Package Travel Directive

The EU Package Travel Directive 2015 is the biggest change for the travel industry in over 25 years. Its reach is far more wide ranging than the existing Package Travel Regulations and its impact will be felt by all sectors. Along with all other EU member states, the UK is required to have legislation to implement the Directive in place by 1 January 2018 which must take effect on 1 July 2018.

Although the terms of the UK’s exit from the EU have yet to be negotiated, the UK remains an EU member until the end of March 2019. We can therefore expect this Directive to be fully implemented. Unless and until we know otherwise, we must work on the basis that it will also be implemented in accordance with the above timetable.

The following are some of the key elements of the Directive;

• Applies to ‘packages’ and ‘linked travel arrangements’ or LTAs
• Definition of a package has been greatly extended from the existing one
• Much wider range of travel arrangements will be caught
• Significantly more prescriptive and restrictive regime that the Package Travel Regulations
• Extensive prescribed pre-contract information and information to be included in the holiday confirmation
• Enhanced right for the traveller to transfer their holiday to someone else
• Enhanced restrictions on post contract price increases
• Greater restrictions on other post contract changes
• Restrictions on cancellation charges including the obligation to take account of the possibility of resale
• Right to terminate in the event of unavoidable and extraordinary circumstances with a full refund
• Extensive and specific rights for the traveller in the event of a ‘lack of conformity’ between the contracted        services and what’s actually provided
• Limited rights to limit or exclude liability
• Obligation to provide appropriate assistance to a traveller in difficulty
• Extended financial protection in the event of insolvency for packages and LTAs

For advice and assistance in preparing for these changes, please contact

Claire Ingleby claire.ingleby@mb-law.co.uk

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