Travel industry litigation
Litigation is rife in the travel industry. Consumer claims,
whether single claims or class action claims, are virtually the tip
of the iceberg. Any consumer claim potentially gives rise to claims
by the travel company against the supplier for an indemnity;
depending upon the nature of the claim, they can also involve
health and safety issues and related regulatory litigation.
Regulatory claims are an increasing, and unwelcome, feature for
the travel industry. They may be health and safety/manslaughter
prosecutions, whether in the UK or overseas. Or, they may be
prosecutions by bodies such as the Civil Aviation Authority.
There is also the inevitable fall out from the financial failure
of a travel company, and the extent of the litigation which flows
from that will very much depend upon the size and nature of the
company which fails.
We have been advising travel companies and their insurers for
very many years on how to deal with consumer claims, and
particularly complex claims and class actions. This includes
dealing with catastrophes such as coach crashes overseas. The key
here is to manage the customer claims in a way which least affects
the public reputation of the travel company and which best enables
recovery of all expenses from the relevant suppliers.
An integral part of what we do is dealing with health and safety
issues – both proactively and reactively. We have long advised
clients on their disaster planning and their health and safety
plans. We have also been at the forefront of dealing with
Our regulatory involvement on behalf of travel companies is very
considerable. We know how to deal with regulators, and how best to
defend criminal prosecutions.
We are also particularly alert to the need to ensure that the
minimum amount of damage possible is suffered, reputationally, by
outward facing issues.