Package holiday claims
Package holiday claims

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • Package holiday claims
  • Background to the Package Travel Regulations
  • Impact of Brexit
  • Scope of the 1992 Package Travel Regulations
  • Sold or offered for sale in the UK
  • Combination of components
  • Pre-arranged combination
  • Sold or offered for sale at an inclusive price
  • Scope of the 2018 Package Travel Regulations
  • Definition of a ‘package’
  • More...

NOTE: This Practice Note refers to Directive (EU) 2015/2302 (Package Travel and Linked Travel Arrangements Directive). The domestic legislation which was made to implement this directive (the Package Travel and Linked Travel Arrangements Regulations 2018, SI 2018/634 (the 2018 Package Travel Regs)) continues in force after the Brexit transition or implementation period with some amendments. The Package Travel and Linked Travel Arrangements Directive may therefore continue to be used in the interpretation of the 2018 Package Travel Regs, SI 2018/634.

Background to the Package Travel Regulations

The Package Travel, Package Holidays and Package Tours Regulations 1992 (the 1992 Package Travel Regs), SI 1992/3288, came into force on 23 December 1992 to implement an EU Directive on package travel, package holidays and package tours. They apply to all regulated travel packages sold or offered for sale in the UK on or after 31 December 1992 but before 1 July 2018. Packages sold from 1 July 2018 are governed by the 2018 Package Travel Regs, SI 2018/634.

If a claimant can establish a claim under the 2018 Package Travel Regs, SI 2018/634, it is likely to be easier to establish that the English or Welsh court has jurisdiction. The majority of package holidays sold in England and Wales are sold by tour operators. Under the 2018 Package Travel Regs, SI 2018/634, claimants can pursue their UK-domiciled tour operator directly which

Popular documents