Are you at risk of being penalised under the new unfair contract terms regime? Never fear, the team at Harwood Andrews is here to break it down for you. Read on to learn more about the changes and how they could affect tourism businesses operating function venues, wineries and venues.
Are you at risk of being penalised?
Under the Australian Consumer Law and ASIC Act, the spotlight is now shining on unfair contract terms, and function venues, wineries and venue operators should take note. It is not uncommon for such businesses to use contracts in its operations which may now be captured under the new unfair contract terms regime, including:
- website terms and conditions
- booking forms or terms
- supply agreements
- services agreements
- venue hire agreements
- lease agreements
When do the changes take effect?
The changes have already commenced, however it is not too late to take action and revisit your contracts to identify any potential unfair contract terms and ensure compliance, noting there are significant consequences for non-compliance.
Not only will a business be unable to enforce a contract that contains unfair contract terms, but a business could also be subject to substantial penalties (up to $50M (for each unfair term), three times the benefit obtained from the conduct or 30% of adjusted turnover, whichever is greater) and found guilty of illegal conduct.
If you are unsure whether these changes apply to you, don’t take the risk in assuming you are compliant. The team at Harwood Andrews is offering a free terms and conditions ‘traffic light review’ which can be accessed here and can assist you with navigating this landscape.
New year, new faces!
Our friends at Harwood Andrews have boosted its Hotels, Hospitality and Tourism Team with the addition of two new lawyers.
Joining the team is Briget O’Callaghan (Principal Lawyer) and Evelyn Zeglinas (Associate). Briget and Evelyn together bring years of experience working with both small and large businesses in the hotel, hospitality and tourism space across Victoria and nationally.
Harwood Andrews is an Industry Partner of Tourism Greater Geelong and The Bellarine. To see more of what Harwood Andrews does, to get in touch with the team or to find out more about employment law for your business visit harwoodandrews.com.au.
