Package Travel Regulations
Understanding the distinctions between 'Package' and 'Linked Travel Arrangements' under the Package Travel Regulations is crucial for both travellers and travel operators to ensure compliance with legal provisions and consumer protection.
A 'package' holiday typically refers to a combination of at least two different types of travel services for the purpose of the same trip or holiday. Under the regulations, a package is defined by these services being:
1. Combined by one trader, including under one contract.
2. Purchased from a single point of sale where the services were selected before agreeing to pay.
3. Sold at an inclusive or total price.
4. Advertised or sold under the term 'package' or a similar term.
5. The contract allows choosing among different types of travel services, such as flights, accommodation, car hire, or tourist services.
A package provides a high level of protection to consumers. Organisers are responsible for the proper performance of all the travel services included in the contract, regardless of whether they are provided by third parties. Additionally, packages must have insolvency protection, ensuring that consumers can get their money back or be repatriated if the organiser goes bust.
On the other hand, linked travel arrangements involve the purchase of travel services from at least two different traders, where the services are purchased for the same trip and meet specific conditions. An LTA is characterised by:
1. Consumers having to book additional travel services within 24 hours following the confirmation of the first service.
2. The facilitation by the operator of the first service of the procurement and payment of additional services from another party.
3. Separate contracts being concluded with different providers.
LTAs afford consumers a lower level of protection compared to packages. While they must offer insolvency protection for the refund of payments and repatriation in case of the insolvency of the facilitator, the facilitator is not liable for the proper performance of the individual travel services. Each part of the LTA is handled independently, with each individual service provider bearing responsibility for their part.
In summary, the key differentiation lies in the extent of liability and consumer protection. Package holidays offer a more comprehensive protection due to the organiser's responsibility for the entire trip and essential insolvency measures. Conversely, while linked travel arrangements offer some level of financial protection, they involve separate contracts and limit the facilitator’s liabilities, consequently providing less assurance concerning service delivery. Travellers should clearly understand these differences to make informed decisions and ensure adequate protection for their bookings.