Please advise, can we claim a full refund from Fleetway Travel, provider of package holiday as they have refunded only Easyjet airfares todate.Purchased Fleetway package holiday to Madeira, depart on Easyjet flight 23/04/18 from Bristol, flying to Madeira, high winds at Madeira divert to Lisbon refuel return to Madeira, again high winds divert to Porto refuel and for refreshment break then return to Bristol, landing 12 hours after departure.Just before arrival at Porto Easyjet announced cancellation of flight. and that any of the conditions specified in sub-paragraph (3) below is met, he may by warrant under his hand authorise an officer of an enforcement authority to enter the premises, if need be by force. The package did not include flights but included the night at the Falls Hotel and all meals there and whilst on board the train.The company recommended the international flight with BA but as their price was more expensive I booked our own return international flights.I did let them book the domestic flights.Unfortunately our outward flight with BA was delayed for over four hours and we therefore missed our connecting flight to the Falls, as did a large number of other people booked on the same trip.We had to stay overnight in Johannesburg and book and pay for new flights to the Falls the next day.We are claiming from BA for the costs but to date still haven't heard anything yet.We therefore missed our one night at the Falls Hotel, the dinner and lunch the following day plus the talk with the celebrity.People in our party who had booked the exact same flight via the agent have been paid compensation by them but they have refused to pay us any saying that we were not part of the package.Is this correct as booking flights with them was an option? When you book a package holiday, you are protected by consumer law. 5. 19.—(1) The other party to the contract shall have insurance under one or more appropriate policies with an insurer authorised in respect of such business in a member State under which the insurer agrees to indemnify consumers, who shall be insured persons under the policy, against the loss of money paid over by them under or in contemplation of contracts for packages in the event of the insolvency of the contractor. “brochure” means any brochure in which packages are offered for sale; “contract” means the agreement linking the consumer to the organiser or to the retailer, or to both, as the case may be; “the Directive” means Council Directive 90/314/EEC on package travel, package holidays and package tours; “offer” includes an invitation to treat whether by means of advertising or otherwise, and cognate expressions shall be construed accordingly; “organiser” means the person who, otherwise than occasionally, organises packages and sells or offers them for sale, whether directly or through a retailer; “the other party to the contract” means the party, other than the consumer, to the contract, that is, the organiser or the retailer, or both, as the case may be; “package” means the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:—. I have read that we may be able to claim for the illness? (b)where it has a reserve fund, it agrees that the fund will be held by persons and in a manner approved by the Secretary of State. The means, characteristics and categories of transport to be used and the dates, times and points of departure and return. (c)the consumer has on cancellation forfeited a sum of money specified in that statement which he had paid in respect of a contract for a relevant package. (c)without reasonable excuse fails to give an officer of an enforcement authority acting in pursuance of this Schedule any other assistance or information which the officer may reasonably require of him for the purpose of the performance of the officer’s functions under this Schedule. (3) The sum referred to in paragraph (1) above shall be such sum as may reasonably be expected to enable all monies paid over by consumers under or in contemplation of contracts for relevant packages which have not been fully performed to be repaid and shall not in any event be a sum which is less than the minimum sum calculated in accordance with paragraph (4) below. Could someone advise me please - thanks. Holiday that was promised as being 5* - it however wasn't! (4) Overbooking shall not be regarded as a circumstance falling within the provisions of sub-paragraph (b) of paragraph (3) above. Family (marriage, divorce, partnerships, adoption) Driving licenses, car insurance and registration. (a)general information about passport and visa requirements which apply to British Citizens who purchase the package in question, including information about the length of time it is likely to take to obtain the appropriate passports and visas; (b)information about health formalities required for the journey and the stay; and. (a)depending on the nature of the package being purchased, the contract contains at least the elements specified in Schedule 2 to these Regulations; (b)subject to paragraph (2) below, all the terms of the contract are set out in writing or such other form as is comprehensible and accessible to the consumer and are communicated to the consumer before the contract is made; and. I have read that we may be able to claim for the illness? The definition of a package in Box 1 above refers to components being sold at an inclusive price. Share Your Story, Join the Discussion or Seek Advice.. We land in Birmingham, no special assistance to get off the plane. Dependent on the legislation item being viewed this may include: All content is available under the Open Government Licence v3.0 except where otherwise stated. The legislation imposed certain responsibilities on all operators of Inclusive Package Holidays. (c)to have repaid to him as soon as possible all the monies paid by him under the contract. in England and Wales, the justice of the peace is satisfied as required by that subparagraph by written information on oath; in Scotland, the justice of the peace or sheriff is so satisfied by evidence on oath; or. The European Union (EU) is a political and economic union of 27 member states that are located primarily in Europe. And always ask whether your booking has ATOL protection. The type of accommodation, its location, category or degree of comfort and its main features and, where the accommodation is to be provided in a member State, its approval or tourist classification under the rules of that member State. Amendments made in 2018 take account of changing booking methods among travel consumers. The main aim of this legislation was to give people buying package holidays from tour operators more protection and access to compensation if something was to go wrong. There are a number of legal, non-legal, voluntary and common requirements that organisations offering tourism services to the European market must or should comply with. See the Frequently Asked Questions for more information.. (5) For the purposes of regulations 17 to 21 below a contract shall be treated as having been fully performed if the package or, as the case may be, the part of the package has been completed irrespective of whether the obligations under the contract have been properly performed for the purposes of regulation 15. (2) A person guilty of an offence under sub-paragraph (1) above shall be liable—, 7.—(1) If a person discloses to another any information obtained by him by virtue of this Schedule he shall be guilty of an offence unless the disclosure was made—, (a)in or for the purpose of the performance by him or any other person of any function under the relevant regulations; or. Masks are required on planes, buses, trains, and other forms of public transportation … require a person whom he believes on reasonable grounds to be engaged in the organisation or retailing of packages to produce any book or document relating to the activity and take copies of it or any entry in it, or. Could they be correct? (ii)of an agency in that locality on whose assistance a consumer in difficulty would be able to call, or, if there is no such representative or agency, a telephone number or other information which will enable the consumer to contact the other party to the contract during the stay; and, (c)in the case of a journey or stay abroad by a child under the age of 16 on the day when the journey or stay is due to start, information enabling direct contact to be made with the child or the person responsible at the place where he is to stay; and. (3) The consumer is entitled, if appropriate, to be compensated by the organiser for non-performance of the contract except where—, (a)the package is cancelled because the number of persons who agree to take it is less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period indicated in the description of the package; or. The Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992 No 3288). If a company fails, customers who have not yet travelled can get their money back. (4) Where an offence under any of the provisions mentioned in paragraph (1) above committed in Scotland by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a partner, he (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly. Social security coverage abroad. The name and address of the organiser, the retailer and, where appropriate, the insurer. The roots of the current UK Package Travel Regulations trace back to the 1960s when UK tourists started to venture to Spain and the Mediterranean and the packaged travel industry picked up. Package travel – your right to clear and accurate information. They’ve emailed today to inform us that the they have changed our accommodation because they believe it is not suitable for our daughter who will be 10 months old at the time. I booked the holiday based on the operators star rating and they say it is only a minor change therefore there is nothing I can do.Is this correct? an act to enable effect to be given to council directive no. A package tour, package vacation, or package holiday comprises transport and accommodation advertised and sold together by a vendor known as a tour operator.Other services may be provided such a rental car, activities or outings during the holiday.Transport can be via automobile, buses, charter airline, and may also include travel between areas as part of the holiday. They said it was an admin error however when we asked for it to be corrected, they said that we were booked on that flight and cannot be changed as they have already paid for that flight, we have said its not our fault you have made this error and we want to be on the flight we paid for! (4) It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) above by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular—, (a)to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and. This item of legislation is currently only available in its original format. Maybe it does seem greedy to want more, but all cancelled flights are entitled to flight cancellation compensation, this is more than that. Consignment, one or more packages of dangerous goods accepted by … 21.—(1) The other party to the contract shall ensure that all monies paid over by a consumer under or in contemplation of a contract for a relevant package are held in the United Kingdom by a person as trustee for the consumer for the purpose of paying for the consumer’s package. BPR regulation aims to improve the functioning of the biocidal products market in the EU, while ensuring a high level of protection for humans and the environment. What wasn't so good was Tui and their attitude towards disability and we are after some advice. Can we turn down this offer under the regulations and get a full refund for the holiday ? (2) Any bond entered into pursuant to paragraph (1) above shall not be expressed to be in force for a period exceeding eighteen months. 8. (i)of the representative of the other party to the contract in the locality where the consumer is to stay. (b)recklessly makes a statement which is false in a material particular, (4) A person guilty of an offence under sub-paragraph (3) above shall be liable—. Building work was still going and the water park was shut amongst other things. When you're booking a holiday, you'll probably hear about the Package Travel Regulations - so what are they and how can they help you? (7) An officer entering any premises by virtue of this paragraph may take with him such other persons as may appear to him necessary. the consumer has on cancellation forfeited a sum of money specified in that statement which he had paid in respect of a contract for a relevant package. The package did not include flights but included the night at the Falls Hotel and all meals there and whilst on board the train. The arrangements for security for money paid over and for the repatriation of the consumer in the event of insolvency. We are claiming from BA for the costs but to date still haven't heard anything yet. New Travel Requirements: All air passengers coming to the United States, including U.S. citizens, are required to have a negative COVID-19 test result or documentation of recovery from COVID-19 before they board a flight to the United States. No. Package Travel in the EU: Legal Basis and Legal Reform from 1990 to 2015 Úrdráttur Löggjöf Evrópusambandsins varðandi alferðir hefur verið í gildi síðastliðinn 25 ár. The company recommended the international flight with BA but as their price was more expensive I booked our own return international flights. transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or, the exchange rates applied to the particular package; and, no price increase may be made in a specified period which may not be less than 30 days before the departure date stipulated; and. 9. (2) For the purposes of this regulation a certificate signed by or on behalf of the prosecutor and stating the date on which the offence was discovered by him shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be treated as so signed unless the contrary is proved. 26.—(1) No proceedings for an offence under regulation 5, 7, 8, 16 or 22 of these Regulations or under paragraphs 5(3), 6 or 7 of Schedule 3 thereto shall be commenced after—, (a)the end of the period of three years beginning within the date of the commission of the offence; or. (5) A warrant under sub-paragraph (2) above may be issued only if—. the consumer has on cancellation forfeited a sum of money specified in that statement which he had paid in respect of a contract for a package. (a)to take a substitute package of equivalent or superior quality if the other party to the contract is able to offer him such a substitute; or, (b)to take a substitute package of lower quality if the other party to the contract is able to offer him one and to recover from the organiser the difference in price between the price of the package purchased and that of the substitute package; or. 18.—(1) The other party to the contract shall ensure that a bond is entered into by an authorised institution, under which the institution agrees to pay to an approved body of which that other party is a member a sum calculated in accordance with paragraph (3) below in the event of the insolvency of that other party. intentionally obstructs an officer of an enforcement authority acting in pursuance of this Schedule; without reasonable excuse fails to comply with a requirement made of him by such an officer under paragraph 3(1) above; or. They’ve also downgraded us from all inclusive to a hotel that only covers half board. (a)intentionally obstructs an officer of an enforcement authority acting in pursuance of this Schedule; (b)without reasonable excuse fails to comply with a requirement made of him by such an officer under paragraph 3(1) above; or. Hi. The Package Travel, Package Holidays and Package Tours Regulations 1992 (derived from the previous PTD adopted in 1990 by the EU) were aimed at protecting consumers when booking travel packages. The European Package Travel Directive protects European travellers’ rights when they book package holidays. the package is cancelled because the number of persons who agree to take it is less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period indicated in the description of the package; or. Make sure that whoever you book your holiday with tells you if it’s a package, a Linked Travel Arrangement or neither. Unfortunately our outward flight with BA was delayed for over four hours and we therefore missed our connecting flight to the Falls, as did a large number of other people booked on the same trip. Elements to be included in the contract if relevant to the particular package. the trustee shall (subject to paragraph (5) below) release to the other party to the contract the sum specified in the statement. 8.—(1) The other party to the contract shall in good time before the start of the journey provide the consumer with the information specified in paragraph (2) below in writing or in some other appropriate form. The hotel we cannot now access has been turned into a luxury resort. If the operator changes the contract, you can either agree to the amendments, or you can decide to cancel the holiday without penalty. The meals which are included in the package. Want to cancel but being refused. We therefore missed our one night at the Falls Hotel, the dinner and lunch the following day plus the talk with the celebrity. I paid £7000 for a familyHoliday that was promised as being 5* - it however wasn't! the Director General of Fair Trading has notified the enforcement authority that he has received the notice and the summary of the facts. Whereas there should be a clear definition of the rights available to the the consumer in circumstances where the ... regulations … the package is covered by measures adopted or retained by the member State where he is established for the purpose of implementing Article 7 of the Directive; or, the package is one in respect of which he is required to hold a licence under the Civil Aviation (Air Travel Organisers' Licensing) Regulations 1972(, on summary conviction to a fine not exceeding level 5 on the standard scale; and, not less than 25% of all the payments which the other party to the contract estimates that he will receive under or in contemplation of contracts for relevant packages in the twelve month period from the date of entry into force of the bond referred to in paragraph (1) above; or. The tour operator is now saying that the disclaimer i signed relinquishes them from from any responsibility. (4) In sub-paragraph (2) above “relevant”, in relation to books, documents, goods or information, means books, documents, goods or information which, under paragraph 3 above, a duly authorised officer may require to be produced or may inspect. Workplace (Health, Safety and Welfare) Regulations 1992 - Designing Buildings Wiki - Share your construction industry knowledge. What are the rules on building work etc under the old act regulations please? I have several coach holidays booked and fully paid for with a local coach tour operator.One has been cancelled at short notice (apparently due to the failure of the Agent acting for the coach company) and a full refund was immediately made by the coach company.It now appears that other customers have had cancellations for trips this week, the local Office is closed and there is a notice saying it is closed for the rest of the week and the telephone is not being answered.The Owner is not answering his mobile phone either.It looks unlikely that trips next week will go ahead and I am very concerned that the Company may have gone out of business.My travel insurance does not apparently cover such eventualities. (3) Any person who contravenes paragraph (1) or (2) of this regulation shall be guilty of an offence and liable:—, (a)on summary conviction to a fine not exceeding level 5 on the standard scale; and. Is this correct as booking flights with them was an option? The Regulations apply to anyone who organises packages whether they are for profit or not, and whether they are for business or club purposes. This has also been emphasised in the case law of the Court of Justice on several occasions. a written copy of these terms is supplied to the consumer. (a)that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under that sub-paragraph has been given to the occupier; (b)that an application for admission, or the giving of such a notice, would defeat the object of the entry; (d)that the occupier is temporarily absent and it might defeat the object of the entry to await his return. (ii)an event which the other party to the contract or the supplier of services, even with all due care, could not foresee or forestall. except where the consumer is required as a term of the contract to take out an insurance policy in order to cover the cost of cancellation by the consumer or the cost of assistance, including repatriation, in the event of accident or illness, information about an insurance policy which the consumer may, if he wishes, take out in respect of the risk of those costs being incurred. consumer in EU law does not apply to legal persons, even if they have a non-business character, as would be the case for non-profit associations. To be clear – whether you are offering domestic travel or international travel, you will still be considered to selling a package if you are selling more than one element. )I have been offered the opportunity to cancel free of charge but my daughter has booked time off work she can't change and we were both looking forward to the holiday..I want the holiday company to honour the original contract that recognised the fact I am mobility impaired..What is the best way of ensuring that they do so? (4) Where there is produced to the trustee a statement signed by the other party to the contract to the effect that—. that any such an offence has been, is being or is about to be committed on any premises. (6) Subject to paragraph (7) below, in the event of the insolvency of the other party to the contract the monies held in trust by the trustee pursuant to paragraph (1) of this regulation shall be applied to meet the claims of consumers who are creditors of that other party in respect of contracts for packages in respect of which the arrangements were established and which have not been fully performed and, if there is a surplus after those claims have been met, it shall form part of the estate of that insolvent other party for the purposes of insolvency law. 5.—(1) Subject to paragraph (4) below, no organiser shall make available a brochure to a possible consumer unless it indicates in a legible, comprehensible and accurate manner the price and adequate information about the matters specified in Schedule 1 to these Regulations in respect of the packages offered for sale in the brochure to the extent that those matters are relevant to the packages so offered.