Hospitality & Tourism Law for Hajj & Umrah – Key Exam Concepts

These flashcards cover fundamental legal principles, statutory provisions, contract elements, liability concepts, and industry-specific duties relevant to Hospitality & Tourism Law for Hajj and Umrah, assisting students preparing for DTT 3253.

Which body is known as the legislature or law-maker in Malaysia?

Parliament

Name the three Malaysian Superior Courts.

High Court, Court of Appeal, and Federal Court

Civil claims exceeding RM1,000,000 are heard by which court?

The High Court

What do we call an offer made to the whole world with no specific offeree (e.g., discount vouchers)?

A unilateral offer

Malaysia is governed by what type of constitutional system?

A constitutional monarchy

A court that can hear almost any case brought before it is said to have what type of jurisdiction?

Appellate jurisdiction

In contract law, an invitation to treat is best described as what?

A request inviting others to make offers

What does ‘certainty’ require in a contract?

All terms must be clear and specific

Give one implied condition when goods are sold by sample under Section 17 of the Sale of Goods Act 1957.

The bulk must correspond with the sample in quality (other acceptable answers: buyer must have reasonable opportunity to compare; goods free from latent defects)

The primary responsibility of a tourism & hospitality operator is to _.

Ensure the safety and comfort of guests

Which of the following is NOT normally a tourist guide’s duty:

Assisting with travel arrangements, such as transportation or accomodation

What must a travel agency’s terms include regarding a client’s personal data?

A promise to keep the data confidential and secure, explaining its use under privacy laws

Misleading a client about the safety of a destination can expose a travel agency to what legal claim?

Negligence

Are travel agencies liable for cancellations due to force majeure events?

No, they are generally not liable when cancellations arise from force majeure or external factors

When a hotel or operator lawfully evict a guest?

If the guest engages in illegal or disruptive behaviour threatening others’ safety or comfort

Which scenario most clearly breaches the duty of care in hospitality?

Ignoring a known broken elevator that later injures a guest

Which section is NOT found in the Sale of Goods Act 1957:

Section 31 – Implied guarantee as to title

What does the contra proferentem rule state about ambiguous exclusion clauses?

A party cannot rely on an unclear exclusion clause that he incorporates into his contract

The right to obtain compensation or other remedy is called what?

Right to redress

How many levels of government exist in Malaysia?

Two – federal and state

In civil litigation, who is the plaintiff?

The person bringing the lawsuit (suing)

What is the civil claim limit for a Second-Class Magistrate’s Court?

RM10,000

Under which Act was the Consumer Claims Tribunal established?

Consumer Protection Act 1999

List the five essential elements of a contract.

Offer, acceptance, consideration, and intention to create legal relations, capacity to contract

Define negligence in one sentence.

Failure to take reasonable care to avoid causing foreseeable harm to others

Must a negligence plaintiff always prove physical damage to succeed?

No; other losses such as economic loss or psychiatric harm may also ground liability, depending on the case

What defence applies when a guest voluntarily undertakes a known risk (e.g., swimming where "No Lifeguard" is posted)?

Assumption of risk (volenti non fit injuria)

Can an occupier be liable for injuries in clearly marked unsafe areas?

Yes, liability may still arise despite warning signs

Is a hotel’s duty of care limited to guests inside the hotel building?

No; it extends to reasonable areas under the hotel’s control (e.g., car parks, pools)

How can a hotel defend a negligence claim?

By showing it took reasonable steps to maintain safety

May a hotel be liable for a slip-and-fall injury even where it was not directly negligent?

Yes, vicarious or occupier’s liability can still arise

Can a travel agency be liable for airline-caused delays?

Possibly, if the agency assumed responsibility or misrepresented; generally liability rests with the airline

Is it lawful for agencies to charge change fees if disclosed up-front?

Yes, provided fees are clearly outlined in terms and conditions

May a travel agency cancel a booking anytime if it gives 24-hour notice?

No; doing so without proper grounds may breach contract

Can a licensed tourist guide be liable for damages caused by unruly tourists if the guide failed to act?

Yes, for failing to take reasonable preventive steps

If a guide deviates from the itinerary without notice, is this a contract breach?

Yes, it may constitute breach of contract

Define an inbound tour.

A tour to destinations within the operator’s own country for foreign or domestic visitors

Must every licensed travel agent or tour operator be a member of MATTA?

Yes, membership is compulsory

In legal terms, who is the defendant?

The person being sued in court

What is a counter-offer?

An offeree’s new offer that rejects the previous offer

Explain ‘capacity to contract’.

The legal competence of a person to enter into a binding agreement

Define fraudulent misrepresentation.

A false statement made knowingly, without belief in its truth, or recklessly as to its truth

What is an innominate term in contract law?

A term that cannot be labelled a condition or warranty until a breach occurs

Give one characteristic of a federal system of government.

Powers are divided between a central government and state governments

State one key difference between the Sale of Goods Act 1957 and the Consumer Protection Act 1999.

SOGA covers only goods; CPA covers both goods and services (other differences acceptable)

Under contract law, is silence generally acceptance of an offer?

No – silence does not usually amount to acceptance

List the five key elements in the Safa Travels Umrah package contract.

Offer, acceptance, consideration, intention to create legal relations, and capacity

If Safa Travels fails to supply an experienced mutawwif as advertised, what type of legal breach occurs?

Breach of contract

Discuss what is duty of care?

A legal obligation to take reasonable measures to ensure customers’ safety, health, and well-being. This includes safe transportation, secure and suitable accommodation, provision or proper meals and services, safety of all activities, ensuring customers’ safety and health are prioritized during the trip. This means that tour operators must act in the best interest of their clients and mitigate potential risks throughout the travel experience.

In negligence, what four elements must a claimant prove?

Duty of care, breach of duty, causation, and damage

Define Duty of care

Duty of care refers to the legal obligation that an individual or organization has to avoid causing harm to others by taking reasonable steps to ensure their safety and well-being.