THE PACKAGE TRAVEL, PACKAGE HOLIDAYS AND PACKAGE TOURS REGULATIONS 1992
The Package Travel, Package Holidays and Package Tours Regulations 1992 apply to all package holidays. They make a Tour Operator or other holiday provider or organiser responsible for all services which are provided as part of a package holiday including:-
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all aspects of hotel or cruise ship accommodation, including food provided on holiday and facilities such as swimming pools
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air travel
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cruises
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coach or car transfers
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excursions which were booked as part of the main holiday package
Tour Operators have certain legal duties to their customers. For example, the Tour Operator is responsible for taking reasonable care to ensure that you do not become ill on holiday. If the Tour Operator, hotel or cruise ship staff or anybody connected with the package holiday is at fault, then your Tour Operator will be legally liable to compensate you. Under the Regulations, a 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-
a) transport
b) accommodation
c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package…”
We will be able to tell you as to whether the holiday you purchased was a ‘Package’ holiday, by looking at copies of your booking documents and invoice.
Even if you did not travel as part of a package holiday, it may still be possible to bring a claim against the person (s) or organisation (s) that caused your illness.