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Saggerson on Travel Law and Litigation 7th ed



  


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Saggerson on Travel Law and Litigation 7th ed


ISBN13: 9780854902934
Previous Edition ISBN: 9780854902194
Published: July 2022
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: Uk
Format: Hardback
Price: £145.00



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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.

ABOUT THE AUTHORS

Matthew Chapman QC, Sarah Prager, Jack Harding, Dominique Smith, Thomas Yarrow, and Henk Soede are barristers at 1 Chancery Lane, London where they handle the full range of travel-related litigation.

READERSHIP

Barristers, solicitors, legal executives and paralegals in private practice (in-house legal teams (travel agents, tour operators and air carriers), tour operators, travel agents, travel insurers and claims recovery teams and judges in the County Court.

Subjects:
Personal Injury Law, Consumer Law, Wildy, Simmonds and Hill, Air and Space Law, Courts and Procedure
Contents:
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