, Samaritan, First Aid, EMS, Emergency Medical Systems, Customers, Customer Service, Customer Complaints, Thomas Cook Vacations, dissatisfied customers,

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