Package Travel Quick Facts
Relevant or Related Legislation:
Consumer protection is offered under The Package Travel, Package Holidays and Package Tours Regulations 1992. You may view the regulations on-line at http://www.opsi.gov.uk/si/si1992/Uksi_19923288_en_1.htm.
Key Facts:
What makes a package holiday? The definition of a package holiday is complex, but a package holiday must:
• be sold or offered for sale
• be sold at an inclusive price
• be pre-arranged
• include a minimum of two of the three elements of:° Transport
° Accommodation
° Other tourist services (not ancillary to transport or accommodation) accounting for a significant proportion of the package, such as a tour guide.
In the UK, anyone who offers for sale (other than occasionally) package holidays must comply with the Package Travel Regulations 1992. These set out travel organisers' responsibilities to their customers and remedies available to them should there occur a breach of the regulations.
The regulations provide consumers with statutory legal rights against tour operators by making clear to operators that they have legal responsibilities to their customers. The Regulations also enable dissatisfied holidaymakers to pursue their case with a single supplier, the travel organiser, instead of with individual suppliers such as airlines or hoteliers.
Where a tour operator has failed to honour its contractual obligations to a customer, it may be liable to pay compensation.
Frequently Asked Questions (FAQs)
Q1. What should I do if I am unhappy with my holiday?
Q2. What are my rights if a tour operator is not covered by ABTA/ATOL?
Q3. Is there anywhere locally I can seek advice on how to pursue a complaint about a holiday?
Q4. Do I really need travel insurance if I go on holiday?
Q5. Am I compelled to buy the insurance policy that the travel agent offers me?
Q6. My holiday did not match the description in the brochure - what can I do about this?
Q7. My flight was altered at the last minute. What are my rights?
Q8. I had to pay a costly flight supplement because I flew from my local airport.
Q9. Why should I have to pay a single person supplement?
Q10. Why is my child being charged adult prices for our holiday?
Q11. Can a tour operator change the price of the holiday after booking?
Q12. What happens if I cannot go on a holiday that I have booked?
Q13. Why are cancellation charges so high?
Q14. Why do I have to pay more for my holiday during school holidays?
Q15. Where do I go for help in setting up my own Travel Business?
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Q1. What should I do if I am unhappy with my holiday?
In the first instance, you should let the resort representative know of your concerns. Alternatively, on your return home you should address your complaint direct to whomever you bought the holiday from. This will usually be a tour operator rather than the travel agent where you booked your holiday, though travel agents sometimes also arrange packages.
If you cannot resolve the problem, and the travel organisation is a member of a Trade Association, such as the Association of British Travel Agents (ABTA), you should consider seeking the assistance of the Trade Association to resolve the dispute.
Q2. What are my rights if a tour operator is not covered by ABTA/ATOL?
You still have the same rights regardless of whether a tour operator is a member of a Trade Association, such as ABTA, or has an Air Travel Organisers Licence (ATOL). If a tour operator is an ABTA member you can choose whether to pursue a case via the ABTA independent arbitration scheme, instead of through the small claims court.
Q3. Is there anywhere locally I can seek advice on how to pursue a complaint about a holiday?
Yes, Trading Standards Departments, which are located within local councils, are responsible for enforcing the Regulations. Most of them also have advice centres, which should be able to offer practical advice on individual cases. Another source of advice is your local Citizen's Advice Bureau (CAB).
Q4. Do I really need travel insurance if I go on holiday?
The Department's advice would be always to take out insurance appropriate to your needs before you travel. For example, if you are taking a ski holiday, or going scuba diving, make sure the policy of your choice covers the risks associated with sports such as these.
Q5. Am I compelled to buy the insurance policy that the travel agent offers me?
A travel agent or tour operator can only insist that you take out their insurance as part of their package holiday if it is included as part of the package itself. If no insurance element is included in the contract then the consumer has the right to seek independent insurance cover.
There is no legal requirement that the consumer takes out insurance cover although we would strongly advise that you do so and to shop around for the insurance best suited to your needs.
Q6. My holiday did not match the description in the brochure - what can I do about this?
A tour operator does not have to provide a brochure. However, where he does so, the Package Travel Regulations require that it must contain accurate information in relation to certain specified matters, including the type of accommodation on offer and its location. If you think you have been misled by material in a brochure, you should report it to your local Trading Standards Department who will investigate as appropriate.
The regulations also prohibit travel agents from knowingly supplying to consumers brochures containing misleading information.
Q7. My flight was altered at the last minute. What are my rights?
Such a significant alteration to a holiday itinerary should be made known to you as soon as possible. If a tour operator has not done so he may be liable to compensate you - but each case will depend on its individual circumstances. If in doubt, seek advice from your local Trading Standards Department.
Q8. I had to pay a costly flight supplement because I flew from my local airport. This does not seem fair.
Following an investigation into complaints about the cost of flight supplements for package holidays from Scottish and local airports, the Office of Fair Trading (OFT) has concluded that there are no grounds for further action under competition law. The report does, however, call on tour operators to provide a clearer explanation of their charges to consumers.
Q9. Why should I have to pay a single person supplement?
The travel industry argues that there are sound economic reasons for charging them. It is worth pressing tour operators to explain and justify these charges if you object to them, since such pressure may help to produce market solutions to the problem. Not all travel companies impose such charges and if you are prepared to shop around you may be able to find operators who do not charge single supplements.
Q10. Why is my child being charged adult prices for our holiday?
A child paying adult prices is a matter for the commercial policy of the business and is an area we are unable to offer any advice or assistance in.
Q11. Can a tour operator change the price of the holiday after booking?
The price can only be changed where the original contract provided for upward and downward revisions and where it stated how these revised prices would be calculated.
These changes can only be made to allow for variations in transportation costs, taxes and fees for services such as airport taxes, and exchange rates. Where the price increase is less than 2% of the original cost, the travel organiser must absorb it, and if it is more than 2%, the organiser must absorb the first 2%. No price increase can be passed on less than 30 days prior to departure.
Q12. What happens if I cannot go on a holiday that I have booked?
If you are unable to proceed with your holiday, you may transfer your booking to another person as long as the other person satisfies all the conditions applicable to the package. In this case the travel organiser must be given reasonable notice of the intention to transfer the booking. The person who has transferred the booking and the person to whom it has been transferred must assume joint responsibility for the payment of the cost of the holiday.
Q13. Why are cancellation charges so high?
The setting of such charges is primarily a matter for the commercial judgement of individual tour operators. The Office of Fair Trading (OFT) is concerned that some tour operators' cancellation charges may be excessive and has asked the operators concerned to justify them. OFT enquiries are as yet at an exploratory stage.
Q14. Why do I have to pay more for my holiday during school holidays?
The travel industry is aware of the problems caused by increases in the price of package holidays during “peak” periods, which generally coincide with school holidays. The impact which holidays taken during term have on the Government’s educational and achievement (and attendance) targets is the subject of continuing dialogue between Department for Education and Skills (DfES) and the Association of British Travel Agents Ltd (ABTA).
ABTA has written to it’s members explaining the law on school attendance, and asking members to remind parents of the need to consult schools before booking any holiday during school term time and of the penalty notice for truancy of up to £100, which is being introduced under the Anti-Social Behaviour Act.
An ABTA spokesperson recently stated that it’s members always encourage families to book early for cheaper rates by providing early discounts and free child places for what are always busy school holiday periods.
Q15. Where do I go for help in setting up my own Travel Business?
A good starting point for advice in setting up any new business is your local Business Link. If you need advice on whether you are abiding by the Package Travel Regulations then you should contact your local Trading Standards Department. You should also consult our Q&A guidance note for travel package organisers.
Contacts:
Local Citizens Advice Bureau www.nacab.org.uk who can give you legal advice about your rights under the current law.
Local Trading Standards Departments www.tradingstandards.gov.uk who are responsible for enforcing the law. You can find the local address and telephone number for these under the respective websites after entering you postcode.
ABTA
The Association of British Travel Agents Ltd (ABTA)
68-71 Newman Street
London
W1P 4AH
Tel: 020 7637 2444Web site: www.abta.com/
The Government-funded Consumer Direct Website www.consumerdirect.gov.uk/ offers information and advice to consumers on a wide range of issues including holidays, travel and timeshare.
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