Saggerson on Travel Law and Litigation

The authors are Barristers at 1 Chancery Lane, where they handle the full range of travel-related litigation. They serve on the Committee of the Travel & Tourism Lawyers’ Association (respectively, as Chairman, Treasurer and Secretary). They have been involved in many of the most high profile travel law cases of the past decade. The authors are Barristers at 1 Chancery Lane, where they handle the full range of travel-related litigation. They serve on the Committee of the Travel & Tourism Lawyers’ Association (respectively, as Chairman, Treasurer and Secretary). They have been involved in many of the most high profile travel law cases of the past decade. The authors are Barristers at 1 Chancery Lane, where they handle the full range of travel-related litigation. They serve on the Committee of the Travel & Tourism Lawyers’ Association (respectively, as Chairman, Treasurer and Secretary). They have been involved in many of the most high profile travel law cases of the past decade.

Foreword
Introduction to the 4th edition (2008)
Preface
List of abbreviations
Table of cases
Table of statutes
Table of statutory instruments
Table of European legislation


1 Regulated Package Contracts
Application of Package Travel Regulations 1992
Regulated Packages Defined
The CAA and the ATOL Regulations 1995
Guidance Note 26
Pre-arranged combination
Qualifying components
Inclusive price
Free services and facilities
Twenty-four hours or overnight accommodation
Cruises
Sold or offered for sale in the United Kingdom

2 Parties
Contract
Consumer
Other party to the contract

3 Travel Agents
Introduction
Travel agents, security and regulated packages
General principals of agency
Non-package cases
Retailers and the Package Travel Regulations 1992
Travel agents as the other party to the contract
Travel agents’ duties of care
Travel agents and employees

4 Information, Form and Content
Obligations of the Package Travel Regulations 1992

5 Liability for Non-performance
Framework
Obligations under the contract
Providers and co-ordinators
Strict and fault-based obligations
Contractual obligations
Latent defect
Scope of the package holiday contract
Local standards
Post-script – challenging the Wilson v Best Travel orthodoxy
Causation
Other suppliers of services
Statutory defences
Reasonable care terms
Strict liability terms
How the statutory defences work
Other Provisions under regulation 15 of the Package Travel

6 Non-regulated Contracts
Regulated packages and common law principles
Formation of the contracts
Contractual purpose
Effectiveness of incorporation
Non-regulated agreements
Common law – provider or facilitator?
Excursions and extras
General overarching contractual and non-contractual duties
Implied terms and duties in tort
Misrepresentation
Unfair Terms in Consumer Contracts Regulations 1999

7 Damages and Other Remedies
Breach of travel contracts
Carriage Cases
Hybrid cases
Mitigation
International Conventions
Remedies under the Package Travel Regulations 1992
Trial by media

8 Hotels and Timeshares
Hotels
Disability Discrimination
Timeshares
Holiday lets

9 Accidents – Choice of Law and Jurisdiction
Jurisdiction
Applicable law

10 International Conventions – Carriage of Passenger and Baggage
Montreal Convention
Denied boarding compensation
Air travel and disability discrimination
Athens Convention
Berne Convention
Carriers Act 1830

11 Security and Insolvency
Need for security
A cautionary tale
‘Packages’ and other arrangements
Insolvency – tour operators and others
Insolvency – travel agents
Security provisions of the Package Travel Regulations 1992

12 Criminal Offences
Introduction
Package Travel Regulations 1992
General observations
Requirements relating to brochures – organisers
Security
Liability of those other than the principal offender
Consumer Protection from Unfair Trading Regulations 2008
Denied Boarding Regulations 2005
Disability Discrimination Regulations 2007
Health and Safety at Work Act 1974
Timeshares
Manslaughter
Sex crimes
Air rage

13 Criminal Defences
Package Travel Regulations 1992
Consumer Protection from Unfair Trading Regulations 2008
Denied Boarding Regulations 2005
Disability Discrimination Regulations 2007
Health and Safety at Work Act 1974
Onus of proof
All reasonable steps (or precautions) and all due diligence
Additional burdens under the Consumer Protection from Unfair Trading Regulations 2008
Policy and abuse of process

14 Statements of Case
Package holiday claim
Particulars of claim, slippers and trippers
Particulars of claim, holiday let
Particulars of claim, food poisoning
Particulars of claim, Montreal Convention
Particulars of claim, Athens convention
Particulars of claim, fatal accident
Particulars of claim, excursion
Particulars of claim, swimming pool – local standards
Particulars of claim, a claim brought in England against a foreign insurer
Particulars of claim, skiing accident
Defence, general quality
Defence, general safety
Part 20 (third party) particulars of claim, specimen

Appendices
1 Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours
2 Package Travel, Package Holidays and Package Tours Regulations 1992