Is CompanyX responsible for lost luggage during a package holiday under the Package Travel Regulations 2018?

Question from sdc, Is CompanyX responsible for lost luggage during a package holiday under the Package Travel Regulations 2018?

Answer from AI:

Under the Package Travel and Linked Travel Arrangements Regulations 2018 (PTR 2018), the organizer of a package holiday, in this case CompanyX, is generally responsible for the proper performance of all travel services included in the package. This responsibility applies regardless of whether the services are performed by the organizer itself or by other suppliers, such as airlines or hotels.

Responsibility for lost luggage under PTR 2018

According to Regulation 15 of PTR 2018, CompanyX should be responsible for the proper performance of all travel services included in the package. However, the organizer may not be liable if the failure to perform the contract is attributable to the traveler, a third party unconnected with the provision of the travel services, or unavoidable and extraordinary circumstances.

In the case of lost luggage, it may be argued that the airline is a third party unconnected with the provision of the travel services, and therefore CompanyX may not be responsible. However, this argument may not be strong, as the airline is a supplier of a travel service included in the package.

Case law and the Montreal Convention

There may not be specific case law directly addressing this issue under PTR 2018, as the regulations are relatively recent. However, the Montreal Convention, an international treaty governing the rights and responsibilities of airlines, also plays a role in determining liability for lost luggage.

Under the Montreal Convention, airlines are generally responsible for lost, damaged, or delayed luggage. The Convention sets limits on the amount of compensation that can be claimed from the airline, which is currently around 1,131 Special Drawing Rights (approximately £1,200 or $1,600) per passenger.

If the airline is offering less than the Montreal Convention states, you may consider taking legal action against the airline to recover the appropriate compensation. It is important to note that the Montreal Convention does not prevent you from seeking additional compensation from CompanyX under PTR 2018.

Seeking legal advice

Determining responsibility for lost luggage in a package holiday can be complex, as it involves both PTR 2018 and the Montreal Convention. To better understand your rights and potential remedies, it is recommended that you consult with a legal professional for personalized advice.

In summary, CompanyX may be responsible for the proper performance of all travel services included in the package under PTR 2018, but the airline may also be liable under the Montreal Convention. Seeking legal advice can help clarify your options and determine the best course of action.