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Liability for misleading brochures.
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11.—(1) An organiser or a retailer shall not supply to a consumer a brochure or other descriptive matter concerning a package, the price of a package or any conditions applying to a contract in respect of a package which contains any false or misleading information.
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(2) In any proceedings against a retailer under this section it shall be a defence to show that the retailer did not know and had no reason to suspect that the brochure or other descriptive matter concerned contained information which was false or misleading.
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(3) An organiser who provides a brochure or other descriptive matter concerning a package to a consumer (whether directly or through a retailer) shall be liable to compensate the consumer for any damage caused to the consumer as a direct consequence of and attributable to the consumer's reliance on information which is false or misleading—
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(a) contained in the brochure or other descriptive matter; or
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(b) given by the organiser in respect of the brochure or other descriptive matter.
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(4) A retailer shall be liable to compensate the consumer for any damage caused to the consumer as a direct consequence of and attributable to the consumer's reliance on information which is false or misleading—
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(a) contained in any brochure or descriptive matter supplied by the retailer, or
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(b) given by the retailer in respect of the brochure or other descriptive matter.
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