Question: From time to time my client puts together a holiday which they sell to a few friends. Is this a package holiday ?
Answer: Not if they do so only occasionally. Unfortunately the PTR Regulations do not define "occasionally". but by virtue of the trip being arranged "from time to time" this implies it is organised on a regular basis, albeit it is done infrequently. We would suggest that your client may be exposed to the Regulations (See definition of an "organiser" in regulation 2(1).)
Question : Is letting out a villa a package?
Answer: Not if you provide only the accommodation. To create a package at least two of the following three components must be present: transport; accommodation; or other tourist service accounting for a significant proportion of the package. (See definition of a "package" in regulation 2(1).)
Question: Is organising day trips to stately homes/theme park etc and charging a single price for the bus and entry a package?
Answer: No. For a package to be created the service must cover a period of more than twenty-four hours or include overnight accommodation. (See definition of a "package" in regulation 2(1).)
Question: Can clients escape the Regulations by giving separate invoices for the travel and accommodation?
Answer: No. Invoicing separately for the individual components does not, by itself, unmake a package if the other criteria are in place. (See definition of a "package" in regulation 2(1).)
The insured may think that they have not created a Package, but they can still be sued or named as a co-defendant in an action citing a breach of the Package Travel Regulations. Our policies provide protection regardless of whether clients are acting as a travel agent or as a tour organiser and we will defend their position as most appropriate in the particular circumstances.