The recent case of CAA v Travel Republic has once again opened the debate as to what constitutes a ‘Package’.  The debate has naturally centred on the issue of Consumer Financial Protection and the reader could be forgiven for thinking that this issue is all that rests at the heart of what is meant by Consumer Protection.  Read More

Those of us working within the Travel Industry (there are those who think that HolidayTravelWatch is not part of the Industry – oh well!) have since 2005, commented on the growth of the so-called DIY or Dynamically Packaged Holiday and the threat to Consumer Rights.  For our part, we have illustrated very clearly to the UK Government and the EU Commission the real detriment being suffered, not just by British Holidaymakers, but also by other EU Citizens!  For the last 2 years the EU Commission has been building up a body of information through consultations and surveys and it was expected that from this autumn through to the spring 2010, they would announce their proposals for a revised Package Travel Directive. Read More

In a recent edition of the Travel Trade Gazette a letter was written by a travel agent under the title – ‘Protection crisis is harming the good guy’s reputations’.  It is important to consider the key points that this agent raised.  They argue that if you sell insurance or other financial products you have to be accredited or certified.  They also highlight regulatory requirements if you sell food or are involved in certain building work.  The writer of the letter then states – “So surely the ruling should be if you want to sell holidays and travel to the consumer, you must be bonded.  No bond, no business.  Too many companies come and go, owing thousands of pounds to consumers.  They offer ‘cheap’ holidays, often making pennies and wonder where it all went wrong.  This then tars us with the same brush.  The good guys are bonded, offer protection, have better knowledge and care about the consumer.  They are not there to make a quick buck”. Read More

The issue of Holiday Financial Protection through the ATOL scheme has attracted intense scrutiny since the collapse of the XL Group and Freedom Direct.  We have been guiding Mr & Mrs A – consider this quote from Mrs A – “the more this is highlighted the better – various people who I have spoken to – are under the impression that if a Tour Operator has an ABTA/ATOL No, they are covered – how wrong they are!!”  Mr & Mrs A booked a holiday through the collapsed travel provider, Freedom Direct.  They purchased a flight, hotel and transfers, all stated as one inclusive price.  They have advised that it was their intention to purchase a package holiday and that there was nothing that they could see or hear, which put them on notice that it was anything other than a package holiday! Read More

The Unfair Commercial Practices Directive came into force on 26 May 2008 in the UK as The Consumer Protection from Unfair Trading Regulations 2008 (referred from here on as the Unfair Trading Regulations).  They were introduced following a lengthy EU wide consultation on how the consumer was disadvantaged by the actions and behaviour of companies.  The Regulations can be found at this link – http://www.opsi.gov.uk/si/si2008/uksi_20081277_en_2#pt1-l1g1  The Regulations repealed vast areas of previous UK consumer laws. Read More

Holiday TravelWatch Clinic – Case Study (Significant Change Rights – Pre & Post Departure): Read More

We often hear from holidaymakers who do not receive their holiday information in time for their holiday.  Regulation 8 of The Package Travel Regulations creates the obligation that information must be provided in good time.  Before the journey starts, information must be provided to the holidaymaker in writing or ‘in some other appropriate form’.  That information includes, times of transport, stops, details of accommodation on transport.  The names, addresses and telephone numbers of the local representative or agency where there is no rep—if neither exist, the contact details of the tour operator.  There are additional details that must be provided where the holidaymaker is under 16 years of age.  Where an insurance policy has been taken out, information on that policy.  The Regulation goes onto state that where the information is not supplied, the tour operator shall be guilty of a criminal offence, which on either summary conviction or conviction on indictment they can be subjected to a fine. Read More