The Package Travel Regulations

Kurt JansonPolicy Director

The What?

• The Package Travel, Package Holidays and Package Tours Regulations 1992

• Arise from the European Package Travel Directive 1990 which “is designed to protect consumers who contract package travel in the EU”

And these apply to me?

Afraid so – they apply to anyone who provides two of the following:

• Transport• Accommodation• Activities that are a significant component on the

package

Are there any out clauses?Not Many – they Don’t apply if:

• there is no accommodation and the trip is under 24 hours

• the Activity is educational or business related (eg., school trips and conferences)

• you put together the occasional ad hoc package for individuals

Damn, so what do I have to do?

• Any brochure produced must contain certain information related to the products and services provided and their quality

• Inform the customer of certain requirements prior to booking

• A contract that contains a range of information on the product, payment and complaints procedures

Is that All?

• Afraid not – you also have to supply other information in reasonable time before the trip itself such as;– The contact details of someone in case there is a

problem– Any insurance cover required– Times and places of any intermediate stops

Sounds like I’m Responsible

You are !

• If you are selling a package, you are responsible for every component of that package

Eeek ! Can I Limit my Liability?

• Not if someone hurts themselves or dies

• However, you can if some component is not delivered or doesn’t perform properly - provided that that limitation is reasonable

Please tell me that that’s it

Sorry

• One of the most important requirements is that you have a payment protection scheme in place so that they are refunded if you go bust or in case they need to be repatriated.

What happens If I don’t do these things?• A civil case for breach of contract

and/or

• A criminal offense with a fine of at least £5000

But that’s it this time, Right?

Sorry

• The EU is in the process of reviewing the whole Package Travel Directive

Dear Mother of God, why !

• Blame the internet and Opodo

• The regulations were developed before the dominance of internet booking and don’t take into account “dynamic packaging”. This is where people put together their own packages.

So what’s going to happen?Good Question !

However, it would be reasonable to assume that:

• the information requirements will get tougher rather than more lax

• the financial protection will probably increase

• the definition of a “package” will be extended to incorporate some forms of “dynamic packaging”

The Package Travel Regulations

Kurt JansonPolicy Director