In our weekly legal column, the Leader, with the expert advice of the team at GHP Legal, sets out to answer some of your problems. Today's question is answered by solicitor James Denton...
If I book a flight and hotel separately online, do I have any legal protection?
Q: There is so much bad press these days about holidays and what can happen to the consumer when things go wrong, I am nervous about booking a holiday online through one of the travel portals. If I were to book a flight and hotel separately, as opposed to buying a ready-made 'package holiday', would I have any legal protection?
A: The first thing to clarify is that a 'package holiday' can be ready-made or tailormade. What classifies it as a package holiday is that it must include two or more travel services booked together, be for a duration of minimum 24 hours or include overnight accommodation, and you must have made a single payment for the combined services (which can include transport, accommodation, car rental, or a tourist service such as a booked tour, sports equipment and passes significant to your trip).
The other type of travel arrangement is a linked travel arrangement. This is where you book at least two different types of travel service as stated above, but they are arranged and paid for separately. So, for example, you might book and pay for a flight and then later book and pay for a hotel separately on the same website.
As far as protection goes, a package holiday has both financial and legal protection. Legal protection means your travel company has a legal responsibility to provide the holiday you paid for. If they fail and they or one of their suppliers is at fault, they can be held legally liable to resolve the issue, refund you some or all of the holiday cost, or maybe even pay you compensation. When booking a package holiday you should be provided with your key rights under the Package Travel Regulations 2018.
Linked travel arrangements only have financial protection, which is usually at a lower level than that provided with a package holiday, and any disputes must be taken up directly with the individual service providers.
• This question has been answered by James Denton, a solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.
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