The greatest advance in British Consumer Travel Law is undoubtedly The Package Travel Regulations 1992, implemented for consumer protection. Read More

Problems associated with DIY or Dynamically Packaged Holidays accounts for the second most popular holiday complaints we receive!  Many Travel Consumers believe that they are booking a Package Holiday and this was accepted by all (except for some the British contingent) at the recent Stakeholder Conference in Brussels on 22 April 2010!  It is quite clear that the Package Travel Directive was intended to cover so-called DIY holidays, but unfortunately, the British Travel Consumer has been disadvantaged by a series of legal cases exercised before the Court of Appeal!  In the May 2007 edition of Get’Away, we examined the dilemma for one holidaymaker, faced with suing 2 online ‘agents’ and a hotelier in a foreign jurisdiction!  We explored whether this is a Package and offer a problematic solution to his dilemma!  It should be remembered the Package Travel Directive is currently being examined by the EU Commission with a view to importing a greater certainty into its provisions! Read More

Since 2005, the issue of Significant Change before departure, accounts for the second most popular of all holiday complaints received by HolidayTravelWatch (it is joint second with DIY/Dynamically Package Holiday Complaints – the top complaints we receive are holiday illness claims)!  Significant Changes occur usually when some aspect to the holiday is radically changed, for example, a change of hotel, overbooking of a hotel, a change of resort, closure of facilities, a change in a ship’s or tour’s itinerary, natural or man made disaster’s affecting a destination, outbreak’s of illness at a hotel, resort or on board a ship etc!  We have seen through Regulation 12 how a travel provider, when they become aware of a pre-departure ’Significant Change’ to your contract, must advise you of those changes, to give you the opportunity to cancel without penalty or to accept the changes with a rider to the contract!  However, Regulation 13 takes Consumer Rights further!  It obligates a travel provider to provide important options for you the travel Consumer!  In the May 2007 edition of ‘Get’Away’, we set out the consumer ‘benefit’ of Regulation 13 of the Package Travel Regulations and detail the rights that should be given to you before departure! Read More

Due Diligence is where a company must exercise care to ensure that problems with a product or that their duties under law are properly assessed, so as to not mislead or put at a disadvantage, the receivers of that servce.   The due diligence defence is also incorporated into The Consumer protection from Unfair Trading Regulations 2008 at Regulation 17 (we have published an extensive article on those regulations by reference to the issue of holiday sales and complaints).  With the May 2007 edition of our Travel-Zine, Get’Away – our article – Package Travel Regulations Tip - highlighted the ’Due Diligence’ Defence that can be employed by a Tour Operator under Regulation 24 of The package Travel Regulations. Read More

Have you been told that ‘normal booking conditions apply’?  Has your holiday been changed before departure from what you thought you would receive? In the first of a series, we discuss a travel Consumers rights where a ‘Significant Change’ has been made to their holiday. We highlight the rights contained under Regulation 12 of The Package Travel Regulations and discuss what could consitute a ‘Significant Change’.  In the last few years many holidaymakers have experienced ’significant changes to their holiday contracts; this is something that is causing serious concern at the EU Commission!  We would also recommend that you read our article on your Regulation 13 pre-departure rights as this provides further obligations on travel providers! Read More

The HolidayTravelWatch PTR Tip, within the latest edition of ‘Get’Away’, highlights the rights enjoyed by a travel consumer under Regulation 15 of The Package Travel Regulations (this is the Regulation that provides for liability against a travel provider in a holiday contract), and the defence that can be employed by a Travel Organiser. Read More

This is the second lead article from our Travel-Zine in which we comment upon the threat to the Package Travel Regulations following the recent decision by the Court of Appeal in R v CAA.   This issue is very important to the Consumer, particularly where they suffer detriment in their holiday contracts.  Many holiday complaints involve reports of holiday illness/sickness, holiday accidents, changes to holidays, flight changes and poor customer service.  Read More