What rights do I have under the Package Travel Regulations?
Have you been injured in an accident abroad while on a package holiday? Or have you suffered financial loss as a result of breach of contract by a tour operator? If so, you may be entitled to claim compensation under the 1992 Package Travel regulations.
What is a package holiday?
In establishing whether you have booked and paid for what is deemed a ‘package holiday’, Regulation 2 of the Package Travel, Package Holidays and Package Tours Regulations 1992 defines “Package” as the pre-arranged combination of transport, accommodation and other tourist services for a significant proportion of the holiday. The service must also cover a period of more than twenty-four hours or include overnight accommodation.
It used to be the case that if an accident occurred abroad you would have to pursue any claim for compensation in the country where the incident happened. However thanks to the 1992 Package Travel Regulations you are entitled to bring your claim in England & Wales regardless of the location of the accident.
Additionally, it is important to note that the 1992 Package Travel Regulations protect packages which are not classified as holidays. Business travel arrangements and educational weekends are just two examples of packages covered under the 1992 regulations. If you are unsure as to whether your travel falls under the above definition please check with us.
Holiday Brochure Requirements
While there is no strict guidance on how much you can claim for loss of enjoyment, it is important to note that Regulation 4 states that no travel organisers
1.) type of accommodation;
2.) which meals the package covers;
3.) an itinerary of the activities included;
4.) general information about passport and visa requirements;
5.) information about health formalities required for the journey and the stay.
If the contractors or organisers fail to provide you with the appropriate information they may be liable to compensate you.
Unless the contract specifies the possibility of upward or downward revision of the price, any revision to the price of the package holiday shall be void.
Cancellations or delays
If problems with the package holiday occur in the form of cancellations or delays, sections 12 and 13 of the Package Travel Regulations address this. If alterations to your package holiday arise, the operator must notify you as quickly as possible. After you are made aware of the changes, you are entitled to withdraw from the contract or accept the delays. If you do decide to cancel the holiday, you may be entitled to some compensation.
Changes to the contract
Regulation 14 addresses your rights where your plans change from what was agreed within the contract. It specifies that if the tour operator becomes aware that services must be changed, they must make suitable alternative arrangements at no extra cost to the consumer. Additionally, the operator must compensate the consumer for the difference between the services agreed within the contract and those supplied.
If you have been on a package holiday within the past 3 years and have suffered an accident or other serious loss, please contact our FREE LEGAL HELPLINE on 0808 139 1594