Tour operator delay in providing refunds breached Package Travel Regulations

This week, defunct tour operators Teletext Holidays and Alpharooms.com were declared to have breached the Package Travel and Linked Travel Arrangements Regulations 2018 for their delay in providing refunds for holidays cancelled by COVID-19. The judgment, in a claim brought by the Competition and Markets Authority against two tour operators, will also be of collateral interest to travel practitioners. Unusually,…

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Coronavirus mini-series: (9) frustration and force majeure – a guide for the travel industry

The COVID-19 pandemic has brought about a near complete cessation in tourism across the globe. The effects of this for consumers and commercial parties alike are far-reaching and are likely to continue into the foreseeable future. For commercial bodies operating in the industry and considering their position, force majeure clauses and the doctrine of frustration…

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Package travel, aviation, and the role of local law

In Palaiokrassus & Tsakou v Black and Green Trading Limited (Unreported) 7 April 2020, QBD, Master Thornett dismissed an application to set aside default judgment brought under CPR r. 13.9 and r. 3.9. The case concerned claims for personal injuries suffered in an air crash which occurred during a package holiday in Ethiopia. In dismissing…

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Coronavirus mini-series: (3) furlough and companies in administration

Businesses in the international travel industry have been among the hardest hit by the economic impact of the coronavirus pandemic. Many of those businesses are likely to face difficult choices in the coming weeks and months, including, in some extreme cases, whether to go into administration. In this blog post, Cressida Mawdesley-Thomas and Tim Goodwin…

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Coronavirus mini-series: (2) legislation

With the country in a state of almost total lockdown, now is as good a time as any to consider the extraordinary legislation brought in by the government to tackle the Coronavirus pandemic and its implications for the international travel industry. This blog post, by Spencer Turner of 12 King’s Bench Walk, is the second…

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Coronavirus mini-series: (1) package travel industry

This blog is by Christopher Fleming of 12 King’s Bench Walk. It is the first in a new mini-series considering the impact of the coronavirus pandemic on the international travel industry from a litigation perspective. Christopher considers the following issue: The restrictions on travel arising from attempts to halt the spread of COVID-19 pose an…

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The Bolam test in package travel cases

This blog post is by Nick Parkinson, a solicitor at Travlaw LLP. Nick considers the case of Morris v TUI UK Limited (Unreported) Wrexham County Court, 31 May 2019. This is the first known instance of the courts applying the ‘Bolam test’ (Bolam v Friern Hospital Management Committee [1957] 1 WLR 582) in relation to…

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Thomas Cook mini-series – (3) a new statutory compensation scheme?

Yesterday, Business Secretary Andrea Leadsom made an oral statement concerning Thomas Cook to the House of Commons. Noting that Thomas Cook had self-insured in respect of all but the most serious personal injury claims, she announced that, after the imminent general election, the government intended to set up a statutory compensation scheme for those left…

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Thomas Cook mini-series – (2) Alternative avenues for claimants

This blog by Philip Mead forms part of a series on the aftermath of the collapse of the package holiday provider Thomas Cook. A previous blog covers the rights of injured claimants to pursue a remedy where a purchase was made with a credit card. Philip assesses other possible avenues against alternative defendants.

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