Travel organisers must have clear legal frameworks in place for wildfires

The Impact of climate change on travel has arisen again as Cyprus grapples with record-breaking temperatures and devastating wildfires and tour operators and travellers face uncertainty and potential disruption.

With several villages evacuated, homes destroyed, and emergency responses stretched thin, the situation once again raises the question – what rights do consumers have under the Package Travel and Linked Travel Arrangements Regulations 2018 (PTRs), and what obligations fall upon travel organisers?

Recent case law on the matter of cancellation under Regulation 12(7) (in MD v Tez Tour, and Eversfield Preparatory School Trust Ltd v Diverse World Ltd) provides helpful guidance on how, and indeed when, travellers can cancel and obtain a refund in instances where unavoidable and extraordinary circumstances affect their holiday.

But how does that apply here, and what obligations do organisers have ’in the moment’ if a customer is affected by extreme weather while in resort?

Under Regulation 12 of the PTRs, a traveller may terminate a package travel contract pre-departure without paying cancellation fees if "unavoidable and extraordinary circumstances" occur at the destination or its immediate vicinity, significantly affecting the performance of the package or the transport of passengers.

The current conditions in Cyprus – where wildfires have led to deaths, the closure of roads, and destruction of infrastructure – may indeed satisfy this threshold.

However, whether a traveller can cancel without penalty also depends on the proximity of the disruption to their departure and the specific facts.

A general state of heat or even national weather warnings may not suffice if the package can be delivered in substance. A traveller simply saying ’I don’t want to travel to any part of Cyprus’ is not going to stick, especially if they are not due to travel for another month.

But if a traveller is due to travel in the coming days and is supposed to be staying in or near evacuated or fire-damaged areas such as Limassol or the Troodos region, the argument for Regulation 12 rights may be strengthened. See HHJ Tindal’s commentary in the matter of Eversfield Preparatory School Trust Ltd v Diverse World Ltd and, specifically, the three questions that he states need to be assessed at the date of cancellation, without hindsight.

From the organiser’s perspective, if it is clear pre-departure that a significant proportion of services within the package cannot be provided, Regulation 11 obliges the organiser to provide a suitable alternative or refund the traveller in full.

If a traveller is already in resort but is required to leave their destination early (e.g. due to forced evacuation), Regulation 15 requires organisers to assist with both repatriation and up to three nights’ accommodation where necessary – potentially more depending on the individuals involved.

Of course, there is also the ongoing duty under Regulation 18 to provide assistance if a traveller finds themselves in difficulty.

In light of recent events, organisers should review their terms and conditions, ensure their unavoidable and extraordinary circumstances (UEC) clauses align with the PTRs and communicate transparently with customers. Encouraging travellers to obtain appropriate travel insurance is also important.

The crisis in Cyprus highlights not just the growing impact of climate change on travel, but also the continuing importance of clear legal frameworks to guide providers through such volatile scenarios.

Krystene Bousfield is a partner at specialist travel law firm Travlaw