Package Holidays and Travel Trade Act 1995

F27[Termination of the package travel contract and the right of withdrawal before the start of the package.

18A

18A. (1) A traveller may terminate a package travel contract at any time before the start of the package and, where the traveller terminates the contract, he or she may be required to pay to the organiser an appropriate and justifiable termination fee in accordance with subsection (2).

(2) (a) The package travel contract may specify reasonable standardised termination fees based on the time of the termination of the contract before the start of the package and the expected cost savings and income from alternative deployment of the travel services.

(b) Where no standardised termination fees are specified in the package travel contract, the amount of the termination fee shall correspond to the price of the package minus the cost savings and income from alternative deployment of the travel services.

(3) At the request of the traveller, the organiser shall provide to the traveller a statement justifying the amount of the termination fees.

(4) (a) Notwithstanding subsections (1) and (2), and subject to paragraph (b), the traveller shall have the right to terminate the package travel contract before the start of the package in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination.

(b) Where the traveller terminates the package travel contract under paragraph (a), the traveller shall

(i) not be required to pay any termination fee,

(ii) be entitled to a full refund from the organiser of all payments made for the package without undue delay, and

(iii) not be entitled to additional compensation.

(5) The organiser may terminate the package travel contract where

(a) the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination of the contract within the period fixed in the contract, but in any event not later than

(i) 20 days before the start of the package in the case of trips lasting more than six days,

(ii) 7 days before the start of the package in the case of trips lasting between two and six days, or

(iii) 48 hours before the start of the package in the case of trips lasting less than two days,

or

(b) the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination of the contract without undue delay before the start of the package.

(6) Where the organiser terminates the package travel contract in accordance with subsection (5), the organiser shall provide the traveller with a full refund of any payments made for the package, but shall not be liable for additional compensation.

(7) The organiser shall

(a) reimburse any payments made by or on behalf of the traveller for the package minus the appropriate termination fee under subsections (1) and (2), or

(b) make any refunds due to the traveller required under subsection (4) or (6), as the case may be,

without undue delay and in any event not later than 14 days after the package travel contract is terminated.]

Annotations:

Amendments:

F27

Inserted (11.03.2019) by European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), reg. 13.

Editorial Notes:

E10

The section heading is taken from the amending section in the absence of one included in the amendment.