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[Scrapped] Ban on Overbooking

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Molopovia
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[Scrapped] Ban on Overbooking

Postby Molopovia » Sat Apr 10, 2021 4:56 am

Ban on Overbooking - Category: Regulation, Area of Effect: Consumer Protection



Concerned that the practice of overbooking, which effectively constitutes selling the same product or service twice, could set a permanent precedent for those industries most complicit in its practice (such as airliness and high-end restaurants, for which reservations are almost always required) if it carries on for any longer than it already has,

Disgusted that overbooking not only increases the profit of certain businesses at the expense of consumers who have been directly victimised by their inability to claim services offered by those businesses, but can also cause great distress to other consumers who have been unable to claim these services for reasons other than overbooking,

Aware that overbooking can - and does - affect individuals of all social strata, and is indeed widely perceived as an unethical practice, and

Seeking to abolish the scourge of overbooking once and for all,

The General Assembly hereby:
  1. defines, for the purposes of this resolution:
    1. "overbooking" as the practice of a company offering goods and services to more consumers than they can feasibly serve, in the expectation that some of those consumers will voluntarily decline such offers, and
    2. "relevant companies" as all companies in member states which provide services relating to hospitality, healthcare, tourism, and real estate to consumers in member states,
  2. requires member states to:
    1. ban all relevant companies within their jurisdiction from engaging in overbooking, and
    2. penalise all companies that engage in illegal overbooking,
  3. recommends that members forbid all companies within their jurisdiction, even if they are not relevant businesses, from engaging in overbooking, and
  4. further recommends that members inform all individuals within their jurisdiction about overbooking, how it can be avoided, and how to report businesses in violation of Articles 2(a) and (if necessary) 3 of this resolution.

Co-authored with Tinhampton.


The new draft has been co-authored by Tinhampton. The old draft can be found below:


Preventing The Practice of Overbooking - Category: Regulation, Area of Effect: Consumer Protection



The General Assembly,

Recognizing that overbooking causes frustration among many consumers around the world, with reservations being cancelled due to overloaded capacity every passing day,

Concerned that this predatory capitalist practice may continue to prey upon consumers and soon start setting a permanent precedent in industries such as airlines, hotels and other businesses where reservations are required,

Seeking to provide a fairer experience for every individual being the victim of businesses overbooking,

Further cognizant that this practice can be considered unethical and morally unjust by many, as it is selling the same product/service twice,

Reasoning that although this business practice helps them profit more by taking the money of consumers who do not arrive to consume the product or service, that it is still unfair for those who may have been unable to claim the product or service due to valid reasons (e.g. missing a flight because of traffic on the way to the airport),

Pressing that this practice can victimize from the poorest peasants to the richest businessmen, that anyone can fall prey to this significant problem of a practice, and needs to be banned,

Wishing that this tactic must be prevented from being practiced anymore,

Hereby:

1. Defines the practice of "overbooking" as the offering of products and/or services to far more consumers than they can serve in their capacity, in the expectation that at least a certain number of consumers would prefer to cancel, or refuse to arrive to take the product or service.

2. Lists some of the most common industries this practice is performed in and applies to is as follows; travel and tourism-related industries such as airlines and tourist agencies, the medical sector such as dental clinics, the broad hospitality sector (hotels, restaurants, and other services) and other miscellaneous businesses such as home sale and auctions.

3. Implements a staunch restriction of the overbooking practice on all applicable businesses,

4. Summarizing and laying out the clear intentions of this law listed as is, to;

    a. Ensure that no business is non-compliant with the regulations of this law,
    b. Sanction businesses that continue to practice overbooking in any way legally possible,
    c. inform consumers about how to avoid businesses that still practice it, and
    d. encourage consumers to report or tip off any business violating this law.




This is my first World Assembly proposal draft. I recognize that there will be some flaws spotted out by the community, and as such I am very welcome to feedback of all forms. Thank you.


Edit 1 - changed clause 4
Edit 2 - Added additional content
Edit 3 - moved clause 5 to the preamble
Edit 4 - added to the list of industries auctions and home sale
Edit 5 - Converted Clause 4's objectives to a list
Edit 6 - Draft co-authored by Tinhampton
Edit 7 - After four days, the draft has been placed in Last Call. A 48-hour window will be imposed for any last-minute changes.
Edit 8 - Cognizant of its very flawed nature of existence, this idea has been officially scrapped. Public support was non-existent.
Last edited by Molopovia on Wed Apr 14, 2021 9:37 am, edited 19 times in total.

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Postby Ardiveds » Sat Apr 10, 2021 5:58 am

OOC: The members of the world assembly must make sure that businesses operating within their jurisdiction comply with WA laws. If a nation doesn't do so, they would be in violation of WA laws themselves and thus be sanctioned by the compliance committee. Basically, you don't need to make an entire new committee for making sure this one resolution is not violated. The WACC already does that for every resolution.
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Postby Molopovia » Sat Apr 10, 2021 6:05 am

Ardiveds wrote:OOC: The members of the world assembly must make sure that businesses operating within their jurisdiction comply with WA laws. If a nation doesn't do so, they would be in violation of WA laws themselves and thus be sanctioned by the compliance committee. Basically, you don't need to make an entire new committee for making sure this one resolution is not violated. The WACC already does that for every resolution.


Fair point, I'll amend the proposal. Thanks for the catch
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Postby Separatist Peoples » Sat Apr 10, 2021 8:50 am

"How is this not adequately resolved by domestic contract law?"

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Postby Molopovia » Sat Apr 10, 2021 4:14 pm

Separatist Peoples wrote:"How is this not adequately resolved by domestic contract law?"


Sometimes, consumers may fall for it because at almost any case, businesses don't tell you whether they overbook or not. Domestic contract law only covers if the consumer knows about the practice being performed, and that this type of overbooking is a predatory method to procure additional profit.
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Postby Scalizagasti » Sat Apr 10, 2021 4:18 pm

"I am not quite convinced that overbooking is a matter of international concern that needs to be addressed by the WA"
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Postby Molopovia » Sat Apr 10, 2021 4:46 pm

Separatist Peoples wrote:"How is this not adequately resolved by domestic contract law?"

Further noting that this law can be used to root out any remaining overbooking companies who do not comply with domestic contract law.
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Postby Molopovia » Sat Apr 10, 2021 4:48 pm

Scalizagasti wrote:"I am not quite convinced that overbooking is a matter of international concern that needs to be addressed by the WA"

"Overbooking can also apply to businessmen, of whom have quite a lot of influence in the world, who plan important meetings, businesses. Even WA personnel."
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Postby Separatist Peoples » Sat Apr 10, 2021 5:36 pm

Molopovia wrote:
Separatist Peoples wrote:"How is this not adequately resolved by domestic contract law?"

Further noting that this law can be used to root out any remaining overbooking companies who do not comply with domestic contract law.

"Companies that break contacts are liable for their breach. That is the remedy for breach of contract. This isn't necessary."

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Postby Wallenburg » Sat Apr 10, 2021 5:43 pm

The current definition of "overbooking" includes auctions and public sale of homes, just so you know.
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Postby Molopovia » Sat Apr 10, 2021 5:50 pm

Separatist Peoples wrote:
Molopovia wrote:Further noting that this law can be used to root out any remaining overbooking companies who do not comply with domestic contract law.

"Companies that break contacts are liable for their breach. That is the remedy for breach of contract. This isn't necessary."


This law also covers black markets and illicit corporations that operate undercover, or have a few corrupt deals.
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Postby Separatist Peoples » Sat Apr 10, 2021 5:57 pm

Molopovia wrote:
Separatist Peoples wrote:"Companies that break contacts are liable for their breach. That is the remedy for breach of contract. This isn't necessary."


This law also covers black markets and illicit corporations that operate undercover, or have a few corrupt deals.

"If a business or transaction is breaking the law, why on earth is that business going to comply with laws regarding overbooking? This is absurd as requiring muggers say 'please' and 'thank you' during the crime."

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Postby Molopovia » Sat Apr 10, 2021 6:17 pm

Separatist Peoples wrote:
Molopovia wrote:
This law also covers black markets and illicit corporations that operate undercover, or have a few corrupt deals.

"If a business or transaction is breaking the law, why on earth is that business going to comply with laws regarding overbooking? This is absurd as requiring muggers say 'please' and 'thank you' during the crime."


Well, for legal companies, there still can be the risk of loopholes. Also, this is a specific law targetting a specific business practice, that can be legally and morally unjust at times.
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Postby Separatist Peoples » Sat Apr 10, 2021 6:40 pm

Molopovia wrote:
Separatist Peoples wrote:"If a business or transaction is breaking the law, why on earth is that business going to comply with laws regarding overbooking? This is absurd as requiring muggers say 'please' and 'thank you' during the crime."


Well, for legal companies, there still can be the risk of loopholes. Also, this is a specific law targetting a specific business practice, that can be legally and morally unjust at times.


"I would appreciate an example of a loophole that this proposal would close that extant contract law does not address."

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Postby Molopovia » Sat Apr 10, 2021 6:51 pm

Separatist Peoples wrote:
Molopovia wrote:
Well, for legal companies, there still can be the risk of loopholes. Also, this is a specific law targetting a specific business practice, that can be legally and morally unjust at times.


"I would appreciate an example of a loophole that this proposal would close that extant contract law does not address."


"The proposal would ban any form of overbooking, and with that said, that includes the core of overbooking: selling an item/service twice and having two contracts to the same thing. There is only one slot, so only one can get it and the rest will need to have an anticipatory breach. This can be loopholed by falsifying financial records and contracts to claim that all parties "claimed" their products. Now this may be covered by law at some nations, but I feel this can be tightly enforced and loophole closed with the WACC taking action on it."
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Postby Imperium Anglorum » Sat Apr 10, 2021 7:12 pm

Okay so why does contract law not provide remedies for breach of the contract to provide a service?

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Postby Molopovia » Sat Apr 10, 2021 7:29 pm

Imperium Anglorum wrote:Okay so why does contract law not provide remedies for breach of the contract to provide a service?


Because more often than not, it takes a lengthy and inefficient bureaucratic process until the issue reaches the attention of the courts, let alone the filing and the legal costs. Under the enforcement of anti-overbooking with the WACC, the international court can both prosecute and encourage businesses around the world to decommission this practice.

As for the contract law, as said earlier, it is vulnerable to under-the-table deals or other forms of corruption that wouldn't be able to be discovered fast by a national judiciary, but can be with the WA.
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Imperium Anglorum
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Postby Imperium Anglorum » Sat Apr 10, 2021 7:48 pm

Molopovia wrote:Because more often than not, it takes a lengthy and inefficient bureaucratic process until the issue reaches the attention of the courts, let alone the filing and the legal costs. Under the enforcement of anti-overbooking with the WACC, the international court can both prosecute and encourage businesses around the world to decommission this practice.

As for the contract law, as said earlier, it is vulnerable to under-the-table deals or other forms of corruption that wouldn't be able to be discovered fast by a national judiciary, but can be with the WA.

In the enforcement of a resolution, the WACC would petition for a fine to be levied by the GAO – after approval of the IAO – on the member nation which failed to enforce it. See GA 440. A directed right of action also exists under GA 466 which is just as judicial as a national court system would be. I don't find your claim of an advantage particularly plausible. Similarly, due to GA 2, there is no WA police. I'm unconvinced this is an issue that is sufficiently important that the WA should care about it.

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Postby Molopovia » Sat Apr 10, 2021 7:54 pm

In the enforcement of a resolution, the WACC would petition for a fine to be levied by the GAO – after approval of the IAO – on the member nation which failed to enforce it. See GA 440. A directed right of action also exists under GA 466 which is just as judicial as a national court system would be. I don't find your claim of an advantage particularly plausible. Similarly, due to GA 2, there is no WA police. I'm unconvinced this is an issue that is sufficiently important that the WA should care about it.


Firstly, consumer protection is a category many nations would care about, and this is just one of many ways to patch up exploitation of consumers. Second, fining nations would be more than enough to highly discourage nations to tolerate the practice, and it is more likely the nations will increase their efforts at clamping it down. For the matter of importance, I would like to state once more this issue plagues the poor, the middle-class and the rich, as well as influential individuals in the form of hotel reservations, house sales, and many more businesses that daily consumers would care to interact at. I stand confident that the WA would be able to enforce this and penalize (with a fine) those who do not comply.

I won't be submitting the proposal until things are cleared up. Thank you everyone for the constructive challenging.
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Postby Imperium Anglorum » Sat Apr 10, 2021 8:44 pm

Molopovia wrote:I would like to state once more this issue plagues the poor, the middle-class and the rich,

What you don't fly private?

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Postby Molopovia » Sat Apr 10, 2021 8:47 pm

Imperium Anglorum wrote:
Molopovia wrote:I would like to state once more this issue plagues the poor, the middle-class and the rich,

What you don't fly private?


Okay maybe not the richest of them all but consider the upper middle class and the lower rich class.
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Postby Jedinsto » Sat Apr 10, 2021 9:03 pm

"Not an international issue, opposed."

OOC: Why exactly is this on last call? No need to rush this.
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Postby Molopovia » Sat Apr 10, 2021 9:28 pm

Jedinsto wrote:"Not an international issue, opposed."

OOC: Why exactly is this on last call? No need to rush this.


(OOC) Going to give it 24 more hours for extra feedback then it's going submitted unless stated otherwise
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Postby Tinhampton » Sun Apr 11, 2021 12:14 am

Molopovia wrote:I won't be submitting the proposal until things are cleared up...

Oh Oh Sea: I'm surprised that you've interpreted IA's recent snappiness as clarification :P
Kevin Mitchell, fourth-in-line to the post of WA Delegate-Ambassador: I hashed up the following rewrite of this proposal while in our municipal delegation's office a few hours ago - this I have tentatively entitled "Ban on Overbooking". Any responses to it would be appreciated:
Code: Select all
[align=center][box][b][size=170]Ban on Overbooking [/size][/b] - [color=green]Category:[/color] Regulation, [color=green]Area of Effect:[/color] Consumer Protection[/align][/box]
[hr][/hr]
[size=106]Concerned that the practice of overbooking, which effectively constitutes selling the same product or service twice, could set a permanent precedent for those industries most complicit in its practice (such as airliness and high-end restaurants, for which reservations are almost always required) if it carries on for any longer than it already has,

Disgusted that overbooking not only increases the profit of certain businesses at the expense of consumers who have been directly victimised by their inability to claim services offered by those businesses, but can also cause great distress to other consumers who have been unable to claim these services for reasons other than overbooking,

Aware that overbooking can - and does - affect individuals of all social strata, and is indeed widely perceived as an unethical practice, and

Seeking to abolish the scourge of overbooking once and for all,

The General Assembly hereby:
[list=1][*]defines, for the purposes of this resolution:
[list=a][*]"overbooking" as the practice of a company offering goods and services to more consumers than they can feasibly serve, in the expectation that some of those consumers will voluntarily decline such offers, and
[*]"relevant companies" as all companies in member states which provide services relating to hospitality, healthcare, tourism, and real estate to consumers in member states,[/list]
[*]requires member states to:
[list=a][*]ban all relevant companies within their jurisdiction from engaging in overbooking, and
[*]penalise all companies that engage in illegal overbooking,[/list]
[*]recommends that members forbid all companies within their jurisdiction, even if they are not relevant companies, from engaging in overbooking, and
[*]further recommends that members inform all individuals within their jurisdiction about overbooking, how it can be avoided, and how to report businesses in violation of Articles 2(a) and (if necessary) 3 of this resolution.[/list]

[i]Co-authored with [nation]Tinhampton[/nation].[/i][/size]

Concerned that the practice of overbooking, which effectively constitutes selling the same product or service twice, could set a permanent precedent for those industries most complicit in its practice (such as airliness and high-end restaurants, for which reservations are almost always required) if it carries on for any longer than it already has,

Disgusted that overbooking not only increases the profit of certain businesses at the expense of consumers who have been directly victimised by their inability to claim services offered by those businesses, but can also cause great distress to other consumers who have been unable to claim these services for reasons other than overbooking,

Aware that overbooking can - and does - affect individuals of all social strata, and is indeed widely perceived as an unethical practice, and

Seeking to abolish the scourge of overbooking once and for all,

The General Assembly hereby:
  1. defines, for the purposes of this resolution:
    1. "overbooking" as the practice of a company offering goods and services to more consumers than they can feasibly serve, in the expectation that some of those consumers will voluntarily decline such offers, and
    2. "relevant companies" as all companies in member states which provide services relating to hospitality, healthcare, tourism, and real estate to consumers in member states,
  2. requires member states to:
    1. ban all relevant companies within their jurisdiction from engaging in overbooking, and
    2. penalise all companies that engage in illegal overbooking,
  3. recommends that members forbid all companies within their jurisdiction, even if they are not relevant companies, from engaging in overbooking, and
  4. further recommends that members inform all individuals within their jurisdiction about overbooking, how it can be avoided, and how to report businesses in violation of Articles 2(a) and (if necessary) 3 of this resolution.

Co-authored with Tinhampton.
Last edited by Tinhampton on Sun Apr 11, 2021 12:15 am, edited 1 time in total.
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Postby Molopovia » Sun Apr 11, 2021 12:24 am

The Molopovian Delegation sends its deep gratitude and appreciates the rewrite, as well as guaranteeing credit as co-author.



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