At the outset, how a trip is assembled, advertised and marketed may bring the package travel regulations into play which are considered below. However, regardless of whether the regulations apply, institutions owe a duty of care to students and staff participating in any trip. That duty of care extends across all component parts of the trip, including transport, accommodation and any planned excursions or activities.
Risk assessments should consider geopolitical factors, relevant government travel advice, health concerns and any particular needs and characteristics of the travelling staff and students. When selecting a destination, institutions should assess not only current risks but how those risks may develop in the period between planning and travel. Political instability, sanctions, visa restrictions and security concerns all need to be factored into decision-making. Institutions should also be alert to the
possibility of changes to entry requirements or restrictions affecting staff or students of different nationalities. In light of global uncertainty, some institutions are increasingly offering virtual or hybrid exchange programmes as an alternative.
Environmental and climatic risks should also be considered. Extreme heat, wildfires, flooding or other weather-related hazards may be foreseeable depending on destination and time of year. In addition, safety standards can vary significantly between different countries. As the organiser of the trip, the institution is expected to provide students and staff with appropriate information about the risks associated with travelling to and within the destination, and about facilities they are likely to use.
While there is no obligation to warn against obvious risks, institutions should provide clear warnings about known or reasonably foreseeable local hazards. For example, if rip currents are common in coastal areas where students may swim, this should be communicated. When in doubt, local advice should be sought. Warnings should be provided in writing, using clear and accessible language. Risk assessments should evidence that risks have been identified, evaluated and mitigated where possible, and institutions should retain records as part of their wider health and safety governance.
Supplier selection is another key element of due diligence. Cost alone should not determine choice of supplier. Institutions should satisfy themselves that suppliers are competent, appropriately licensed, insured and compliant with applicable local laws and standards. Consideration should also be given to how supplier selection and vetting will be evidenced, including through contractual documentation.
Information provided to students should signpost relevant official travel advice. For overseas travel, this will usually include UK government foreign travel advice, which is published on a UK-wide basis and applies across England, Wales, Scotland and Northern Ireland. Staff and students can be encouraged to review the guidance for their destination and to sign up for any available alerts. The guidance typically covers entry requirements, safety and security, health risks, insurance considerations and sources of local assistance.
Health advice should also be highlighted. Resources such as NaTHNaC (the National Travel Health Network and Centre) provide up-to-date guidance on health risks, vaccinations and preventative measures for overseas travel.
Institutions should ensure that risk assessments, safety management systems and health and safety policies are aligned, so that duties of care to both students and employees are properly discharged. It is important to recognise that there is no such thing as a completely “safe” destination. What matters is that institutions can demonstrate proportionate and robust due diligence, including appropriate research of destinations and suppliers. Flexibility and insurance protections should be built into travel planning, particularly given the increasing unpredictability of global travel. Many institutions have reviewed their arrangements in recent years following serious incidents during organised activities, underlining the importance of governance and oversight.
Are you selling a “package”?
Where universities or further education colleges organise or assemble overseas trips for students, it is important to understand the legal liabilities that may arise and to ensure appropriate protections are in place. Institutions that wish to avoid the liabilities associated with acting as organiser may choose to engage specialist third-party providers, such as members of recognised school or educational travel bodies, who act as tour operators and assume responsibility under the Regulations.
The Package Travel and Linked Travel Arrangements Regulations 2018 apply across the UK and it is essential to understand whether a proposed trip falls within their scope. Failure to do so can leave an institution exposed to legal and financial liability and responsible for incidents affecting participants.
Why are the regulations relevant to university and college trips?
A “package” is created where at least two of the following travel services are combined and sold or offered for sale at an inclusive price, and the trip lasts more than 24 hours or includes overnight accommodation:
- Transport
- Accommodation
- Other tourist services not ancillary to transport or accommodation and forming a significant proportion of the trip
Where an institution sells a package, it will be treated as the organiser and will effectively “stand in the shoes” of its suppliers. This means it may be liable for the performance of the travel services making up the package. For example, if a student or member of staff is injured due to a failure in accommodation standards or during an organised activity forming part of the package, the institution may be legally responsible.
As a result, institutions organising overseas study trips, sports tours or similar activities must consider carefully whether the Regulations apply. If they do, the institution will assume obligations similar to those of a commercial tour operator, including legal liability and financial protection requirements. Where an institution is deemed to have sold a package, it must ensure that appropriate insurance is in place. This typically includes organiser liability insurance and insolvency protection (often referred to as financial failure insurance). The courts have also confirmed that organisers subject to the Regulations are expected to undertake suitable risk assessments covering the nature of the trip and the risks to participants.
Institutions must also take reasonable steps to ensure that suppliers are competent, insured and compliant with local legal and safety standards. Demonstrating due diligence in supplier selection is therefore critical. A prudent approach is to include contractual requirements relating to insurance, compliance with local laws and standards, and adherence to the institution’s health and safety expectations within supplier agreements. The Regulations do not apply to trips lasting less than 24 hours, unless overnight accommodation is included. They also exclude trips organised “occasionally” on a not-for-profit basis for a limited group of travellers. The term “occasionally” means no more than a few times per year. Where trips are organised regularly, the exclusion is unlikely to apply.
Scenario - annual university ski trip
A university organises an annual ski trip for students, alongside other trips linked to its sports teams. The institution arranges transport, books accommodation in a hotel, and includes ski lessons and organised social events. Students are invited to participate and pay a deposit and final balance for the total advertised price.
This trip includes transport and accommodation. The question is whether it is organised only occasionally, on a not-for-profit basis and for a limited group. If so, it may fall outside the scope of the Regulations. However, if the university organises similar trips on a regular basis throughout the year, the Regulations are likely to apply.
Where an institution relies on the “occasional” exclusion, it should clearly inform participants that the trip does not benefit from the protections of the Regulations. If the exclusion does not apply, the institution must comply with the Regulations, including holding appropriate organiser liability insurance and insolvency protection.
