Tourism Services Regulation 2003

DISPUTE RESOLUTION PROCESS UNDER CLAUSE 4 OF THE SCHEDULE TO THE TOURISM SERVICES (CODE OF CONDUCT FOR INBOUND TOUR OPERATORS) REGULATION 2003

We hereby give you notice of Dispute Resolution process in accordance with clause 4 of the Schedule to the Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003

A tourist claiming that a dispute has arisen between the tourist and the tour operator shall notify the tour operator of the details of the dispute or disagreement.
The tourist shall set out the in writing the details of the dispute or disagreement.
The tour operator shall, within a reasonable time and having regard to the tourist’s status as a person who is only temporary in Australia, in writing reply to the tourist’s dispute or complaint.
The tour operator and the tourist shall use all reasonable means to resolve the dispute or complaint having regard to the issues raised in writing by the tour operator and the tourist.
The tour operator and the tourist shall use all reasonable means to meet and endeavour to resolve the dispute.
If the dispute cannot be resolved between the tour operator and the tourist, the tour operator and the tourist shall have the option to jointly agree upon a person to act as a mediator, to assist in negotiating a resolution of the dispute.
A mediator may not make a decision that is binding on a party unless that party has so agreed in writing. If a mediator is to be agreed upon, the tour operator and the tourist shall agree, prior to the mediation, as to what party/parties is/are to pay for the costs of the mediator.
The tourist shall be entitled to contact the Commissioner of Fair Trading if a tourist is concerned about the conduct of the inbound tour operator.
The dispute resolution process herein before mentioned does not stop the tourist from exercising the tourist’s rights to other legal remedies.