Package Travel Directive Updated

While Brexit may be leading to some uncertainty around EU rules long term – a new rule coming in this week will give better protection for holidaymakers who book flights and accommodation separately but via the same supplier.

Under the Package Travel Directive rules, people booking so-called package holidays with flights and hotels included, and often all-inclusive of food, have been protected legally if anything was to go wrong such as illness or injury arising from faults at the hotel.

Now people who book hotels and flights separately but from the same supplier or website will be considered to have booked a package holiday and will receive the same protection.

Specialist international personal injury lawyers at Irwin Mitchell, the largest such team in the UK, say the travel laws are simply moving with the times and technology and reflect how people now book holidays.

Expert Opinion

“It’s more than 25 years since the original Package Travel Directive came into force and the internet has changed everything. People book holidays in different ways now and it’s important that this is recognised in their legal protection.

“While package holidays are still popular, many people are searching around for bargains and taking advantage of websites which collate deals and offer flights, hotels, trips and excursions and transfers from different companies but with the simplicity of being able to pay one supplier.

“Previously these people have been left with poorer legal protection, sometimes having to bring legal cases in foreign countries where the courts might not be as favourable. Now people who have suffered injury or illness that is not their fault and has ruined their holidays or left them ill when they got home, will in most circumstances, where some fault can be established, be able to bring a legal case in the English courts and will not be left out of pocket.

“There are still exceptions under the new regulations with the formation of Linked Travel Arrangements (LTAs) but overall the additional protection for consumers is a welcome step in the right direction.” Elizabeth Tetzner - Partner

The original Package Travel Directive came into force in 1992 – now as of 1 July 2018 the new version of the law applies. To qualify as a package a consumer must have purchased at least two travel services from the same point of contact. This includes flights, accommodation, excursions and rental cars.

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