Travel and Tour Operator Insurance Scheme
(includes Package Travel, Package Holidays and Package Tours)
Proposal Forms for a Quotation
Travel and Tour Operator Insurance Scheme
for our claim forms applicable to all schemes
About Travel and Tour Operator Insurance Scheme
The Insurances which we are able to arrange for the Travel Industry are tailored to meet
the needs of each individual Client. The Sums Insured, Limits of Indemnity and type of
cover selected will, therefore, reflect such needs. In view of our in-depth knowledge we
are able to offer our advice to our Clients on all Insurance as well as allied matters.
We very much hope that you will appreciate that our facilities for arrangements of Insurances
relating to the Travel Industry are unique and we will be very happy to look into any
aspect of your Insurance.
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"
means the pre-arranged combination of no fewer than two of the following:
- Other Tourist Services
Furthermore it should be noted the some of the liabilities attach to the organiser 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 organiser. Consequently
it must be appreciated that the 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 organiser 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 organiser
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, it 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:
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 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.
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.
Crisis Management Claims
In the unfortunate event your organisation is in a crisis situation (as defined by the policy),
and you have the relevant extension to your Policy, Miles Fanning Legal will provide support
in managing the crisis, your customers and your staff to the policy limit. Note that all costs
must be approved by Miles Fanning Legal.
If you require urgent assistance with a crisis, you should use the following telephone numbers:
Office Hours (9am to 5.30pm Monday to Friday (excluding Bank Holidays)
Outside Office Hours (including Bank Holidays)
- +44(0)7454 201540, or
- +44(0)7896 422045