Holiday Illness Claims | The Consumer Detriment 14
Since 2005, HolidayTravelWatch has provided comment on the ever increasing threat to The Package Travel Regulations. This situation has developed partly through the changing style of purchasing holidays, but principally from the Court of Appeal decision as to what they considered constituted a ‘package’.
After considerable debate, the Department for Business Enterprise and Regulatory Reform (DBERR) has produced a Guidance note, in an attempt to assist with the definition as to what constitutes a ‘package’. Why is this definition important? Simply, if an agent or operator can show that they are simply selling components, then they will escape the regulatory requirements of the Air Tour Operator licence (ATOL) scheme and, the provisions of The Package Travel Regulations. If that is the case, then the hard fought rights to protect the consumer will be lost. The consumer will be unprotected.
We have contributed to the continued debate, submitting our report examining consumer detriment, to the EU Commission and DBERR in October 2007. In that report we highlighted th very real risk that is now faced by the British Travel Consumer, through 160 case studies. We have also provided what we consider to be the solution to the diminution of Travel Consumer rights.
The EU Commission are currently reviewing the Package Travel Directive, but the result of their enquiries, along with their recommendations, is not expected for some time. The reaction to the recent Guidance produced by DBERR, produced a cautious welcome from the Travel Industry, but it does not deal with their principle concern, that being the market operations of the airline industry. They argue, if they are subject to a regulatory regime, then so should the airline industry when they sell holidays on their websites. We have argued that any regulatory regime should apply across the board, not just to one segment of the Travel Industry.
We have predicted, a notion rejected by DBERR, that their Guidance note and the Court of Appeal decision gives a green light to those who want to ‘deregulate’ the package holiday. HolidayTravelWatch continues to hear from Travel Consumers suffering detriment in their holiday contracts. A recent call for help came from a Mr M, he stated:
“[his wife] became very ill so she went to see the ships doctor who prescribed Immodium and she was told that she should stay in the cabin for 48 hours. I was not confined to the cabin but I was told that I could not go into any of the eating areas on board…we received a letter from the hospital confirming that she had salmonella” (04.06)
Mr M is now receiving advice and assistance from the team at HolidayTravelWatch.
Frank Brehany, the MD of HolidayTravelWatch states;
“This is a typical story of illness, with the added problem of confinement on board a cruise liner. Confinement does not stop the spread of Salmonella; de-regulation will increase similar claims for compensation for holiday illness. The EU Commission must act to protect all holidaymakers, in all holiday contracts, and prevent the rise of holiday illness claims”.
All Holidaymakers affected by any of these issues should contact HolidayTravelWatch for further assistance.
Tags: holiday claims, holiday complaints, Holiday Food Poisoning Claims, holiday illness, Holiday Sickness, The Package Travel Regulations
HTW has noted that amongst the submissions to the Committee on Toxicity (COT) it has been suggested that the symptoms highlighted by crew and passengers were akin to the condition of hyperventilation.
HTW has for many years received reports from concerned holiday makers or independent travellers as to the safety of their aircraft, ship or boat, train or road transport.
