Louis Browne KC successfully argues PTRs apply for school ski trip

Louis Browne KC of Exchange Chambers has successfully argued that international school trips are covered by the Package Travel and Linked Travel Arrangements Regulations 2018 (PTRs). This landmark decision was made in a case involving two Lancashire schools, which contracted with Team4, a provider of organised ski trips for British schools in Austria.

The defendants, Governors of St John Fisher and St Thomas More Catholic High School (first defendant) and Holy Cross Catholic High School Governors (second defendant), terminated their contracts with Team4 during the COVID-19 pandemic. Represented by Louis Browne KC, instructed by Lancashire County Council, the schools defended against claims for cancellation fees and counterclaimed for repayment of deposits.

Case Background

The schools contended that their contracts with Team4 were governed by the PTRs, which allowed them to terminate the agreements under Regulation 12(7) due to the pandemic. They also argued that the cancellation fees were penalty charges and that the contracts were frustrated by the pandemic.

The court ruled in favor of the schools, confirming that the contracts were indeed governed by the PTRs, entitling them to terminate under Regulation 12(7) and receive a full refund of deposits within fourteen days.

Key Takeaways

Louis Browne KC highlighted the significance of this ruling: “This decision makes it clear that schools and other educational establishments that embark upon international activity trips with overnight stays are in principle protected by the Package Travel and Linked Travel Arrangements Regulations 2018. It is also the first decision at Circuit Judge level addressing these issues, providing potentially authoritative guidance on the interpretation of the PTRs in the education sector, although every case will turn on its own facts.”

Ivan Gaughan, Headteacher at Holy Cross Catholic High School, praised the ruling: "This is a crucial ruling for schools. Without the assurances provided by the PTRs, schools could incur financial losses through no fault of their own. This ruling effectively enables schools to confidently run trips abroad which are of significant benefit to children."

Implications

This ruling sets a precedent that schools organising international trips are protected under the PTRs, ensuring they can reclaim deposits if trips are canceled due to unforeseen circumstances like the pandemic. This protection is vital for educational institutions, allowing them to plan enriching international activities without the risk of financial loss.