The Package Travel, Package Tour and Package Tour Regulations were introduced in 1992 to protect customers if they were injured on a package holiday and it wasn’t their fault. The regulations meant that if someone was injured as a result of inadequate accommodation, travel arrangements, or another element of a ‘package’ holiday, they would be able to claim compensation from the tour operator in the UK.
Over the years the definition of a package holiday has changed. When the regulations were first introduced a package holiday was defined as a combination of at least two components of transport, accommodation or other tourist services making up a significant part of the holiday, when they are sold all together and not as individual components.
When the regulations came out in the 1990s, this definition of a package holiday reflected the general way in which people booked their holidays. However, since then, the way we book our holidays has changed due to the wide variety of hotels and airlines now available to book on the internet. The Civil Aviation Authority advised that up to 98% of holidays came under the definition of a ‘package’ when the Regulations were introduced. It is now thought that only around 50% of holidays come under the same definition.
Many clients are often unclear as to whether their holiday is classified as a ‘package’. They are frequently of the understanding that they are on a package holiday as they have booked flights and accommodation through a travel agent but this is often not the case. If a travel agent offers someone all the services for their holiday for one price then this would be classed as a package holiday. But if the travel agent tells someone individual prices for each service (e.g. accommodation and travel), and then explains that these can be purchased individually, even if they are all bought at the same time, this would not be classed as a package holiday.
Several recent court cases have illustrated the confusion around the definition of a ‘package holiday’ and as such, the European Union are looking to update the Package Travel Directive. The European Commission revealed its proposals for reforms of the Package Travel Directive in July 2013. The changes aim to modernise package holiday law to protect people when they are on more customised holidays.
Holiday Claims with Freeclaim Solicitors
Freeclaim Solicitors have many years’ experience of dealing with package holiday claims and other holiday claims; helping clients claim compensation for accidents that happen whilst abroad and also in the UK.
We can help with a wide variety of holiday accident claims, including swimming pool accidents, road accidents, holiday illness, sporting accidents and more.
Making a holiday claim after an accident or illness is a complex area of accidents abroad and holiday claims.
For advice, call today on 0800 612 7340. Or alternatively, fill in our online enquiry form and we’ll call you back.
Freeclaim Solicitors. Specialists in Package Holiday Claims.
Published: 20th December 2013
Author: Michael Walker, Solicitor.