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The Package Travel and Linked Travel Arrangements Regulations 2018

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Package Travel and Linked Travel Arrangements Regulations 2018 No. 634

Regulations 5(1) and (3)(a), 6(1) and (3), 7(2)(a) and 11(3)(a)

SCHEDULE 1Information to be provided to the traveller, where applicable, before the conclusion of the package travel contract

1.  The main characteristics of the travel services specified in paragraphs 2 to 10.

2.  The travel destination, the itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included.

3.  The means, characteristics and categories of transport, the points, dates and time of departure and return, the duration and places of intermediate stops and transport connections.

4.  Where the exact time of departure and return is not yet determined, the organiser and, where applicable, the retailer, must inform the traveller of the approximate time of departure and return.

5.  The location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination.

6.  The meals which are included in the package.

7.  The visits, excursions or other services included in the total price agreed for the package.

8.  Where it is not apparent from the context, whether any of the travel services are to be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group.

9.  Where the traveller’s benefit from other tourist services depends on effective oral communication, the language in which those services are to be carried out.

10.  Whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller’s request, the precise information on the suitability of the trip or holiday taking into account the traveller’s needs.

11.  The trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their telephone number and, where applicable, e-mail address.

12.  The total price of the package inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveller may still have to bear.

13.  The arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the traveller.

14.  The minimum number of persons required for the package to take place and the time-limit, referred to in regulation 13(2)(a), before the start of the package for the possible termination of the contract if that number is not reached.

15.  General information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination.

16.  Information that the traveller may terminate the contract at any time before the start of the package in return for payment of an appropriate termination fee, or, where applicable, the standardised termination fees requested by the organiser, in accordance with regulation 12(1) to (6).

17.  Information on optional or compulsory insurance to cover the cost of termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.

Regulation 5(2)(a)

SCHEDULE 2Information to be provided to the traveller before the package travel contract is concluded, where the use of hyperlinks is possible

PART 1General

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations.

Therefore, you will benefit from all EU rights applying to packages. Company XY/companies XY will be fully responsible for the proper performance of the package as a whole.

Additionally, as required by law, company XY/companies XY has/have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.

More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 (to be provided to the traveller in the form of a hyperlink in Part 2).

PART 2Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

[The organiser or the retailer must provide a hyperlink to the information below.]

  • Travellers will receive all essential information about the package before concluding the package travel contract.

  • There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

  • Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.

  • Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

  • The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

  • Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

  • Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package

  • Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

  • If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

  • Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.

  • The organiser has to provide assistance if the traveller is in difficulty.

  • If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if services are denied because of XY’s insolvency.

PART 3The Package Travel and Linked Travel Arrangements Regulations 2018

[The organiser or the retailer must provide a hyperlink to the Package Travel and Linked Travel Arrangements Regulations 2018.]

Regulation 5(2)(b)

SCHEDULE 3Information to be provided to the traveller before the package travel contract is concluded, where the use of hyperlinks is not possible

PART 1General

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018.

Therefore you will benefit from all EU rights applying to the packages. Company XY/ companies XY will be fully responsible for the proper performance of the package as a whole.

Additionally, as required by law, company XY/ companies XY has/have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.

PART 2Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

  • Travellers will receive all essential information about the package before concluding the package travel contract.

  • There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

  • Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.

  • Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

  • The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

  • Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

  • Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.

  • Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

  • If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

  • Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.

  • The organiser has to provide assistance if the traveller is in difficulty.

  • If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if services are denied because of XY’s insolvency.

PART 3The Package Travel and Linked Travel Arrangements Regulations 2018

[The organiser or the retailer must provide the address of the website where a copy of the Package Travel and Linked Travel Arrangements may be found.]

Regulation 5(3)(b)

SCHEDULE 4Information be provided to the traveller, where the organiser transmits data to another trader in accordance with regulation 2(5)(b)(v)

PART 1General

If you conclude a contract with company AB not later than 24 hours after receiving the confirmation of the booking from company XY the travel service provided by XY and AB will constitute a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018.

Therefore, you will benefit from all EU rights applying to packages. Company XY will be fully responsible for the proper performance of the package as a whole.

Additionally, as required by law, company XY has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.

More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 (to be provided to the traveller in the form of a hyperlink in Part 2).

PART 2Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

[The trader must provide a hyperlink to the information below.]

  • Travellers will receive all essential information about the travel services before concluding the package travel contract.

  • There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

  • Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.

  • Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

  • The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

  • Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

  • Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.

  • Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

  • If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

  • Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.

  • The organiser has to provide assistance if the traveller is in difficulty.

  • If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. XY has taken out insolvency protection with YZ [the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company] Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if services are denied because of XY’s insolvency.

PART 3The Package Travel and Linked Travel Arrangements Regulations 2018

[The trader must provide a hyperlink to the Package Travel and Linked Travel Arrangements Regulations 2018.]

Regulations 7(2)(b) and (7) and 11(3)(b)

SCHEDULE 5Information to be provided in the package travel contract

1.  Any special requirements of the traveller which the organiser has accepted.

2.  Information that the organiser is—

(a)responsible for the proper performance of all travel services included in the contract in accordance with regulation 15;

(b)obliged to provide assistance if the traveller is in difficulty in accordance with regulation 18.

3.  The name of the entity in charge of the insolvency protection and its contact details, including its geographical address, and, where applicable, the name of the competent authority designated by the member State concerned for that purpose and its contact details.

4.  The name, address, telephone number, e-mail address and, where applicable, the fax number of the organiser’s local representative, of a contact point or of another service which enables the traveller to contact the organiser quickly and communicate with the organiser efficiently, to request assistance when the traveller is in difficulty or to complain about any lack of conformity perceived during the performance of the package.

5.  Information that the traveller is required to communicate any lack of conformity which the traveller perceives during the performance of the package in accordance with regulation 15(3).

6.  Where minors who are unaccompanied by a parent or another authorised person travel on the basis of a package travel contract which includes accommodation, information enabling direct contact by a parent or another authorised person with the minor or the person responsible for the minor at the minor’s place of stay.

7.  Information on available in-house complaint handling procedures and on alternative dispute resolution pursuant to Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)(1) and, where applicable, on the alternative dispute resolution entity by which the trader is covered and on the online dispute resolution platform pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR)(2).

8.  Information on the traveller’s right to transfer the contract to another traveller in accordance with regulation 9.

Regulation 26(8)(a) and (9)(a)

SCHEDULE 6Information to be provided to the traveller, where the trader facilitates an online linked travel arrangement within the meaning of regulation 2(3)(a) and the trader is a carrier selling a return ticket

PART 1General

If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company/XY, you will NOT benefit from rights applying to packages under the Package Travel and Linked Travel Arrangements Regulations 2018.

Therefore, our company/XY will not be responsible for the proper performance of those additional travel services. In case of problems please contact the relevant service provider.

However, if you book any additional travel services during the same visit to our company’s/XY’s booking website, the travel services will become part of a linked travel arrangement. In that case XY has, as required by the Package Travel and Linked Travel Arrangements Regulations 2018, protection in place to refund your payments to XY for services not fully performed because of XY’s insolvency, and, where necessary, for your repatriation. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

More information on insolvency protection (to be provided by the trader in the form of a hyperlink in Part 2).

PART 2More information on insolvency protection

[The trader must provide a hyperlink to the information below.]

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company).

Travellers may contact this entity, or where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY’s insolvency.

Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY’s insolvency.

PART 3The Package Travel and Linked Travel Arrangements Regulations 2018

[The trader must provide a hyperlink to the Package Travel and Linked Travel Arrangements Regulations 2018.]

Regulation 26(8)(b) and (9)(a)

SCHEDULE 7Information to be provided to the traveller, where the trader facilitates an online linked travel arrangements within the meaning of regulation 2(3)(a) and the trader is not a carrier selling a return ticket

PART 1General

If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company/XY, you will NOT benefit from rights applying to packages under the Package Travel and Linked Travel Arrangements Regulations 2018.

Therefore, our company/XY will not be responsible for the proper performance of those additional travel services. In case of problems please contact the relevant service provider.

However, if you book any additional travel services during the same visit to our company’s/XY’s booking website, the travel services will become part of a linked travel arrangement. In that case XY has, as required by the Package Travel and Linked Travel Arrangements Regulations 2018, protection in place to refund your payments to XY for services not fully performed because of XY’s insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

More information on insolvency protection (to be provided by the trader in the form of a hyperlink in Part 2).

PART 2More information on insolvency protection

[The trader must provide a hyperlink to the information below.]

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company).

Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY’s insolvency.

Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY’s insolvency.

PART 3The Package Travel and Linked Travel Arrangements Regulations 2018

[The trader must provide a hyperlink to the Package Travel and Linked Travel Arrangements Regulations 2018.]

Regulation 26(8)(c) and (9)(a)

SCHEDULE 8Information to be provided to the traveller, where the linked travel arrangement is an arrangement within the meaning of regulation 2(3)(a) and the contract is concluded in the simultaneous physical presence of the trader (other than a carrier selling a return ticket) and the traveller

PART 1General

If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company/XY, you will NOT benefit from rights applying to packages under the Package Travel and Linked Travel Arrangements Regulations 2018.

Therefore, our company/XY will not be responsible for the proper performance of the individual travel services. In case of problems please contact the relevant service provider.

However, if you book any additional travel services during the same visit to or contact with our company/XY, the travel services will become part of a linked travel arrangement. In that case XY has, as required by the Package Travel and Linked Travel Arrangements Regulations 2018, protection in place to refund your payments to XY for services not fully performed because of XY’s insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

PART 2More information on insolvency protection

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company).

Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY’s insolvency.

Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY’s insolvency.

PART 3The Package Travel and Linked Travel Arrangements Regulations 2018

[The trader must provide the address of the website where the Package Travel and Linked Travel Arrangements Regulations 2018 may be found.]

Regulation 26(8)(d) and (9)(a)

SCHEDULE 9Information to be provided to the traveller, where the trader facilitates an online linked travel arrangement within the meaning of regulation 2(3)(b) and the trader is a carrier selling a return ticket

PART 1General

If you book additional travel services for your trip or holiday via this link/these links, you will NOT benefit from rights applying to packages under the Package Travel and Linked Travel Arrangements Regulations 2018.

Therefore, our company/XY will not be responsible for the proper performance of those additional travel services. In case of problems, please contact the relevant service provider.

However, if you book additional travel services via this link/these links not later than 24 hours after receiving the confirmation of the booking from our company/XY, those travel services will become part of a linked travel arrangement. In that case XY has, as required by the Regulations, protection in place to refund your payments to XY for services not fully performed because of XY’s insolvency, and, where necessary, for your repatriation. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

More information on insolvency protection (to be provided by the trader in the form of a hyperlink in Part 2).

PART 2More information on insolvency protection

[The trader must provide a hyperlink to the information below.]

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company).

Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY’s insolvency.

Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY’s insolvency.

PART 3The Package Travel and Linked Travel Arrangements Regulations 2018

[The trader must provide a hyperlink to the Package Travel and Linked Travel Arrangements Regulations 2018.]

Regulation 26(8)(e) and (9)(a)

SCHEDULE 10Information to be provided to the traveller, where the trader facilitates an online linked travel arrangement within the meaning of regulation 2(3)(b) and the trader is not a carrier selling a return ticket

PART 1General

If you book additional travel services for your trip or holiday via this link/these links, you will NOT benefit from rights applying to packages under the Package Travel and Linked Travel Arrangements Regulations 2018.

Therefore, our company/XY will not be responsible for the proper performance of those additional travel services. In case of problems please contact the relevant service provider.

However, if you book additional travel services via this link/these links not later than 24 hours after receiving the confirmation of the booking from our company/XY, those travel services will become part of a linked travel arrangement. In that case XY has, as required by the Package Travel and Linked Travel Arrangements Regulations 2018, protection in place to refund your payments to XY for services not fully performed because of XY’s insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

More information on insolvency protection (to be provided by the trader in the form of a hyperlink in Part 2).

PART 2More information on insolvency protection

[The trader must provide a hyperlink to the information below.]

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company).

Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY’s insolvency.

Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY’s insolvency.

PART 3The Package Travel and Linked Travel Arrangements Regulations 2018

[The trader must provide a hyperlink to the Package Travel and Linked Travel Arrangements Regulations 2018.]

(1)

OJ L 165, 18.6.2013, p. 63.

(2)

OJ L 165, 18.6.2013, p. 1.

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