NEWS TRAVEL WEEKLY BUSINESS CONTINUED FROM THE BACK
claims if more tour operators had a [contemporary] record of customer satisfaction, but I’m not seeing that kind of evidence.” Both lawyers described the
growing policy of UK operators to fight all cases considered fraudulent as “disastrous”. Ramos said: “It would be
a reasonable decision if tour operators pick up the costs, but they pass on the costs to the Spanish [hotel] industry.” Rogers said: “There is only a chance of defending 1% of fraudulent claims. In 99% there is no contemporary evidence of illness, but [also] no evidence of fraud. Tour operator lawyers are running up costs and these are being passed on to the hotels. We are all fighting this fraud, but operators seem happy to pass on every cost to the hotels.” She added: “The hotels are
held to ransom. Operators can strong-arm the hotels because they retain the hoteliers’ cash flow. They want to kill off these claims, but why don’t we share? Don’t pass on the costs.” Ramos warned that the
price of Spanish holidays would rise because insurers no longer cover the costs of most sickness claims. He said: “It is going to increase the price of holidays because insurers are increasing their premiums and deductibles [excesses] above the level of the average claim settlement of £3,000. Some insurers have even decided to forget the hotel industry. “There is almost no profit for
a hotel if they see two or three [sickness] claims a week.” He insisted: “If the UK
[government] brings the claims within the small-claims regime it would be fantastic. But I fear the claims management companies and solicitors will find another way to bring these claims. It is an industry.”
Travlaw Big Tent Event 2018: Legal experts outline PTR delay risks an
Cohen tips air insolvency review ‘to bring results’
CAA head of Atol Andy Cohen has defended the government’s decision to repatriate all Monarch passengers when the airline failed in October and hailed the promised review of airline insolvency as “a big step”.
Cohen told a Travlaw event
in London: “You can look at the repatriation negatively, [but] no government is going to leave 100,000 residents abroad.” He suggested “many Atol- holders” with passengers on Monarch flights “were ecstatic” at the decision to repatriate everyone. Cohen said: “There wasn’t the capacity around that week [when Monarch failed]. “A lot of people wouldn’t have got home. Atol-holders would have had to find accommodation [for stranded customers].” Asked about the government
review of airline insolvency announced by the chancellor in November, Cohen said: “This is a big step. Philip Hammond wants it sorted. They are selecting the chairman now. I expect to see
‘Don’t panic about GDPR but do act to protect your data’
Travel companies should “not panic” about the General Data Protection Regulation (GDPR) that comes into force in May. Lawyer Luke Golding of
Travlaw said: “The GDPR does not mean you have to delete all personal details you hold. It means you do have to do a bit more and be a bit better at it.” He suggested three key points
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travelweekly.co.uk 25 January 2018
BUNCE: ‘We need to look at [airline insolvency] as it will happen again’
results. I hope this review gives us some new tools on [handling] insolvency.” He told industry representatives: “Hopefully you [will] feed into the review.” Abta head of legal services Simon Bunce said: “Hats off to the CAA for a good repatriation. But is that their job? They are responsible for the Atol scheme and they ended up transporting back a lot of people not protected by Atol.” However, Bunce added: “Having 100,000 people stranded overseas
for complying with the GDPR: “First, carry out an audit of the personal data you hold. Do you need it all? What do you do with it? How long do you hold it? Second, be ready to inform customers about what you do with data. Third, start looking at how you protect that data. If something is going to go wrong, it will be through the loss of data.” Abta head of legal services
Simon Bunce agreed: “Don’t panic.” But he said: “Do worry. Do the audit. Check your security. See it as an entire organisation thing.”
would not have been good for the industry. People would have seen going on holiday as risky and we don’t want that. But we need to look at this because it will happen again.”
On the Beach head of legal
Kirsteen Bickerstaff said: “From the consumer point of view, the repatriation was great. “But there is huge confusion
around what Atol provides. Why not charge everybody leaving the country [for protection]?”
GOLDING: ‘You don’t have to delete personal details you hold’
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