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The Package Travel and Linked Travel Arrangements Regulations 2018

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2018, ISBN 9780111168479

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraph 2(2) of Schedule 2 to the European Communities Act 1972, for approval by resolution of each House of Parliament.

Consumer Protection

Made ***

Coming into force 1st July 2018

The Secretary of State has been designatedf1 for the purposes of making Regulations under section 2(2) of the European Communities Act 1972f2 in relation to measures relating to consumer protection.

A draft of these Regulations has been approved by a resolution of each House of Parliament pursuant to section 2(2) of, and paragraph 2(2) of Schedule 2 to, the European Communities Act 1972.

In exercise of the powers conferred by section 2(2) of the European Communities Act 1972f3, the Secretary of State makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1993/2661.

f2

1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

f3

1972 c. 68.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application
  5. Part 2: Information duties and content of the package travel contract
  6. 4Information duties and “the relevant person”
  7. 5Information to be provided by the relevant person before concluding a contract
  8. 6Binding character of information provided before the conclusion of the contract
  9. 7Content of the package travel contract and other documents
  10. 8Burden of proof
  11. Part 3: Changes to the package travel contract before the start of the package
  12. 9Transfer of the package travel contract to another traveller
  13. 10Alteration of the price
  14. 11Alteration of other package travel contract terms
  15. 12Termination of the package travel contract by the traveller
  16. 13Termination of the package travel contract by the organiser
  17. 14Refunds in the event of termination
  18. Part 4: Performance of the package
  19. 15Responsibility for the performance of the package
  20. 16Price reduction and compensation for damages
  21. 17Possibility of contacting the organiser via the retailer
  22. 18Obligation to provide assistance
  23. Part 5: Insolvency protection
  24. 19Insolvency protection for packages
  25. 20Bonding
  26. 21Bonding where approved body has reserve fund or insurance
  27. 22Insurance
  28. 23Monies in trust
  29. 24Insurance where monies are held in trust
  30. 25Offences arising from breach of regulation 23
  31. 26Insolvency protection and information requirements for linked travel arrangements
  32. Part 6: General provisions
  33. 27Specific obligations of the retailer where the organiser is established outside the European Economic Area
  34. 28Liability for booking errors
  35. 29Right of redress
  36. 30Rights and obligations under these Regulations
  37. Part 7: Enforcement
  38. 31Enforcement authority
  39. 32Due diligence defence
  40. 33Liability of persons other than the principal offender
  41. 34Prosecution time limit
  42. 35Saving for civil consequences
  43. 36Terms implied in contract
  44. Part 8: Revocation, savings and consequential provisions
  45. 37Revocation and savings
  46. 38Consequential amendments
  47. Part 9: Review provisions
  48. 39Review
  49. Signature
  50. Schedule 1: Information to be provided to the traveller, where applicable, before the conclusion of the package travel contract
  51. 1Paragraph 1
  52. 2Paragraph 2
  53. 3Paragraph 3
  54. 4Paragraph 4
  55. 5Paragraph 5
  56. 6Paragraph 6
  57. 7Paragraph 7
  58. 8Paragraph 8
  59. 9Paragraph 9
  60. 10Paragraph 10
  61. 11Paragraph 11
  62. 12Paragraph 12
  63. 13Paragraph 13
  64. 14Paragraph 14
  65. 15Paragraph 15
  66. 16Paragraph 16
  67. 17Paragraph 17
  68. Schedule 2: Information to be provided to the traveller before the package travel contract is concluded, where the use of hyperlinks is possible
  69. 1General
  70. 2Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
  71. 3The Package Travel and Linked Travel Arrangements Regulations 2018
  72. Schedule 3: Information to be provided to the traveller before the package travel contract is concluded, where the use of hyperlinks is not possible
  73. 1General
  74. 2Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
  75. 3The Package Travel and Linked Travel Arrangements Regulations 2018
  76. Schedule 4: Information be provided to the traveller, where the organiser transmits data to another trader in accordance with regulation 2(5)(b)(v)
  77. 1General
  78. 2Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
  79. 3The Package Travel and Linked Travel Arrangements Regulations 2018
  80. Schedule 5: Information to be provided in the package travel contract
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. 3Paragraph 3
  84. 4Paragraph 4
  85. 5Paragraph 5
  86. 6Paragraph 6
  87. 7Paragraph 7
  88. 8Paragraph 8
  89. Schedule 6: Information 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
  90. 1General
  91. 2More information on insolvency protection
  92. 3The Package Travel and Linked Travel Arrangements Regulations 2018
  93. Schedule 7: Information 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
  94. 1General
  95. 2More information on insolvency protection
  96. 3The Package Travel and Linked Travel Arrangements Regulations 2018
  97. Schedule 8: Information 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
  98. 1General
  99. 2More information on insolvency protection
  100. 3The Package Travel and Linked Travel Arrangements Regulations 2018
  101. Schedule 9: Information 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
  102. 1General
  103. 2More information on insolvency protection
  104. 3The Package Travel and Linked Travel Arrangements Regulations 2018
  105. Schedule 10: Information 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
  106. 1General
  107. 2More information on insolvency protection
  108. 3The Package Travel and Linked Travel Arrangements Regulations 2018
  109. Explanatory note