PI Brief Update

Updating the Package Travel Regime - Philip Mead, Old Square Chambers

12/03/16. Since the adoption of Directive 90/314/EEC over 25 years ago, the travel industry has been transformed both in terms of the availability of travel services and how consumers purchase those services. With these considerations in mind, the EU has updated the legislation governing package travel by the adoption of 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. The new Directive imposes an obligation on Member States to adopt and publish the necessary implementing laws by 1 January 2018, and to apply those measures from 1 July 2018 (Article 28). From 1 July 2018, Directive 90/314/EEC is repealed (Article 29). This article reviews the provisions of the new Directive which are likely to affect personal injury practitioners.

As the title of the new Directive indicates, the Directive regulates both package travel and linked travel arrangements. What are linked travel arrangements and to what extent are they relevant to personal injury practitioners? Article 3(5) defines a linked travel arrangement as being at least two different types of travel services purchased for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with individual travel services providers, in certain defined circumstances. Article 19 of the new Directive imposes two obligations on services providers of linked travel arrangements: the duty to provide security against...

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