Your Right to Transfer
The Package Travel Regulations cover travel booked as a Package. They help to protect the consumer by providing certain rights, and setting responsibilities for tour operators. one of the rights a consumer has, outlined in the PTR's is the right to Transfer your package holiday, Regulation 10.
''Transfer of bookings
10.—(1) In every contract there is an implied term that where the consumer is prevented from proceeding with the package the consumer may transfer his booking to a person who satisfies all the conditions applicable to the package, provided that the consumer gives reasonable notice to the other party to the contract of his intention to transfer before the date when departure is due to take place.
(2) Where a transfer is made in accordance with the implied term set out in paragraph (1) above, the transferor and the transferee shall be jointly and severally liable to the other party to the contract for payment of the price of the package (or, if part of the price has been paid, for payment of the balance) and for any additional costs arising from such transfer.''
The Office of Fair Trading published the document Guidance on Unfair Terms in Package Holiday Contracts (full document can be found through a link to right of this text) which also discusses the individual's right to Transfer in Section 3.7.
''Consumer's right to transfer the holiday if prevented from travelling
3.7 Regulation 10 of the PTRs gives consumers the right, where they are prevented from proceeding with the package holiday, and where they give reasonable notice, to transfer their participation in the holiday booked to a substitute who satisfies the conditions (if any) that apply to the package. The PTRs do not specify the kinds of event that would qualify the consumer as 'prevented from proceeding' but the OFT considers that they would include illness, death of a close relative, jury service and so on. The person transferring the holiday and the substitute are individually and jointly responsible for paying the full amount due, namely the price of the holiday, together with any additional costs arising from the transfer. This is an important practical means by which consumers who are prevented from travelling can transfer their holiday.''
Guidance Notes, Publications and Further Information
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