The greatest advance in British Consumer Travel Law is undoubtedly The Package Travel Regulations 1992, implemented for consumer protection.

The Package Travel Regulations were created following a European Directive (90/314/EEC), which answered numerous complaints throughout Europe, of the lack of redress a consumer had in a Package Holiday contract.

The Directive was adopted by the UK in the form of the regulations on the 31st December 1992 and they have had considerable impact on the rights of consumers in this country.

The Regulations set out how the parties to the contract may be identified and goes onto deal with what information should be provided to the customer at the beginning of the contract.

The following are summaries of the regulations:

Within Regulation 2 a ‘Package’ means a pre-arranged combination of at least two components. When they are sold or offered for sale they must be done so at an all-inclusive price, and when the contract is for more than 24 hours or has overnight accommodation, has either:

• Transport;
• Accommodation;
• A ‘tourist service’ not ‘ancillary to transport or accommodation’ and accounting for a significant proportion of the package’

Regulation 2 goes onto deal with the new issue of DIY packaging, in other words booking your holiday over the internet. If you book a holiday in this way, is it still a package holiday and will it still attract the consumer protection of the regulations?

The Regulations states:

1. The submission of separate accounts for different components shall not cause the arrangements to be other than a package;
2. The fact that a combination is arranged at the request of the consumer and in accordance with his specific instructions (whether modified or not) shall not of itself cause it to be treated as other than pre-arranged’

The current consensus is that such holidays are Package Holidays and until the matter is challenged in court that interpretation stands.

Regulation 5 requires an Organiser or Retailer NOT to make available a brochure that does not provide legible and clear information. This includes information that provides details on accommodation. If found to be proved such an Organiser or Retailer can be subject to a charge before a Criminal Court and subjected, if found guilty, to a fine.

Regulation 9 requires that a copy of the contract be supplied to the consumer incorporating a wide rage of information, including accommodation, before departure.

Regulation 12 states that a term is implied into every contract that – “where the organiser is constrained before the departure to alter significantly an essential term of the contract, such as the price (so far as regulation 11 permits him to do so), he will notify the consumer as quickly as possible in order for him to take appropriate decisions and in particular to withdraw from the contract without penalty or to accept a rider to the contract specifying the alterations made and their impact on the price – the consumer will inform the organiser or the retailer of his decision as soon as possible”

Regulation 13 goes onto state that subject the events within regulation 12 or if the organiser cancels the holiday, the consumer is entitled to: “take a substitute package of equivalent or superior quality if the other party to the contract is able to offer such a substitute; to take a substitute package of lower quality…and recover the difference in the price; to have repaid to him as soon as possible all the monies paid by him under the contract” – the regulation goes onto state that the consumer can also obtain compensation except in circumstances where there are too few people on the tour, cancellation is due to circumstances beyond the organisers control, overbooking will not be a reason for compensation.

Regulation 14 states that – “(1) where after departure, a significant proportion of the services contracted for is not provided or the organiser becomes aware that he will be unable to procure a significant proportion of the services to be provided – (2) the organiser will make suitable alternative arrangements, at no extra cost to the consumer, for the continuation of the package, and will, where appropriate, compensate the consumer for the difference between the services to be supplied under the contract and those supplied – (3) If it is impossible to make arrangements as described in paragraph (2), or these are not accepted by the consumer for good reasons, the organiser will, where appropriate, provide the consumer with equivalent transport back to the place of departure or to another place to which the consumer has agreed and will, where appropriate, compensate the consumer”.

It is however Regulation 15 that has most impact on all holiday claims.

Regulation 15 is summarised:

The Organiser (which is the term used to describe the tour operator) is liable for the failures of hoteliers, suppliers and services within the contract.

The Organiser’s Representative (the rep) must provide you with prompt assistance in resort.

The consumer must make an early complaint in the event of a failure in your holiday. You must give the rep every opportunity to resolve your complaint in resort.

On your return, you must write to the tour operator within a ‘reasonable’ period, this is defined within the brochure, and is usually 28 days.

There are 3 defences to any claim:

• If the failure was due to the fault of the consumer;
• The failure was the fault of a third party not connected with the contract and the failure in question was unforeseeable or unavoidable;

Or such failures were due to:

• Unusual and unforeseeable circumstances beyond their control, the consequences of those circumstances could not be avoided if all due care had been exercised, or

An event that has caused the failure which even with all due care could not have been foreseen or forestalled.

The information above should assist you to argue your position; however you should also remember to read the regulations along with your contract with the tour operator. If you encounter any difficulties, or if you are offered any compensation, do not take any further action without first seeking advice.

Tags: holiday claims, holiday complaints, Holiday Food Poisoning Claims, holiday illness, Holiday Sickness

This entry was posted on Saturday, June 7th, 2008 at 2:03 pm and is filed under Resolve, Travel Advice, Your Consumer Rights. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.