consumer interests on the one hand and the travel industry’s approach to selling package holidays on the other. While the definition of package will be widened by reforms to LTAs, some holidays will still fall outside the scope of a package if the tour operator can show the significant proportion and/or essential feature requirements are not met. The UK government is against using the 25% value measure for the significant proportion criterion, even though it appreciates “a numeric metric is of use to travel providers building online packages” in the digital age. The EU’s current proposals for reform do not contemplate the definition of ‘other tourist services’, highlighting a further area where the UK could have taken the lead in boldly demonstrating a path to enhanced consumer protection and greater confidence in the package travel industry. IX. AN OPPORTUNITY FOR THE UK TO EVOLVE WITHOUT STRAYING TOO FAR FROM THE EU’S SHADOW Following the UK government’s response to the 2025 consultation and its proposals for legislative reform, the extent of potential future divergence from the EU directive is becoming clearer. The UK government has been bold in its recognition that the current complexities surrounding the 2018 Regulations and the concept of LTAs fashioned therein create confusion for consumers; such uncertainty only increases the risk of satellite disputes. To improve and maintain trust in the travel industry, as the legislators move to action in the UK and EU, the approach to reform must not create additional complexity or erode protections available to consumers. Instead, any changes should build on the safeguards of consumer protection that underpin the current regime, making it simpler for tour operators to outline and meet their obligations to customers, listening and responding to the concerns raised by stakeholders from the personal injury and consumer rights sectors. The UK government has responded to those concerns by proposals which demonstrate a tentative willingness to diverge and a commitment to put forward the necessary legislation by June 2026. But with the failure to engage on the issue of compulsory tour operator liability insurance and the definition of ‘other tourist services’, will the UK really stray too far from the shadow cast by the EU and its package travel directive in this important area of consumer protection? 13 PACKAGE TRAVEL REFORM AND THE UK
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