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    What Constitutes a Package Holiday

    After being told by Broadway Travel that our hotel and transfer cancellation (due to flight cancellation re volcanic ash) would be subject to cancellation fees. Only a package deal would receive a full refund.
    I have now found the piece of legislation covering what constitutes a package deal:
    Package Travel, Package Holidays and Package Tours Regulations 1992/3288
    "2.- Interpretation
    (1)
    "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 portion of the package.

    This means that the travel agent making the booking is liable to give a full refund even if, like me the flight and accommodation is booked under a different airline and accommodation company

    7 Comments

    Nice find.

    Im sure its going to be helpful to all.

    Banned

    Any holiday where you are packed like a sardine in a coach. Packed into a small, hot, outdated hotel room. Packed onto an overcrowded beach. Packed into a bar full of racists and fat orange women. Packed into a coach to a packed airport that hasn't been updated since 1976.

    afraid you misunderstand the components issue-these components must all be supplied by the same holiday company(thomsons etc)-its not a matter of the same TRAVEL AGENT supplying them all-thousands of people every year go on what they believe to be a package holiday when it is not-just because you booked all these things through broadway doesnt make it a "package"-it has to be a complete "off the shelf" package.

    DJ1;8419080

    Any holiday where you are packed like a sardine in a coach. Packed into a … Any holiday where you are packed like a sardine in a coach. Packed into a small, hot, outdated hotel room. Packed onto an overcrowded beach. Packed into a bar full of racists and fat orange women. Packed into a coach to a packed airport that hasn't been updated since 1976.



    You must go on some really nasty holidays.

    Banned

    barky;8419337

    afraid you misunderstand the components issue-these components must all … afraid you misunderstand the components issue-these components must all be supplied by the same holiday company(thomsons etc)-its not a matter of the same TRAVEL AGENT supplying them all-thousands of people every year go on what they believe to be a package holiday when it is not-just because you booked all these things through broadway doesnt make it a "package"-it has to be a complete "off the shelf" package.


    spot on! :thumbsup:

    its called dynamic packaging and the rules as far as i can see are the same as a "normal Package holiday"
    it is just an interpitation of them go to cab or take out a private court case for your ££ back

    quote
    Regulation 2(1)
    “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, and:
    i)
    the submission of separate accounts for different components shall not cause the arrangements to be other than a package;
    ii)
    the fact that the combination is arranged at the request of the consumer and in accordance with his specific instructions whether modified or not shall not of itself cause it to be treated as other than pre-arranged.
    5. The Court of Appeal, in a case called The Association of British Travel Agents Ltd v Civil Aviation Authority2, has recently considered this definition. Links to the Court of Appeal Judgment (‘the Judgment’) are provided at the end of this note. The Court of Appeal decision supersedes the High Court Judgment given by Mr Justice Goldring in the same case. The Judgment identified that the essential question in determining whether a package has been created is whether, on a case-by-case basis, the travel services are sold or offered for sale as components of a pre-arranged combination or whether they are sold or offered for sale as separate travel services.
    Why is it important to determine whether travel services are being sold as a package?
    6. Sellers of travel services sold or offered for sale as a package must comply with the PTRs and, if the package includes a flight, the ATOL Regulations. Note that the word “transport” in the PTRs, applies to all forms of transport, not just flights. It is therefore important that travel firms consider whether the services offered are packages or not, both from the point of view of understanding their obligations and ensuring that the customer knows what they are buying. Click here if you would like to view the PTRs.
    2 [2006] EWCA Civ 1356
    2

    ........ the submission of separate accounts for different components … ........ the submission of separate accounts for different components shall not cause the arrangements to be other than a package; ..............



    So, according to what tasape has quoted above, it looks like a package is a package if you buy all the components from one travel agent?

    Any update, op?
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