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1999 Travel L.J. 59 (1999)
Trouble Abroad: Credit Card Payments and the Right to Redress

handle is hein.journals/itlj1999 and id is 65 raw text is: [19991 International Trawl Law Journal TROUBLE ABROAD: CREDIT CARD PAYMENTS AND THE RIGHT TO REDRESS Ja& ie Heuitt For a number of years now, UK package holidayrmkers have been used to the idea that if something goes wrong abroad, they can pursue their complaint when they get home. Since the Package Travel, Package Holidays and Package Tours Regulations 1992, UK tour operators have been responsible for the provision of all parts of the holiday package by their overseas suppliers. Before the Package Travel Regulations came into force, holiday companies had limited legal obligations in relation to their overseas suppliers. In general the liability extended to taking reasonable steps to use suppliers of a reasonable standard, but not to direct liability for suppliers' failures. Consequently many holidaymakers found themselves with no alternative but to pursue those suppliers directly in foreign countries with differing levels of consumer protection and unfamiliar legal systems - an unattractive prospect at best and prohibitively costly for most consumers. The implementation of the Package Travel Regulations marked an important step towards improved consumer protection in the UK travel industry Instead of pursuing legal action abroad, package holidaymakers have access to low cost forms of redress in the UK. Manypackage holiday claims fall within the limit for small claims arbitration in the county court - increased to £5000 in England and Wales from 26 April - or within the ABTA arbitration scheme, provided the travel company is a member. As a result, when booking a package holiday abroad consumers should be safe in the knowledge that there are accessible means of redress if things go wrong - and therefore incentives for holiday companies to get it right. In most cases, they can be. When Mr and Mrs B and family booked a 'super luxury' villa in Florida as part of a package, they vxere looking forward to a really relaxing txo--xeek break The brochure promised the villa vould be furnished to the 'highest standard'. However, when they arrived, it was immediately clear the opposite was true. Bed linen was dirty lights didn't vxork, and kitchen equipment was filthy To make matters vorse the advertised heated pool was stone cold. Being out of season it was far too cold for swinming Despite complaining to the local representative, an alternative villa wasn't forthcoming and matters scarcely improved for the remainder of the holiday On their return Mr and Mrs B wrote to the tour operator who offered £200 compensation. But having spent well over £3000 for the holiday they felt this was unsatisfactory and pursued their claim against the tour operator in the UK, eventually settling for £ 1,800. Their success was no doubt due in part to the ability to back up their complaint with action if necessary There are gaps in this protection however. Many UK holidaymakers book flights, accommudation and various other elements of their holiday such as car hire separately rather than as a package - particularly for holidays in the USA Problems experienced with accommodation and

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