U.K. Package Travel and Linked Travel Arrangements Regulations 2018

[Riocca]

For those in the who fancy a little light reading new regulations come into force on the 1st July 2018 which update the previous Package Tour Regulation 1992. This is a link https://www.legislation.gov.uk/ukdsi/2018/9780111168479/pdfs/ukdsi_9780111168479_en.pdf

 

This is not retrospective legislation so all existing bookings are subject to the 1992 regulations. There are some interesting changes especially regarding supply of information and being able to transfer bookings.

 

But I’ve extracted the key rights as follows:

 

Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

 

Travellers will receive all essential information about the package before concluding the package travel contract.

There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

 

Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.

 

Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

 

The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

 

Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

 

Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.

 

Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

 

If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

 

Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.

 

The organiser has to provide assistance if the traveller is in difficulty.

 

If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if services are denied because of XY’s insolvency.

[Boycey]

Thank you, Riocca for an interesting summary.

 

Certainly news to me that in the event of a cruise line reserving the right to pass on fuel cost increases then they must also pass on any decreases. I wonder if they have to make customers aware of decreases or just respond if the customer makes a claim?

[Riocca]

Thank you, Riocca for an interesting summary.

 

Certainly news to me that in the event of a cruise line reserving the right to pass on fuel cost increases then they must also pass on any decreases. I wonder if they have to make customers aware of decreases or just respond if the customer makes a claim?

 

 

 

Going to be interesting as the t&c’s should reflect the new legislation, however as it would only apply to bookings made after 1st July 2018 the change over period could be an administrative nightmare for them.

As an aside P&O U.K. announced today they have sold Oriana the offers they have made to passengers who have had bookings cancelled are very poor and probably don’t comply with current regulations. It certainly brings into perspective that when thing happen with Azamara just how well the affected customers are treated, whatever some may think.

 

 

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