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No More Holidays From Hell?Fly-on-the-wall television programmes often highlight the plight of the stranded holidaymaker and the failure of tour operators to live up to promises made in glossy brochures. The Office of Fair Trading has now reacted by issuing new guidelines which should result in holidaymakers being dealt with more fairly by travel companies. The guidelines demand that tour operators review their standard terms and conditions to ensure that they are clear and fair for consumers. The OFT is keen to ensure that operators revise their terms and conditions to comply with the Unfair Terms in Consumer Contracts Regulations 1999 which lays down a test of fairness in consumer contracts. The guidelines provide detailed examples of clauses that tour operators should incorporate into their small print, in particular dealing with refunds, surcharges and substitution of alternative package holidays. Paul Tyrer from our corporate and commercial team comments: “The new guidelines apply equally to the large tour operators and smaller independent run holiday companies. Old terms and conditions should be reviewed to bring them up to date as the OFT has made clear that it will use its new powers under the recent Enterprise Act to take action against operators against which complaints are made.” For further information please contact Paul Tyrer on: |
