Package Travel Regulations can assist on many levels
Latest Blogs by Author
The Package Travel Regulations were created following a European Directive (90/314/EEC) and were adopted by the UK on 31st December 1992. The Regulations have impacted greatly on holidaymakers consumer rights ever since.
I do not intend to explain all of the Legislation in this blog but the full Regulations can be found here.
One very important aspect is that the Regulations may allow the consumer to bring a claim against their Tour Operator in this country (rather than pursuing a claim against a foreign hotelier or airline in the country where the accident or illness actually occurred). The Regulations make the Tour Operator / holiday provider / organiser responsible for all services that are provided as part of a ‘package holiday’. It therefore makes sense to me to book a package holiday rather than a DIY holiday.
Defining a ‘package’ can be complex but the Regulations say it:
“means the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:-
(c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package
and (i) the submission of separate accounts for different components shall not cause the arrangements to be other than a package; (ii) the fact that a combination is arranged at the request of the consumer and in accordance with his specific instructions (whether modified or not) shall not of itself cause it to be treated as other than pre-arranged”
Package Travel Regulations – accident case success story
The Package Travel, Package Tours and Package Holidays Regulations 1992 proved of great assistance in dealing with a claim for a client of mine recently. Mrs L was on holiday in Benidorm last year when she unfortunately suffered injuries. She was taking the lift in the hotel to go to the restaurant. Unbeknown to her, as the doors opened, the lift had stopped some distance below the level of the floor and as a result she stumbled and fell into the lift causing injury. Fortunately, Mrs L had purchased a ‘package’ holiday and as such I was able to utilise the Regulations to bring the case against the Tour Operator here rather than Mrs L having to pursue the matter in Spain with all of the difficulties that would involve.
As a result, the case was resolved quickly with Mrs L receiving well in excess of £3,000.00 in settlement of her claim.
If you have fallen ill or been injured whilst on holiday in the UK or abroad then you could potentially claim for compensation. We can help, just simply contact us on 0800 0384 384 or fill out the claim form here and a specialist travel personal injury lawyer can review your compensation claim for free. We are available to take your call 24 hours a day, seven days a week.