Saggerson on Travel Law and Litigation is an indispensable reference for the travel lawyer on all topics of relevance. Written by leading practitioners at the London travel law set, 1 Chancery Lane, the seventh edition has been extensively revised and updated, providing comprehensive coverage of important developments since the publication of the sixth edition such as:
• the ongoing impact of Brexit on all aspects of travel litigation, with a particular focus on applicable law and jurisdiction, including service
· the Package Travel and Linked Travel Arrangements Regulations 2018
• the impact of the Covid 19 pandemic on the travel industry, including the rights of consumers to claim refunds or reimbursements of flights and holidays cancelled or delayed in response to international travel restrictions and lockdowns
• recent case law on ‘accidents’ within the meaning of article 17(1) of the Montreal Convention.
Recently quoted in the Admiralty Court and in the Court of Justice (EU), the new edition of this authoritative text will be of interest to all those who deal with claims that have a cross-border element.
Foreword;
Preface;
List of Abbreviations;
Table of Cases;
Table of Statutes;
Table of Statutory Instruments;
Table of European Legislation;
Table of International Conventions, etc;
Table of Codes of Conduct and Guidance;
Table of Non-UK Legislation;
1 REGULATED TRAVEL ARRANGEMENTS;
The former regime under the Package Travel Directive 1990 and the Package Travel Regulations 1992;
The new regime;
Application of the Package Travel Regulations 2018;
Territorial extent;
Exclusions;
Packages covering a period of less than 24 hours;
Packages offered on a not-for-profit basis for a limited group of travellers;
General agreements;
Regulated packages defined;
Travel services;
What services?;
Not intrinsically part of the carriage of persons, accommodation or vehicle rental;
Regulation 2(6) and ‘other tourist services’;
Account for a significant proportion of the value of the combination;
Advertised as an essential feature of the combination;
Otherwise represents an essential feature of the combination;
Rental vehicles;
Methods of sale, purchase, combination and advertisement;
LTAs;
2 PARTIES;
Package travel contract;
Traveller;
Organiser and retailer;
3 TRAVEL AGENTS;
Introduction;
General principles of agency;
Non-package cases;
The Package Travel Regulations 2018;
Travel agents’ duties of care;
Travel agents and employees;
4 INFORMATION, FORM AND CONTENT;
The former regime under the Package Travel Regulations 1992;
The scheme of the Package Travel Regulations 2018;
The provision of information;
Alteration and cancellation before the start of the package;
5 LIABILITY FOR LACK OF CONFORMITY;
Framework;
Obligations under the contract;
Providers and coordinators;
Strict and fault-based obligations;
Contractual obligations;
Latent defect;
Scope of the package travel contract;
Local standards;
Local standards in the court of appeal – Japp and Lougheed;
Local standards – recent developments;
Causation;
Other travel service providers;
Statutory defences;
Reasonable care terms;
Strict liability terms;
How the statutory defences work;
Other provisions under regulations 15, 16 and 18 of the Package Travel Regulations 2018;
6 NON-REGULATED CONTRACTS;
Regulated packages and common law principles;
Formation of the contract;
Contractual purpose;
Effectiveness of incorporation;
The Consumer Rights Act 2015;
Non-regulated agreements;
Common law – provider or facilitator?;
Excursions and extras;
General overarching contractual and non-contractual duties;
Implied terms and duties in tort;
Misrepresentation;
7 DAMAGES AND OTHER REMEDIES;
Breach of travel contracts;
Holiday cases;
Carriage cases;
Hybrid cases;
Mitigation;
International conventions;
Remedies under the Package Travel Regulations 2018;
Trial by media;
8 HOTELS;
Liability for loss and damage to property;
Definition;
Holding out;
Without special contract;
Travellers;
Exceptions;
Hotel premises;
Lien;
Liability for personal injury;
Equality;
Disability discrimination;
Holiday lets;
9 ACCIDENTS – CHOICE OF LAW AND JURISDICTION;
Jurisdiction;
Applicable law;
10 INTERNATIONAL CONVENTIONS AND REGULATIONS – CARRIAGE OF PASSENGERS AND BAGGAGE;
The Montreal Convention;
The passenger’s perspective;
Definition of ‘death or bodily injury’;
Location of the accident;
Damages for death or injury;
Loss of or damage to baggage;
Damages limits;
Formulation of claims;
Delay to passengers or baggage;
Non-material damage;
Limitation of actions;
Amendments after expiry of limitation period;
Exclusivity of the Convention;
Scope of exclusivity doctrine;
Carriers’ defences;
Exoneration;
Timely notice of complaints;
Recklessness;
Denied boarding compensation;
Air travel and disability discrimination;
The Athens Convention;
The Berne Convention;
The Carriers Act 1830;
The CRA 2015;
11 SECURITY AND INSOLVENCY;
Need for security;
Packages and LTAs;
Insolvency – tour operators and others;
The Consumer Credit Act 1974;
The Air Travel Organisers’ Licence;
Flight-Plus;
Security requirements under the Package Travel Regulations 2018;
LTAs ;
The regulators;
12 CRIMINAL OFFENCES;
Introduction;
The Package Travel Regulations 2018;
The Unfair Trading Regulations 2008;
The Denied Boarding Regulations 2005;
The Consumer Rights Act 2015;
Manslaughter;
Sex crimes;
Air rage;
13;STATEMENTS OF CASE;
APPENDICES;
1 Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours;
2 Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992/3288);
3 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC;
4 Package Travel and Linked Travel Arrangements Regulations 2018 (SI 2018/634);
Index ;
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Weight:1080.00