Holiday Hygiene Claims | The Consumer Detriment 19
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 Ms R, she stated:
“Furthermore, whilst ‘enjoying’ the restaurant facilities it was noted that the waiter was smoking whilst sorting cutlery; he then proceeded to the food preparation area whilst still smoking. The light fittings were hanging from the ceiling exposing bare wiring and the floor tiles in the dining room were cracked to the extent that children were tripping over sharp edges of the tiles, whilst the waiters looked on, laughing. The step between the restaurant and the supermarket was a further hazard as you can clearly see from the photographs……
The food was always cold unless you were fortunate enough to be there as it was being served onto the buffet area. The salad bar was ‘topped up’ daily rather than completely replaced and was left uncovered along with the cold meats, fish, pork and chicken, for at least 2 hours every day. Our ‘all inclusive breakfast’ consisted of cold scrambled egg and stale bread each morning…” (L15.06)
Ms R is now receiving advice and assistance from the team at HolidayTravelWatch.
Frank Brehany, the MD of HolidayTravelWatch states;
“This is supposed to be the ‘golden age’ of travel where lessons have been learnt, and holidaymakers are supposed to be protected by good health and safety audits. In any review of the Package Travel Directive and any subsequent re-drafting, sufficient consideration must be given to the evident health and safety issues experienced by many British Holidaymakers. Will the EU Commission rise to the challenge of the Consumer?”
If you have been affected by any Holiday Hygiene complaints, please contact us at HolidayTravelWatch
Please see our Legal Notice for further information on our services.
Tags: holiday claims, holiday complaints, Holiday Hygiene Claims, holiday illness
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.
