PACKAGE TRAVEL REGULATIONS
1- “Package”:
The package is defined as the pre-arranged combination of any two of the following events (at least) which, when offered to be sold or sold at a price inclusive of the services covered over a period for twenty-four hours or more including the night accommodations and.
- Accommodation
- Transport
- Tourist services are other than the accommodation and transport, making up a significant portion of the package.
It is to be noted that in case of submission of the accounts discussed above as individual components will not cause the overall arrangement to be considered other than the package. Other than this, the condition in which the consumer has asked to arrange the combination of the services and the services are by or without their instructions cannot also be treated as other than a pre-arranged package (UK Government, 1992).
2-Components Interpretation by Court
There are millions of British travelers who travel each year and benefit from the EU rules for package holiday protection. The protection is provided to the purchaser and the provider of the package. The roots of this current UK legislation go back to the 1960s when this industry picked up its pace. Because of various high-profile cases of failures like the Court Line in which thousands of passengers have left abroad at the airports with substantial money owned by people who had yet to travel. Under continuous public pressure, the UK Government was forced to set up these regulations in 1973 and formally this legislation was put in place in 1992 to protect the consumers’ travel packages that were the non-flight. The package is defined as the combination of three components. These three components as interpreted by law are accommodation, transport, or any other travel services. The laws are abiding on a package if at least two of these components are provided (Calder, 2018).
3-Extension of Regulations
The “consumer” who is the person who agrees to take or takes the package as well as elsewhere in the regulations as prescribed within the context of the package is covered by this regulation. The principal contractor is also covered in these regulations which are that person who is also covered by the regulation. Any person on behalf of the principal contractor who has agreed to purchase the package or the other beneficiaries and any individual to whom the principal contractor or the beneficiaries transfer the package are covered through this regulation (UK Government, 1992).
4-Educational Packages/AFS Finland case
The regulations of the Package Travel Regulations also apply to the packages which do not constitute to be holidays. These include the conference arrangements, school trips, business travel arrangements, and educational weekends. The case of AFS Intercultural Programs Finland in 1990 of the package travel cleared the ambiguity on the scope of the community directive on package travel regarding student exchanges and student holidays (Eur-Lex, 1998).
5-Package Provider Liable for
The provider of the package is liable for the services including the accommodation, car hire, flights, etc. It is liable as long as these are part of the package that is arranged by the tour provider for the consumer (Consumer Rights, 2018).
DAMAGES
1-Damages Origin and Purpose
Common law rights have been developed on the outcome of the court cases. There is one branch of the common law which covers the right of the individual to claim damages regarding any personal injury, which is also caused by the omission of another person, or the wrongful act caused by the other person. An employee also has the right to claim damages in the case where care by duty has been breached, or the employer or any other person as liable by the law has not abided by the regulations (WorkSafe.Gov, n.d.).
2-Damages Assessed at the time of the breach
Referring the specific case law, damages assessed at the time of breach are in the limelight. For Instance, an employee, at the workplace, may be the victim of the omission of any other person. For example, according to the law, workplace safety is the responsibility of the safety manager in an organization. If there is no implementation, damage can be observed. When an employee gets injured due to lack of implementation, it seems the time of the breach.
3-The innocent party has to show that the breach has caused the loss (Case Law Reference)
As mentioned above, the employee in an organization contains a right to claim different things. It is a fact that the common law covers the right or an individual. Thus, being an innocent party, the individual has to come up with some different proofs to depict damage. For Instance, he has to justify the damages through mentioning the breach, as it is the main requirement of the law. Based on the damage or losses, common law protects the rights of the innocent party. On the other hand, another party also contains the right to defend itself, as it is also covered by common law.
4-Damages should not be too remote (Case Law Reference-general and tourism
Damage should not be too remote. For Instance, when formulating transport and accommodation packages, the law prevents the damages or losses. However, damages should be pertinent, as the law will cover only the party, which is claiming direct damages. For Instance, in the case, some damages are too remote, and the party cannot be facilitated.
5-Jackson V Horizon Holidays
Concerning the case of Jackson V Horizon Holidays, Jackson was informed at the time of departure about an alternative. In this case, despite paying less than £1,400, he continued stress, discomfort, and inconvenience, and these are damaged, covered by the law.
6-The case was important for the rights of third parties in contract back then, but nowadays there are statutes that cover this area (PTRs?)
It is a fact that the there are statutes that cover this area. It seems the right of the Jackson to have the proposed services against £1,400. It is backed by law, as the company is liable to provide the service which is promised in the contract.
7-All the types of damage that can be claimed? (Difference in value; out of pocket expenses; physical injury & possibly psychiatric harm; physical inconvenience or discomfort) Case Reference
All types of damage can be claimed by the party. However, the claim can be made differently due to the different values of claims. According to this case, it was inconvenient or discomfort. Service is not provided according to terms and conditions, and accordingly, the claim can be depicted.
8-Area of Mental Distress Case Reference
The area of mental distress is in the limelight in this particular case. For Instance, an individual had a plan regarding the family accommodation. Thus, the sudden change caused mental stress, and it can be claimed. Mental distress is also a kind of injury, which is covered by law and the company is quite responsible for it.
9-Cases where damages might be limited (claimant should mitigate their damages etc.)?
In the common law, some damages are limited. The company can provide some facilities, which can help the party to mitigate the damages. In this case, if the company can provide accommodation, which can cover all the needs of the party. Thus, damages can be mitigated with mutual concerns.
References
Calder, S., 2018. Rule change from July extends package holiday protection: ‘if it looks like a package, you’re covered’. [Online] Available at: https://www.independent.co.uk/travel/news-and-advice/holiday-law-changes-online-travel-agents-package-holiday-protection-a8300551.html [Accessed 11 June 2018].
Consumer Rights, 2018. Package Travel Regulations. [Online] Available at: https://www.which.co.uk/consumer-rights/regulation/package-travel-regulations [Accessed 11 June 2018].
Eur-Lex, 1998. Opinion of Mr Advocate General Saggio delivered on 16 July 1998. [Online] Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A61997CC0237 [Accessed 10 June 2018].
UK Government, 1992. The Package Travel, Package Holidays and Package Tours Regulations 1992. [Online] Available at: http://www.legislation.gov.uk/uksi/1992/3288/regulation/2/made [Accessed 10 June 2018].
WorkSafe.Gov, n.d. Common Law. [Online] Available at: http://www1.worksafe.vic.gov.au/vwa/claimsmanual/Content/6CommonLaw/6%203%20Common%20Law.htm [Accessed 11 June 2018].
+447462439809