OCBA - For Consumers

For Consumers

Recreational Services & Fair Trading Laws: For Consumers

From 1 January 2011:

Your rights:
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services), there is a statutory guarantee that those services:

will be rendered with due care and skill; and
any product resulting from those services will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).

Excluding, restricting or modifying your rights:

The supplier of the recreational service is entitled to ask you to agree to exclude, restrict or modify some of his or her liability;
If you agree to exclude, restrict or modify the supplier's liability, compensation may not be payable if you or a third party consumer (i.e. another person for whom or on whose behalf you are acquiring services) suffer personal injury.

Important

You do not have to agree to exclude, restrict or modify your rights.
The supplier may refuse to provide you with the service if you do not agree to exclude, restrict or modify your rights.
Even if you sign a form agreeing to exclude, restrict or modify your rights, you may still have further legal rights against the supplier. (For example, you may still have rights against a supplier who has engaged in reckless conduct).

Children under 18 years of age

A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
The supplier may refuse to provide you with the service if you do not agree to exclude, restrict or modify your rights.
A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.

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