Travel and Tour Operator Insurance Scheme

(includes Package Travel, Package Holidays and Package Tours)

In order to assess and understand the liabilities and requirements, one needs to refer to the following:

• The Council of The European Communities Directive dated 13th June 1990 numbered 90/314/EEC - Article 5 has particular relevance to the question of liabilities.
• The Package Travel, Package Holidays and Package Tours Regulations 1992, which were made on 22nd December 1992 and came into force on 23 December 1992. The relevant section with regard to liabilities is Clause 15.

The requirements apply to package travel, package holidays and package tours; briefly "package" mans the pre-arranged combination of no fewer than two of the following:

• Transport
• Accommodation
• Other tourist Services

Furthermore it should be noted the some of the liabilities attach to the organizer as well as the retailer. The organiser may sell or offer the packages directly or thorough a retailer; the retailer being the person who sells the package put together by the organizer. Consequently it must be appreciated that he requirements will apply to the tour operators as well as the travel agents. The consumer will be the person who takes or agrees to take the package or any other person on whose behalf the package is purchased or any other beneficiary.

The claims which could arise could be summarised as follows:

• Claims due to failure to perform the contract or the improper performance of the contract. The organizer and/or the retailer is liable to the consumer for any damage resulting from the failure to perform the contract or the improper performance of the contract by the organizer and/or retailer or the suppliers of services (such as the agents, sub contractors or any other suppliers). The liability will not however attach in certain cases and furthermore, it is permissible to limit the compensation to be paid to the consumer provided the limitation is not unreasonable.
• Claims relating to death, bodily injury or illness of the consumer. The organiser or any other principal must include as a term of any contract accepting responsibility for the negligent acts and/or omission of his Employees or Agents., his suppliers, and sub-contractors and their servants or agents form claims resulting in death, bodily injury or illness of a consumer. It must however be borne in mind that in respect of carriage by air, by sea, by rail or any other area covered by International Convention, its is permissible to limit the obligations and liabilities as is provided by the relevant International Conventions.
• Assistance as referred to in Clause 2.8 (iii) of the ABTA Tour Operators Code of Conduct. The Tour Organiser or any other principal is asked (subject to reasonable discretion) to provide assistance if a consumer through misadventure, suffers illness or personal injury or death arising out of an activity unconnected with the holiday or an excursion; the maximum payment required to be made is £5,000 per booking form.
• The Directive (Article 7) and the Regulations (Clause 16) require the Tour Organiser or the Retailer to provide evidence of security for refund of money paid over by the consumer and for his repatriation in the event of insolvency. The security must be in existence at all times. The security should be in the form of bonding to an approved body or insurance against insolvency or payment of monies in trust.

Outline of the Insurances and Arrangements Available to the Organisers and Retailers in the Travel Industry

Having briefly discussed the liabilities and requirements, we can summarise the Insurances and arrangements which Camberford Law plc are able to effect for the organiser and retailers:

Employers' Liability
This Insurance is required by Law and provides cover for legal liability in respect of death and/or physical injury to any employee which may rise during the course of his/her employment.

Public & Products Liability
Under this section Indemnity is granted for legal Liability in respect of accidental bodily injury to any person (other than an employee) and/or damage to property arising during the course of your company's business. The Indemnity will include any liability for property damage or bodily injury arising as a result of negligent acts and/or omission of your company or your employees or your agents, suppliers and sub-contractors.

Professional Indemnity
Professional Indemnity cover will provide Indemnity against all sums which you may become legally liable to pay arising from any claim or claims made against your company by any consumer arising as a result of the following:

• Breach of professional duty by reason of an act or omission.
• Non-performance or improper performance of the services involved in any package travel arrangement, by your Company or your employees or your agents, suppliers and sub-contractors.

Travel Insurance
In view of our special relationship with Insurers we can place block arrangements for your company under which Travel Insurance cover can be effected by your Consumers on concessionary terms. Cover can be arranged for Medical and other Expenses, Personal Accident, Cancellation/Curtailment, Baggage and Personal Effects, Money, Travel Delay, Missed Departure, Personal Liability, Legal Expenses etc.

Proposal Forms

To obtain a fast, personalised, non-obligation quotation, please either complete an online form or print off a pdf version from below and send it to us.
 

Claim Forms

We have a set of standarised claim forms applicable to all schemes. They can be found here.

Brochure
If you would like the information from this page in a printer-friendly format, please download our Travel and Tour Operator Insurance Scheme Brochure. As it is in pdf format, you will need to ensure you have Adobe Reader installed in order to view it.

Contact Us

If you require further details please do not hesitate to contact: