There aren’t too many areas to exploit as ‘loopholes’ or exclusions from the Package Travel Regulations 2018 but there are some, and some which don’t currently specifically exist under the existing regime:-

• Corporate travel is excluded if it is sold subject to a ‘framework contract’ between the trader and its suppliers of corporate facilities.
• Accommodation supplied for residential purposes or for example as a long term student stay overseas.
• Contracts for travel insurance
• Contracts for the transport of luggage
• Meals or cleaning provided as part of accommodation

Of course, single elements, anything booked after departure or anything covering a period of less than 24 hours will continue to be exclusions from the new Package Travel Regulations.

It may be possible in some cases to minimise the impact that ‘tourist services’ have on the creation of a package or assisted travel arrangement to avoid the impact of the new Package Travel Regulations. Admission to concerts, sport events, or event parks, excursions, guided tours, ski passes and rental of sports equipment such as skiing equipment, are services that, in combination with either carriage of passengers, accommodation and/or car rental, are capable of constituting a package or an assisted travel arrangement. However, only if they account for a significant proportion of the package. Generally, the tourist service should be considered as a significant proportion of the package if it accounts for more than 20{3f9d7da30a0219d9005efee3ffe242354b5901537b5ddd31bf617a11f6a0b8c2} of the total price or otherwise represents an essential feature of the trip or holiday.