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So if something goes wrong ….. the customer isn’t satisfied with any part of the package and we can’t sort it out amicably ……. we run the risk of being taken to court
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At all times we have to be able to prove that we have taken all ‘reasonable’ steps to ensure the health & safety of our clients
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Why the need for regulations?
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As the package holiday business grew through the 1970’s and 80’s, there was also a rise in ‘holiday disasters’ many of which of course were hitting the newspaper headlines. Some of you may have heard of - the Zeebrugge ferry disaster - Herald of Free Enterprise – the ferry that sank off the coast of Belgium because it’s bow doors were left open, There was a Baltic Seas ferry disaster, a number of major hotel fires, the worst being the Royal Jontiem in Thailand with major loss of life.
The situation at the time meant that if your holiday went wrong, you had to sue the supplier yourself and as you can imagine with the distance involved, the potential cost potential and the inconvenience, passengers generally had little option than to just let it go.
This meant companies could put package holidays together without consideration for the health & Safety of its travellers. An opportunity to make lots of money without any responsibility.
The media was using these alarming holiday experiences to warn the travelling public of the dangers of overseas travel.
Consumer groups, the media and individuals put pressure on the various governing bodies to introduce regulations to protect the travelling public, making Tour Operators responsible for the health & safety of their programmes.
Once the regulations were in place the media again pushed hard with various programmes and newspaper articles to tell the travelling public of their rights and the obligations of the tour operators, airlines etc.
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The Law
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Essentially, civil law is action taken by the client against a tour operator. If a court finds that the company is at fault, damages or compensation are awarded to the client and has to be paid by the company - this is not just the amount awarded but also the legal costs of the client (along with the company’s own legal costs).
Where a more serious incident occurs, for example a death in resort,
the Crown can bring a criminal case against a tour operator.
If a company is found guilty, the Criminal Courts will make the company pay a fine, or in some cases send the companies directors to prison.
The client does not necessarily receive any payment if a company is found guilty of a criminal offence.
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