Abta Travel Law Seminar: The industry must come to Continued from page 48


gives us the confidence this year is not lost.” Additional costs of


€40 million due to the war did not stop Tui reporting a 17% improvement in first-half losses year on year to €292 million. However, most of the


pain is yet to come despite chief financial officer Mathias Kiep’s assertion that “we can successfully offset the financial burdens from the war in Iran”. Ryanair was more bullish


on its prospects when reporting full-year results to March on Monday, despite “economic uncertainty” due to the Middle East crisis and the fact that “we still don’t know when the Strait of Hormuz will reopen”. It noted jet fuel prices “have


spiked” but insisted “demand remains robust, although the booking window is closer-in than last year”, and reported: “Europe remains relatively well supplied with jet fuel, with significant volumes sourced from West Africa, the Americas and Norway.” Ryanair reported average


fares rose 10% year on year but noted: “Pricing in recent weeks has eased somewhat in response to economic uncertainty . . . fear of fuel shortages and the risk of inflation adversely impacting consumer spending.” ACI Europe reported


European air passenger traffic grew almost 4% year on year in March despite the war launched on February 28. Looking to the summer


peak, director-general Jankovec declared: “We do not, for now, expect a contraction of passenger volumes, unless we end up facing significant jet fuel shortages.” Unfortunately, all forecasts


remain conditional.


‘Medical tourism leaves trade at risk of liability’


Ian Taylor


Travel firms should beware of offering trips linked to medical procedures abroad as they could face claims capable of bankrupting a business if things go wrong with ‘medical tourism’. Lawyer Krystene Bousfield,


partner at Travlaw, noted the number of UK residents travelling abroad for medical treatment had risen from 248,000 in 2019 to 523,000 in 2024 and said: “Only 43% travelled for cosmetic purposes. A lot [of people] travel for medical problems – hip or knee replacements, teeth problems, infertility treatment.” She added: “One reason is the length of NHS waiting lists, another is cost. It’s so much cheaper to go abroad.” Bousfield criticised use of the


term ‘medical tourism’, arguing: “It’s an unhelpful name when things go wrong.” She said describing travel for a medical or cosmetic procedure ‘medical tourism’ “doesn’t mean it


Lawyers report rise in personal injury claims


Industry lawyers report a rise in personal injury claims, including sexual assault claims, under the Package Travel Regulations. Claire Mulligan, partner at law


firm DWF, told the Abta Travel Law Seminar: “There are lots of sickness claims, sexual assault claims, cycling claims, slips and trips, and ski claims.”


46 21 MAY 2026


Krystene Bousfield


a recent case saw a claim brought by the parents of a young mother who booked weight-loss surgery and aftercare in Turkey with a company called Get Slim in Turkey. The young woman suffered complications and died following a cardiac arrest. Bousfield said: “The judge found


the company had sold accommodation and a tourist service and awarded the family £800,000 in damages.” She noted the ruling is not


amounts to a tourist service” and therefore part of a package under the Package Travel Regulations. She noted the PTRs include “other


tourist services” as part of a package, depending on how significant a part of a trip they are, and asked: “Does two nights in a hotel and a medical booking to have surgery or get your teeth done amount to a package?” Bousfield argued: “Surgery is not


a tourist activity.” But she added: “There is no case law on this.” Turkey is the leading destination for medical travel from the UK, and


She described travel firms as


“responsible for more and more” and said: “We see a rise in sexual assaults in spas, among bar staff and [among] teenage guests.” Barrister Sarah Prager KC of


Deka Chambers agreed, saying: “There is an increase in sexual assault cases. These are being targeted quite aggressively by claims firms, which is odd because they’re not worth as much as you might expect and they’re difficult to bring.” She recalled dealing with one


claim under the PTRs brought by a hotel guest assaulted by a guest at another hotel, saying: “The claim


binding on other courts, as the case did not reach the High Court. However, Bousfield argued: “The


case was not defended properly. The company did not engage a lawyer [and] the defendant marketed inclusive packages alongside surgery and related services.” She said: “I’m sure we’ll see more


of this litigation. I’ve seen UK travel companies selling medical treatments. They argue they are just facilitating treatment. They don’t realise they’re acting as an organiser. Because of the language they use, they take liability.”


Sarah Prager


was that the hotel receptionist should have prevented him [the assailant] going to her [the claimant’s] room.” Prager noted: “Cases need to be handled very carefully.”


travelweekly.co.uk


PICTURE: David Robertson


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