Travel Law Today Your essential insights into the latest in travel law Travel Law Today Spring 2017 Issue 3 Travel Law Today This issue: New laws, directives and Brexit mean it’s all change in the travel industry. We examine the impact on the 21st century consumer Brexit: prepare for Rules and the big Repeal regulations We look at the impact the Government’s Great Repeal Buckle up for a tour of the new Act is likely to have on the Package Travel Regulations travel industry When to travel and Global sanctions: The changing shape when not to travel do the right thing of the industry We show you how to understand Advice on how travel companies Find out how the new Package Travel and share FCO advice for travellers can toe the line on trading abroad Directive will have a huge impact Relax Let Lawbite Take Care of Your Legals LawBite is a revolutionary legal service providing fast, clear, specialist advice and legal document services for at least half the normal cost of a traditional law firm. From legal document templates to contract checking and specialist travel sector legal advice, Lawbite will take you from law as you know it to law as you need it. LawBite’s expert travel lawyers are experienced, easily accessible, in- sured and regulated so you can rest assured you’re in capable hands. We cover all relevant areas of law for the travel sector including: • Customer and website terms • Intellectual property and conditions • Health and safety • Regulatory matters • e-Commerce • Supplier and commercial • Company acquisition and contracts general corporate services • Data protection • Employment and HR • Data protection www.lawbite.co.uk Take our FREE legal health check at www.lawbite.co.uk/legal-health-check to ensure you have the legal needs of your business covered. Or take advantage of our FREE 15 minute lawyer consultation by going to www.lawbite.co.uk/business-legal-advice or calling our team on 0207 148 1066. Travel Law Today Welcome CONTENTS elcome to the 3rd edition of Travel Law Today, published on the occasion of the 19th annual ABTA Travel Law Seminar. W With the country heading out of the EU following the triggering of Article 04 Brexit impact 50 in March and the introduction of the new Package Travel Regulations looming, it is Find out about the new Government more important than ever to keep on top of the changing legislative environment. White Paper that paves the way for Brexit While Brexit holds out the prospect of greater UK control over the laws that affect travel, it is by no means certain how far that control will extend or how future UK Governments will use it to improve the regulations that travel companies have to work 05 21st century customer Relax with. All travel companies should therefore prepare for the new package travel Issues explored: the rise of gastric illness regulations, general data protection regulations and other legislation with an eye claims; disabled travellers, and FCO advice Let Lawbite Take Care of Your Legals to being flexible in future. Whatever the outcome of Brexit, customers will always provide new challenges for LawBite is a revolutionary legal service providing fast, clear, specialist travel companies to respond to. When dealing with an ageing customer base that will 08 International sanctions Make sure you avoid penalities by getting advice and legal document services for at least half the normal cost continue to enjoy travelling and seeking new experiences, businesses must understand their responsibilities for delivering accessible travel services. And when dealing with cus- to know the ins and outs of global trade of a traditional law firm. tomers who appear increasingly litigious or unreasonable, businesses must understand how best to defend themselves. Travel companies and those advising them need to be From legal document templates to contract checking and specialist more adaptable and more creative than ever. 10 Data protection travel sector legal advice, Lawbite will take you from law as you know Once again, we are extremely grateful to the ABTA Partners who have contributed Ensure you have the right data marketing it to law as you need it. to this edition and I hope that these articles and the ABTA Conferences and Events consents in place. There’s a new law coming programme will be a valuable part of your preparations for some interesting times ahead. LawBite’s expert travel lawyers are experienced, easily accessible, in- sured and regulated so you can rest assured you’re in capable hands. 11 Package Travel Regulations How will the changes affect you? We cover all relevant areas of law for the travel sector including: • Customer and website terms • Intellectual property and conditions • Health and safety Simon Bunce Director of Legal Services, ABTA • Regulatory matters • e-Commerce • Supplier and commercial • Company acquisition and contracts general corporate services • Data protection CONTACT US • Employment and HR ABTA is the UK’s largest travel association representing around 1,200 travel ABTA Ltd, 30 Park Street, London, SE1 9EQ agents and tour operators that sell £33 billion of holidays and other travel [email protected] • Data protection arrangements each year. ABTA’s purpose is to support and promote a +44 (0) 20 3117 0500 thriving and sustainable travel and tourism industry. The ABTA brand stands for support, protection and expertise. These qualities are core, as they help @ABTAMembers ensure that ABTA’s Members’ customers travel with confidence. Find out more at: abta.com www.lawbite.co.uk The views expressed by the contributors are personal and do not necessarily represent the views of ABTA. The articles in this document are intended as a general guide only and can’t be a substitute for specific advice. Take our FREE legal health check at www.lawbite.co.uk/legal-health-check to ensure Articles in this publication may not be reproduced without permission. you have the legal needs of your business covered. Copyright ABTA Ltd 2017 Or take advantage of our FREE 15 minute lawyer consultation by going to 3 www.lawbite.co.uk/business-legal-advice or calling our team on 0207 148 1066. Brexit impact The Great Repeal Act Prepare for the big Repeal A new Government White Paper is the first step in a long journey which will lead to the Great Repeal Act and the UK’s departure from the EU. Claire Ingleby investigates Claire Ingleby mb Law. Claire advises on all types of commercial agreements and business transactions, including share sales and acquisitions, share schemes including EMI, company reorganisation and airline charter, agency, supplier and partnership agreements. She also specialises in travel regulatory advice. n 23 June 2016, the UK voted to leave the EU. The Government is keen to stress that the Act will not EU law to remain workable. The intention is that these O A year ago, that prospect for many of us seemed be used to make major policy changes and will do no corrections will be effected by statutory instrument a remote, almost surreal, one with unfathomable more than is required to ensure that the law continues and that this legislation will be in place the day before consequences. Now, in the Spring of 2017, Article 50 to function from the outset. the UK leaves the EU. The extent of this power is likely has been triggered and we must contemplate the me- to be controversial and subject to much debate. chanics of unravelling a 44-year-old relationship. Reveal the Repeal As an initial step in the legal divorce process, the Gov- The Great Repeal Act aims to achieve the following First steps on a long journey ernment has published a White Paper legislating for the objectives from the date Brexit takes effect: The White Paper is of course only the starting point UK’s withdrawal from the EU. This sets out the structure 1. All directly applicable EU law will be converted for the legal Brexit process. Its purpose is to set out the and objectives of the legislation which will give effect to into UK law. This will include EU Regulations such as Government’s legislative strategy for Brexit and in the Referendum vote and which is to be known as the 261/2004 on denied boarding. particular to outline the intended mechanics for Great Repeal Act. 2. Existing UK laws which implement the UK’s converting EU law into UK law. The actual Great Repeal obligations to comply with EU law will be preserved. Bill and the other legislation which the White Paper A mountain to climb The statutory instrument which should by Brexit promises, including an immigration bill, will follow. The scale of the task faced by the Government purely in have given effect to the 2015 Package Travel In addition, while dealing with existing EU legislation terms of giving existing EU legislation effect in the UK Directive will come within this category. is a significant element of the exit process, it is only a post Brexit is immense. There are over 19,000 pieces of 3. Pre-existing decisions of the Court of Justice will be part of the jigsaw. The UK Government is embarking EU law in force including 12,000 EU regulations which given the same binding or precedent status as those on negotiations for a trade deal which, if achieved, will have direct effect and 7,900 statutory instruments of the Supreme Court. Any question as to the also require implementation into UK law. Any deal is implementing EU laws including directives. A material meaning of EU-derived law will thereafter be deter- likely to involve appropriate compliance with at least proportion of UK Acts additionally incorporate at least mined by the UK courts by reference to that historic certain areas of EU law.