Parents line up to challenge term-time holiday fines

THOUSANDS of British parents are poised to have fines refunded after the High Court ruled that children can be taken on term-time holidays. But the Department for Education vowed to close the loophole and change the law to remove the requirement that school attendance is ‘regular’ – which will mean that every unauthorized absence would be illegal.

However, any such changes could take years to implement and in the meantime millions of families could book term-time holidays following the court ruling.

The landmark case was won by Jon Platt, from the Isle of Wight, who refused to pay a fine for taking his daughter on a family holiday to Florida. He made legal history after the High Court ruled he was not guilty of any criminal offence. The test case will help parents take term-time holidays without fear of being prosecuted – and potentially allow some of the 200,000 fines handed out over the years to be reclaimed.

The case highlighted the issue of the high cost of holidays during school breaks. Andrew Shelton, managing director of flight search website Cheapflights, said: ‘It's unsurprising that families are flouting the rules when it comes to taking children out of school during term time, as prices can rise significantly in line with demand during the holidays. A quick search on our site today shows that families can save up to 45% by travelling during term time; a flight to Lanzarote is just £204 in September, which represents a saving of £340 on the adult tickets alone against the August price of £374.

‘Hopefully, this ruling will lead to some relaxation of the rules to flatten out those peak demand periods, giving everyone the chance to enjoy the benefits of a family getaway.’

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Hand Luggage … the pros and cons

LUGGAGE restrictions seem to change all the time, says Claim Flights, which represents passenger rights with airlines in Britain and Europe. It urges travellers to be up-to-date with current regulations of the airline with which they’re flying. 

The regulations for check-in luggage are relatively straightforward, although passengers should ensure they are aware of the weight they can check-in and the number of luggage items allowed. Don't assume that all airlines are the same.

But the regulations for hand luggage are varied, and they change. While some airlines will allow you to carry a large bag as well as a handbag or laptop, many are far stricter than this.

Travelling with only hand luggage has its benefits. It’s quicker, since there is no need to join a check-in queue on departure or wait for it on arrival. It's also safer to keep high value items – laptops, tablets, jewellery – with you. But make sure you are aware of hand luggage restrictions on connecting flights. easyJet will allow you unlimited weight on your hand luggage, but if you're connecting flight is Thomas Cook, you would be allowed only 6kg with one accessory.

And it's not just the weight that's important. Remember to check the allowed sizes for hand luggage. It might be that you have to buy a new bag to accommodate the size restrictions.

Unfortunately, it's not just about the weight and size of your hand luggage anymore. According to www.gov.uk/hand-luggage-restrictions/overview, there are other restrictions to consider, especially concerning the amount of liquids that can be taken in hand luggage.

Liquids include:

• All drinks, including water 
• Liquid or semi-liquid foods (soup, jam, honey, and syrups) 
• cosmetics and toiletries, including creams, lotions, oils, perfumes, mascara, and lip gloss 
• Sprays, including shaving foam, hairspray, and spray deodorants 
• Pastes, including toothpaste 
• Gels, including hair and shower gel 
• Contact lens solution 

If you do take liquids in your hand luggage:

• Containers must hold no more than 100ml, and must be in a single, transparent re-sealable plastic bag, which holds no more than a litre and measures approximately 20cm x 20cm 
• Contents must fit comfortably inside the bag, so it can be sealed 
• The bag must not be knotted or tied at the top 
• One plastic bag per person 

Claim Flights CEO, Dr. Mirko Ulbrich, says: ‘Have a great holiday, but don't forget to check out the hand luggage restrictions for the airlines you are travelling with to avoid fees and frustrations. Also, if you plan on doing some shopping when abroad, do make sure your luggage is still within the weight allowances or you could be in for an unpleasant surprise at the airport.’

 www.claimflights.co.uk/blog

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Tourism regulation promise for Malta

#MALTA’S tourism minister Edward Zammit Lewis has launched a public consultation on legal reform in the tourism sector, including the regulation of the rental of private accommodation – and gentlemen's clubs – and an insolvency fund for customers of tour operators.

The reform seeks to reduce bureaucracy and accommodate developments in the sector.

‘Consumers are essential to the whole reform as it seeks to give tourists a better product to enjoy,’ says Mr Zammit. ‘The draft reform looks at various aspects, including travel agents organizing package travel and timeshares,’ he said.

Ministry consultant George Micallef said that the reform would allow the Malta Tourism Authority to ensure that every operator was licensed and that they conformed with licensing obligations.

He says licensing would be divided into two parts: private rental and collective accommodation, which will include hotels, hostels, serviced apartments, and agri-tourism accommodation, and late night clubs, including gentleman's clubs, which would be awarded permits for operation on an annual basis.

Regulations would comprise rules on health and safety, employment rights, and environmental standards.

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Coroner fears future carbon monoxide deaths in holiday homes

FRESH action is being demanded to protect holidaymakers from carbon monoxide poisoning – including a new ‘central register’ to compel tour operators to keep up-to-date information on gas and appliances at all hotels and holiday homes.

The government is being urged to back European Union (EU) controls on gas boilers by the coroner – David Hinchliff – who investigated how two British children died from carbon monoxide poisoning while on holiday in Corfu in 2006. He found that the deaths were caused by a faulty boiler. Thomas Cook was also found to have breached its duty of care.

Mr Hinchliff raised fears of ‘future deaths’ unless radical steps were taken. His call comes a year after the government rejected Europe-wide safety rules on holiday accommodation, warning it would impose ‘an unnecessary cost on tourism firms in England’.

In an official report – seen by the Mail on Sunday – the coroner called on ministers to ‘draft, instigate and implement EU legislation on gas installations and carbon monoxide safety’. Mr Hinchliff also called on Thomas Cook to be ‘at the forefront’ of the industry’s drive to improve standards.

The coroner also called for:

• Safety checks to be carried out by qualified health and safety specialists – not ‘often inexperienced and overworked’ tour reps 

• Publicity campaigns to encourage tourists to take portable carbon monoxide detectors on holiday 

• All brochures to contain ‘clear and easy-to-understand’ warnings about the dangers of carbon monoxide poisoning. 

Regulations that have been accepted by the British government come into force this month (October) and require owners of rented properties to install and maintain carbon monoxide and smoke alarms, but they apply only to rented properties that have solid fuel burning devices – not gas or oil – and they are silent on holiday accommodation.

Says Frank Brehany, consumer director at HolidayTravelWatch: ‘This is extremely disappointing. We have been engaged for several years with campaigners, in arguing for a better regulatory environment to protect consumers and homeowners. I regret to say that, with some notable exceptions, that the political will in Westminster is weak. In the UK, across a wide variety of accommodation types, holidaymakers will continue to be at risk of being exposed to the effects of carbon monoxide, simply because of a desire not to over-regulate.’

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Ryanair loses delay compensation case; airline to appeal

A JUDGE at Manchester County Court has ruled in favour of consumers in the flight delay test case – Goel & Trivedi v Ryanair. It is a decision which stands to benefit millions of passengers.

The judge ruled that Ryanair cannot dictate how long passengers have to claim flight delay compensation through a clause in its small print.

Ryanair argued that by accepting the airline’s conditions when they buy a ticket, passengers agreed that they have only two years to take a claim to court, despite the Supreme Court saying they have six years.

Article 15 of Flight Delay Regulation EC 261/2004 states that airlines ‘cannot limit or restrict the rights contained in the Regulations’. The judge in Manchester upheld Article 15 and said ‘On any view, that must amount to a restriction or limit on the airline’s obligation to pay and thus fall foul of Article 15.1.’

It is likely that all other flight compensation claims in England and Wales will follow the decision.

Flight delay Regulation EC 261/2004 entitles passengers to claim flight compensation of up to €600 (£434) per person for delays of three hours or more, as long as the delay was not caused by ‘extraordinary circumstances’.

The law states that airlines must apply the limitation period (how long a passenger has to take the claim to court) of the country in which the claim was lodged.

The Supreme Court ruling in an earlier case clarified that passengers in England and Wales have six years to take a claim to court.

A statement from Ryanair following the decision read: ‘We note this ruling which reverses lower court orders that a two year time limit for claims is reasonable.Since we believe a six year time limit for submitting such claims is both unnecessary and unreasonable, we have instructed our lawyers to immediately appeal this ruling.’

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Price probe at Disneyland Paris

ALLEGATIONS that Disneyland Paris charges foreign tourists more than its French customers could lead to a European Commission investigation, the Financial Times (FT) reports. 

A commission assessment found that British customers could be paying up to 15% more for one-day tickets, the paper said. 

The FT added that for premium packages UK visitors to the park could be paying €1,870 (£1,327), compared with €1,346 (£955) for French ticketholders and €2,447 (£1,736) for Germans.

European Union rules prohibit price differences based on a customer’s country of residence.

Disneyland Paris said its promotions were based on school holiday periods in local markets, adding that basic packages without promotional discounts were the same across all states.
The EU assessed prices of other theme parks in Europe and did not find the same variation, according to the FT. 

Elzbieta Bienkowska, EU commissioner for the single market, said there had been a number of complaints which were ‘very significant, particularly in one or two instances’.

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Tips for safe driving … in France

#FRANCE is a beautiful country in which to drive but, says Swinton Insurance, be sure to remember these six tips:

1. Foot off the gas – The French take speeding very seriously and speed limits are implemented rigorously. Carrying speed detecting devices is illegal, too, so switch off your SAT NAV alerts or you could lose your licence and your car. 
2. Cruise, don’t booze – Forget having a drink if you’re intending to get behind the wheel. French laws are much stricter than those in Britain … so much so that you will be expected to carry your own breathalyzer. 
3. Be smart – Obey the rules of the road and enjoy your break in peace, but commit a traffic violation and, be warned, you could face an on-the-spot of fine of up to €375 (£268). If you are fined, make sure you get an official receipt. 
4. Calling for help – Use the bright orange telephone boxes that are dotted along the motorway and toll roads (roughly every 2KM/1.2 miles) to contact the local breakdown recovery service. 
5. Carry a hi-vis jacket – Most UK drivers will find this odd, but when in France you must carry a high visibility jacket in the car – and not in the boot – in case you need to leave your vehicle at any point. Also make sure you have a warning triangle. 
6. Right is right – It seems obvious, but remember that people drive on the right-hand side of the road in France, as they do in rest of continental Europe. Keep your eyes peeled for where traffic is coming from, and approach junctions with caution. 

What if things go wrong? Here are some phrases that might come in handy in an emergency:

• Do you speak English? – Parlez-vous Anglais? 
• I am lost! – Je suis perdu! 
• Can you send me a mechanic / breakdown van? – Pouvez-vous m’envoyez quelqu’un / une dépanneuse? 
• My engine has overheated – Le moteur a surchauffé. 
• I have lost my car keys - J’ai perdu mes clés de voiture 
• My engine doesn’t sound right – Mon moteur fait un drôle de bruit 
• I have a flat battery – Ma batterie est à plat 
• Car – voiture 
• I’m out of fuel – J’ai plus d’essence 
• My brakes aren’t working properly – J’ai un problème de freins 
• I have a flat tyre – J’ai un pneu à plat/ J’ai un pneu crevé 
• I’ve put the wrong fuel in my car – Je me suis trompé de carburant/ d’essence 

For more about the rules and regs of driving in France – and to download a guide to take with you – go to http://www.swinton.co.uk/car-insurance/guides/driving-abroad/france/

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Marrying abroad? Don’t forget these …

DESTINATION wedding experts MarryAbroad.co.uk have listed the things UK couples typically forget when planning to tie the knot overseas.

Leave enough time for the paperwork: Couples should make sure they allow plenty of time to sort out the marriage paperwork, which can take between three to six months to complete, depending on the country.

Most countries require the following legal documents:

• Passports 
• Full birth certificates showing both parents' names 
• If divorced, original final divorce papers 
• If widowed, death certificate of former spouse 
• If your bride/groom has changed their name(s), legal proof of the change 
• If marrying in a non-English speaking country, documents might need to be translated by an official translator and stamped with an Apostille. In the UK, the Foreign and Commonwealth Office can legalize documents for a small fee 
• Certificate of No Impediment to Marriage (required by some countries). This can be obtained from a local department of foreign affairs, registrar, or embassy in the chosen country 
• Some countries require UK legal documents to be stamped with an Apostille Stamp, which then makes them legal documents in that country 
• Certificate of Single Status/ Sworn Affidavit that you are free to marry. These are similar to a Certificate of No Impediment, but instead you have to swear you are single in front of a legal representative, i.e. a solicitor or notary 

Check and compare currencies: When choosing a destination, couples should check and compare currency exchange rates to save on costs. The pound is currently extremely strong against the euro. This in turn makes European weddings much cheaper than last year – approximately 23% cheaper in May 2015 compared to December 2014. Couples should secure quotes from a selection of foreign exchange companies to obtain the best rates to transfer money to their wedding provider … and not forget that rates will usually vary, depending on the amount of money being transferred.

Look out for free ceremonies: Caribbean and North American resorts often offer a free wedding ceremony if couples stay for a certain number of nights or bring a certain number of guests.

Send save the dates: Couples should post save-the-date cards well in advance of the wedding day if they want guests to attend an overseas wedding. The more notice given, the more likely friends and family will be able to fly. Lots of notice also gives them plenty of time to start saving for the trip.

Listen to the weatherman: When choosing a dress, brides should have the weather of the country in mind, at the particular time of year they plan to marry. A heavy wedding dress on a tropical beach might make brides look uncomfortable and overheated in the photos. Hurricane or rainy seasons might not be an ideal time of year for outdoor weddings, which is particularly true of the Caribbean and South- East Asia.

Book in maiden name: Brides who plan to take their husband’s surname (and that’s not mandatory in Britain and the US) should remember to book airline tickets in their maiden name, unless they change their name legally before they fly.

Talk to the airline: Most airlines will allow brides to bring their wedding dress as hand luggage; however brides would need to contact the airline directly prior to booking. Also, while speaking to the airline, if a family is travelling together, the whole party should ask for a group travel rate.

Don’t forget the extras: Apart from settling the balance of the actual wedding abroad, couples shouldn't forget the little extras that need to be budgeted for in the UK, such as travel and wedding insurance, getting documents translated (if required), and getting the correct documents legalised.

www.marryabroad.co.uk is a free information portal for engaged couples, providing marriage legalities, information, and advice on marrying overseas.

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Flying with four-legged friends

WITH many holidaymakers looking to take their pet abroad this summer, Airport Parking and Hotels (APH) has created a guide highlighting the different regulations across major airlines for travelling with man’s best four-legged friend.

The research compares the different #dog breeds accepted on flights, the cost of flying abroad with a dog as well as the pet weight and crate stipulations across 20 major #airlines including Air Canada, Alitalia, Japan Airlines, and Singapore Airlines.

Not all dog breeds are allowed to fly in a commercial aircraft, with six of the 20 airlines researched – including Air France, American Airlines, and Cathay Pacific – prohibiting flying with snub-nosed dogs (such as Pugs and Bulldogs) onboard any passenger flight. But customers travelling with Qantas are allowed to take snub-nosed dogs on flights of under five hours long. 

Aer Lingus, Delta, and Lufthansa ban dogs listed on the UK’s 1991 Dangerous Dogs Act; this includes the Pit Bull Terrier. Iberia allows dangerous dogs on commercial flights as long as they are muzzled for the duration of the flight.

The cost of transporting animals was also found to differ greatly between airlines with costs dependent on the crate size and final destination. Passengers flying with their pet with British Airways will be charged £89 for checking their pet into the hold, while Swiss Air charges £272 per animal each way.

Out of the 20 airlines surveyed, only Virgin Atlantic offers a dedicated Flying Paws Scheme, allowing passengers to collect Flying Club Miles on behalf of their dog.

www.aph.com/community/holidays/taking-your-pet-on-holiday-abroad

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