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Linked travel arrangement /Package Holiday Views

Life__Goes__On
Life__Goes__On Posts: 2,746 Forumite
1,000 Posts Third Anniversary Photogenic Name Dropper
edited 19 May 2025 at 4:45PM in Coronavirus Board
Does anyone know the legal rules here?
It looks like people are believing they are  booking  a "package holiday" as they are making one payment to the travel agent.
But the travel agent is then splitting the payment separately so accommodation and flights are now separate, so less protection.

My view is the travel agent should be telling their customers that is what they are doing, if not then it should still be classed as a package holiday.
New User name as MSE gave me a number in my old one.
" I am not a number! I am a free man!"

Comments

  • bagand96
    bagand96 Posts: 6,716 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 8 May 2020 at 2:24PM
    Without delving into the legislation....  when you book on the OTA's that put the holidays together, they breakdown each element on the payment page.  So you'll see something along the lines of:

    - Flights  £398
    - Accommodation £375
    - Transfers £52
    - ATOL £5
    TOTAL HOLIDAY PRICE £830

    I checked Expedia, Lastminute, TravelRepublic and OnTheBeach and they all itemise in that sort of format.  Also, they will have 2 lots of T&Cs to accept, those of themselves as the agent, but also the booking conditions of the suppliers.  The agent T&Cs will lay out that they are acting as agents only and contracts are with the suppliers, however you do have rights under Package and Linked Travel regulations 2018 etc...


    When you book with a proper tour operator like TUI, Jet2Holidays you don't get it itemised like that.  You get a single "Holiday" price, and only one set of T&Cs to agree to, as you only have one contract.

    I'd agree a lot of people have no idea what they're booking.  Everyone just ticks the T&Cs box and hands over their card details.


  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
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    I do wonder if this might be the new mis-sold  issue.
    I agree with the just tick the T&Cs box
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • bagand96
    bagand96 Posts: 6,716 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I do wonder if this might be the new mis-sold  issue.
    I agree with the just tick the T&Cs box
    It is spelt out though if people read the T&Cs.  Whether that would count as mis-sold I don't know.  It would need a legal opinion on whether it is made clear enough.

    Whether the general public would actually care though if they're saving £17.50 over the other website....
  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited 8 May 2020 at 2:38PM
    bagand96 said:
    It is spelt out though if people read the T&Cs.  Whether that would count as mis-sold I don't know.  It would need a legal opinion on whether it is made clear enough.

    Whether the general public would actually care though if they're saving £17.50 over the other website....
    I'm not sure how it works
    With being mis-sold insurance, if a person read the T&Cs and policy coverage then would have known that thy wasn't covered for certain events.
    But I believe it was ruled it should have been spelt out, and it wasn't,  that's why there was so many PPI claims.


     
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • Maybe some people don't know the difference but I would have thought it was fairly clear when you are looking on certain sites, they try to find you the best value holiday and will first show flights available (sometimes different operators there and back), then when you pick your flights, they go on to show you hotels and as bagand96 states they set it out totally visably breaking up the different components.   Whether they need to state in big letters THIS IS NOT A PACKAGE HOLIDAY ...maybe especially if people haven't booked through Jet 2, TUI etc before.   But even if they had done I don't think most people would have recognised the significance of knowing this fact before this current crisis anyway.   Now we all know, is the end looming for third party sites? 
  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Just my view but if I had to pay in two transactions then I could be sure it's a LTA
    But if I made one payment, then it isn't clear, and I doubt a bit of small print would cover it.
    I'm totally unsure of third party sites for booking works thou, as not done one for many many years.
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • Butts
    Butts Posts: 1,296 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    On my ATOL Certificate from Last Minute.com for my Flights/Hotel Trip to the USA  ....
    "What is protected?"
    "Flight and Hotel package to Orlando for 14 Nights"
    It then goes on to list the flights and dates both ways but does not specify the Hotel.
    "Who is protecting your trip?"
    "BravoNext SA Atol no 11082......with a Swiss address.
    It then goes on to list the protection which basically applies to BravoNext SA going bust and you will receive a refund.
    At the bottom it mentions "You also have protection under the Package Travel and Linked Travel Arrangement Regulations"
    Right at the bottom with the ref no it says "Package (Single Contract)"
    I have no breakdown of the monies as I have only paid the deposit.

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