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Abta opposes extension of consumer law to cover packages

Abta has hit out at “unnecessary red tape” involved in the proposed extension of the Consumer Rights Directive to cover package travel and timeshare.


Writing in opposition to plans put forward for consultation by the Department of Business, Innovation & Skills, the association argues that both sectors are already regulated.


Abta argues that it is unfair to extend the policy changes to cover package holidays, which sit outside the scope of the Consumer Rights Directive.


Package travel is covered under the Package Travel Directive, currently under revision by the European Commission.


The association also believes it is unfair to extend the directive to cover timeshare, which is sold by some members, as these are regulated under the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations.


The timeshare industry is one of the most strictly regulated in Europe and attracts few complaints today, Abta claims.


The consultation focuses in particular on whether pre-ticked boxes for additional payments and premium rate consumer helpline numbers should be allowed.


Abta says its code of conduct requires that all members must be transparent on pricing and has discouraged the use of opt-out/pre-ticked boxes.


As a result, the use of these boxes in the package travel and timeshare markets is “minimal”.


However, there are some exceptions when it comes to charitable donations with some Abta members using pre-ticked boxes to fundraise for charities.


The proposals could have a negative knock-on effect on charitable donations so Abta is suggesting that these could be allowed on an opt-out basis, perhaps with a cap on the amount.


Additionally, Abta says it is not aware that members apply premium rate numbers to consumers having queries and complaints and “sees no reason to prohibit this when the need to do so does not exist”.


Head of public affairs Luke Pollard (pictured) said: “The package travel and timeshare markets are already governed by their own specific sets of regulations and our members operating in these markets will also be regulated by the Abta Code of Conduct.


“We strongly oppose any extension of the Consumer Rights Directive to cover these products and believe that the correct route for any changes should be via the existing legislation to avoid complexities and unnecessary red tape.”

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