Despite the provisions contained in the Package Travel Regulations you may need to consider issues of Misrepresentation, Frustration or Negligence in contract. Only specialist legal advice can guide you on those points.

HolidayTravelWatch has received complaints on how holiday contracts have been unfairly delivered or interpreted by tour operators.

It is as well to argue that the failure in question is based around an unfair contract term. The following provision is a summary of the relevant section.

Section 3 (2) (b) of the Unfair Contract Terms Act states that a [providing party] ‘cannot by reference to any contract term….claim to be entitled….to render a contractual performance substantially different from what was reasonably expected of him’. The key phrases here are ‘substantially different’ and ‘reasonably expected of him’. However, given the potential problems at a property, or with an airline or any other issue affecting the delivery of the holiday, the question to be asked is will this have an impact on the holiday, and could be said to be ‘substantially different’ from what was promised or ‘reasonably expected’. You should also pay heed to any term in the contract that seeks to avoid such a liability by citing change. If the matter was brought to court attention would also be paid to the circumstances of the case – again, only properly qualified legal advice can guide you on this point.

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.