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The Package Travel Regulations
Kurt JansonPolicy Director
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The What?
• The Package Travel, Package Holidays and Package Tours Regulations 1992
• Arise from the European Package Travel Directive 1990 which “is designed to protect consumers who contract package travel in the EU”
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And these apply to me?
Afraid so – they apply to anyone who provides two of the following:
• Transport• Accommodation• Activities that are a significant component on the
package
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Are there any out clauses?Not Many – they Don’t apply if:
• there is no accommodation and the trip is under 24 hours
• the Activity is educational or business related (eg., school trips and conferences)
• you put together the occasional ad hoc package for individuals
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Damn, so what do I have to do?
• Any brochure produced must contain certain information related to the products and services provided and their quality
• Inform the customer of certain requirements prior to booking
• A contract that contains a range of information on the product, payment and complaints procedures
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Is that All?
• Afraid not – you also have to supply other information in reasonable time before the trip itself such as;– The contact details of someone in case there is a
problem– Any insurance cover required– Times and places of any intermediate stops
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Sounds like I’m Responsible
You are !
• If you are selling a package, you are responsible for every component of that package
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Eeek ! Can I Limit my Liability?
• Not if someone hurts themselves or dies
• However, you can if some component is not delivered or doesn’t perform properly - provided that that limitation is reasonable
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Please tell me that that’s it
Sorry
• One of the most important requirements is that you have a payment protection scheme in place so that they are refunded if you go bust or in case they need to be repatriated.
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What happens If I don’t do these things?• A civil case for breach of contract
and/or
• A criminal offense with a fine of at least £5000
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But that’s it this time, Right?
Sorry
• The EU is in the process of reviewing the whole Package Travel Directive
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Dear Mother of God, why !
• Blame the internet and Opodo
• The regulations were developed before the dominance of internet booking and don’t take into account “dynamic packaging”. This is where people put together their own packages.
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So what’s going to happen?Good Question !
However, it would be reasonable to assume that:
• the information requirements will get tougher rather than more lax
• the financial protection will probably increase
• the definition of a “package” will be extended to incorporate some forms of “dynamic packaging”
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The Package Travel Regulations
Kurt JansonPolicy Director