Saggerson on Travel Law and Litigation

Foreword;


Preface;


List of Abbreviations;


Table of Cases;


Table of Statutes;


Table of Statutory Instruments;


Table of European Legislation;


Table of International Conventions, etc;


Table of Codes of Conduct and Guidance;


Table of Non-UK Legislation;


1 REGULATED TRAVEL ARRANGEMENTS;


The former regime under the Package Travel Directive 1990 and the Package Travel Regulations 1992;


The new regime;


Application of the Package Travel Regulations 2018;


Territorial extent;


Exclusions;


Packages covering a period of less than 24 hours;


Packages offered on a not-for-profit basis for a limited group of travellers;


General agreements;


Regulated packages defined;


Travel services;


What services?;


Not intrinsically part of the carriage of persons, accommodation or vehicle rental;


Regulation 2(6) and 'other tourist services';


Account for a significant proportion of the value of the combination;


Advertised as an essential feature of the combination;


Otherwise represents an essential feature of the combination;


Rental vehicles;


Methods of sale, purchase, combination and advertisement;


LTAs;


2 PARTIES;


Package travel contract;


Traveller;


Organiser and retailer;


3 TRAVEL AGENTS;


Introduction;


General principles of agency;


Non-package cases;


The Package Travel Regulations 2018;


Travel agents' duties of care;


Travel agents and employees;


4 INFORMATION, FORM AND CONTENT;


The former regime under the Package Travel Regulations 1992;


The scheme of the Package Travel Regulations 2018;


The provision of information;


Alteration and cancellation before the start of the package;


5 LIABILITY FOR LACK OF CONFORMITY;


Framework;


Obligations under the contract;


Providers and coordinators;


Strict and fault-based obligations;


Contractual obligations;


Latent defect;


Scope of the package travel contract;


Local standards;


Local standards in the court of appeal - Japp and Lougheed;


Local standards - recent developments;


Causation;


Other travel service providers;


Statutory defences;


Reasonable care terms;


Strict liability terms;


How the statutory defences work;


Other provisions under regulations 15, 16 and 18 of the Package Travel Regulations 2018;


6 NON-REGULATED CONTRACTS;


Regulated packages and common law principles;


Formation of the contract;


Contractual purpose;


Effectiveness of incorporation;


The Consumer Rights Act 2015;


Non-regulated agreements;


Common law - provider or facilitator?;


Excursions and extras;


General overarching contractual and non-contractual duties;


Implied terms and duties in tort;


Misrepresentation;


7 DAMAGES AND OTHER REMEDIES;


Breach of travel contracts;


Holiday cases;


Carriage cases;


Hybrid cases;


Mitigation;


International conventions;


Remedies under the Package Travel Regulations 2018;


Trial by media;


8 HOTELS;


Liability for loss and damage to property;


Definition;


Holding out;


Without special contract;


Travellers;


Exceptions;


Hotel premises;


Lien;


Liability for personal injury;


Equality;


Disability discrimination;


Holiday lets;


9 ACCIDENTS - CHOICE OF LAW AND JURISDICTION;


Jurisdiction;


Applicable law;


10 INTERNATIONAL CONVENTIONS AND REGULATIONS - CARRIAGE OF PASSENGERS AND BAGGAGE;


The Montreal Convention;


The passenger's perspective;


Definition of 'death or bodily injury';


Location of the accident;


Damages for death or injury;


Loss of or damage to baggage;


Damages limits;


Formulation of claims;


Delay to passengers or baggage;


Non-material damage;


Limitation of actions;


Amendments after expiry of limitation period;


Exclusivity of the Convention;


Scope of exclusivity doctrine;


Carriers' defences;


Exoneration;


Timely notice of complaints;


Recklessness;


Denied boarding compensation;


Air travel and disability discrimination;


The Athens Convention;


The Berne Convention;


The Carriers Act 1830;


The CRA 2015;


11 SECURITY AND INSOLVENCY;


Need for security;


Packages and LTAs;


Insolvency - tour operators and others;


The Consumer Credit Act 1974;


The Air Travel Organisers' Licence;


Flight-Plus;


Security requirements under the Package Travel Regulations 2018;


LTAs ;


The regulators;


12 CRIMINAL OFFENCES;


Introduction;


The Package Travel Regulations 2018;


The Unfair Trading Regulations 2008;


The Denied Boarding Regulations 2005;


The Consumer Rights Act 2015;


Manslaughter;


Sex crimes;


Air rage;


13;STATEMENTS OF CASE;


APPENDICES;


1 Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours;


2 Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992/3288);


3 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC;


4 Package Travel and Linked Travel Arrangements Regulations 2018 (SI 2018/634);






Index ;