; The Package Travel Regulations 1992
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The Package Travel Regulations 1992


The Package Travel Regulations 1992

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									                 The Package Travel Regulations 1992

The Package Travel, Package Holidays and Package Tours Regulations 1992
(the Regulations) implement EC Directive 90/314/EEC. The purpose of the
Regulations is to ensure that customers "monies" are safe in case of the
insolvency of the organiser of the tour. Furthermore, that minimum standards
for the business formalities of selling packages are laid down.

To what do the regulations apply?

They apply to any packages sold or offered for sale in the UK. A package is
the pre-arranged combination of at least two of the three things following,
when they are sold or offered for sale at an inclusive price and where the
service covers a period of more than 24 hours or includes overnight

     1.      Transport;

     2.      Accommodation;

     3.      Other Tourist Services.

To whom do the regulations apply?

The Regulations apply to any person who, otherwise than occasionally,
organises packages and sells or offers them for sale, whether directly or
through a retailer. No definition is given of the word occasionally and the
advice must be that if in doubt comply with the Regulations.

Who do the regulations protect?

The Regulations require that tour operators provide evidence of security for
the refund of money paid in case of insolvency. The tour operator can choose
one of three options.

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1.     Bonding through an Approved Body;

2.     Insurance;

3.     Holding clients money in trust.

There are advantages and disadvantages with all three methods and these should be carefully
considered before a choice is made.

Who do the regulations provide for?

The Regulations require the tour operator to provide for repatriation of the consumer in the case
of insolvency. The understanding at present is that this only covers the situation where a
consumer has been taken to another country and that the obligation is fulfilled when the
consumer is returned to this country. This view could lead to considerable unfairness and the
Courts may adopt a different interpretation.

What information must be given to passengers?

There are four stages at which information has to meet the requirements of the Regulations.

1.     Brochure;

2.     Pre Contract;

3.     Contract;

4.     "In good time" before a departure.

What information is required in a brochure?

There is no requirement to have a brochure, but if there is, it must have the following information.

1.     The destination and means, characteristics and categories of transport used.

2.     The type of accommodation, it's location, category or degree of comfort and it's main

3.     The meals which are included in the package.

4.     The itinerary.

5.     General information about passport and visa requirements which apply for British Citizens
       and health formalities required for the journey or stay.

6.     Either the monetary amount or the percentage of the price which is to be paid on account
       and the timetable for the payment of the balance.

7.     Whether a minimum number of persons are required for the package to take place and if
       so, the deadline for informing the consumer in the event of cancellation.

8.     The arrangements (if any) which apply if consumers are delayed at the outward or
       homeward points of departure.

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9.    The arrangements for security of money paid over and for the repatriation of the consumer
      in the event of insolvency.

What pre-contract information is required?

In those cases where there is no brochure the following information must be given prior to the

1.    General information about passport and visa requirements which apply to British Citizens
      who purchase the package in question.

2.    Information about health formalities required for the journey and the stay.

3.    The arrangements for security for the money paid over and (where appropriate) for the
      repatriation of the consumer in the event of insolvency.

What information is required in written contracts?

The actual contractual details may not all be found in one document and a contract might be
comprised of three or four documents such as a booking form, an itinerary sheet, booking
conditions and any travel insurance certificate. The information required is as follows:-

1.    The travel destination(s) and where periods of stay are involved, the relevant periods, with

2.    The means, characteristics and categories of transport to be used and the dates, times
      and points of departure and return.

3.    Where the package includes accommodation, its location, its tourist category or degree of
4.    The meals that are included in the package.

5.    Whether a minimum number of persons are required for the package to take place and if
      so the deadlines for informing the consumer in the event of cancellation.

6.    Itinerary.

7.    Visits, excursions or other services which are included in the total price agreed for the

8.    The name and address of the organiser, the retailer and, where appropriate the insurer.

9.    The price of the package, and if liable to revision, an indication of such revisions. It must
      be made clear too, that the company absorbs the first 2% of any price increase and no
      increases can be made less than 30 days before departure.

10.   The payment schedule and method of payment.

11.   Special requirements which the consumer has communicated to the operator when
      making the booking and which both have accepted.

12.   The periods within which the consumer must make any complaints.

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What information must be provided in good time?

Certain information must be given before the start of the journey. How this information is given is
left to the company's discretion.

1.     The times and places of intermediate stops and transport connection and particulars of the
       place to be occupied by the traveller.

2.     The name, address and telephone number of the representative of the operator in the
       location where the consumer is to stay

3.     In the case of a journey or stay abroad by a child travelling alone under the age of 16,
       information allowing direct contact to be made with the child.

4.     Information must be given about an insurance policy which the consumer may, if he
       wishes, take out.

What offences can be committed?

Norfolk Trading Standards Department enforce this legislation in the County of Norfolk. There
are a number of criminal offences contained in the Regulations that can lead to prosecution.
This includes such matters as:-

1.     Making available to a consumer any brochure that does not give in a legible,
       comprehensive and accurate manner the information that the Regulation requires in any

2.     Failure to give to the consumer pre-contract information required on passports, visas,
       health formalities, security of money and repatriation.

3.     Failure to provide adequate security to guarantee the consumer refund of monies paid in
       the event of insolvency and to provide for repatriation.

4.     If the above security is provided by holding clients money in a trust account until the
       completion of the package, an offence is committed if the operator makes any statement
       to the trustee to get funds released in circumstances other than those permitted by these

     For more information or advice concerning package travel regulations please telephone
                          Norfolk Trading Standards on 0344 800 8013
             Alternatively you may email us at trading.standards@norfolk.gov.uk
     Did you know that we have a wide range of information and advice for businesses on our
                   website? Log onto www.norfolk.gov.uk/tradingstandards

                          If you need this advice sheet in large print, audio,
                          Braille, alternative format or in a different language
                          please contact the Customer Service Centre on
                          0344 800 8013 and we will do our best to help.

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