Trading standards

Trade Advice Document

This guidance is for England, Scotland and Wales

The Equality Act 2010 protects those people with defined 'protected characteristics' from unlawful discrimination. One of these protected characteristics is disability. Service providers such as tour operators, travel agents, airlines and airports must consider how travellers with disabilities access their services and make reasonable adjustments so that travellers can use services in the same or a similar way to those without disabilities.

Whether or not you are a seasoned traveller, you should research your potential destinations before committing yourself to the booking to ensure they are suitable for you and your particular requirements.

CHOOSING YOUR HOLIDAY

It is advisable to check a range of information sources to build up the most accurate picture of the destination. You should have access to information in a range of formats, such as audio or large print.

The Package Travel and Linked Travel Arrangements Regulations 2018 (referred to as the 'Package Travel Regulations') place information obligations on the retailer (for example, a travel agent) and the organiser (for example, a tour operator). Before the holiday contract is finalized, you must be given certain information - for example, details about the holiday, the destination, travel arrangements, price and payment. This information must be clear, prominent and understandable.

All traders are required to comply with the Consumer Protection from Unfair Trading Regulations 2008, which prohibit commercial practices that are unfair to consumers. If a trader misleads you or engages in an aggressive commercial practice and you make a decision to purchase a holiday that you would not otherwise have done, they may be in breach of the Regulations - for example, any claims about the suitability of accommodation for a certain type of disability must be accurate. If you think you have been misled, complain to the Citizens Advice consumer service so your complaint can be referred to trading standards.

Before you book, you must always inform the travel agent, tour operator, airport or airline about your disability and your requirements to ensure that the prospective holiday is suitable for you and that you are not misled. If you fail to inform the service provider of an essential requirement and make it part of the holiday contract, you may not be entitled to make a claim afterwards in the event of a dispute.

If you enter a contract because a trader misled you or because a trader used an aggressive commercial practice, the Consumer Protection from Unfair Trading Regulations 2008 also give you rights to redress: the right to unwind the contract, the right to a discount and the right to damages. The 'Misleading and aggressive practices: rights to redress' guide gives more information.

When considering your destination, pay particular attention to:

  • the location. What is the terrain like? Are the hotel, beach, shops and places of interest accessible?
  • the climate. Note the temperature and likely weather conditions for the time you are considering going on holiday
  • transport. Is transport accessible? How easy will it be to get around your potential destination?
  • access to medical facilities if required
  • whether any equipment you need can be accommodated
  • travel insurance
  • repatriation arrangements in the event of an emergency

When considering your accommodation, pay particular attention to:

  • the provision of assistance on the journey and at the resort
  • the location of your room, such as ground floor. Ensure requests of this type are an essential term of the holiday contract
  • the dimensions of your wheelchair if you use one. Give the travel agent / tour operator the dimensions and ensure that you can access the accommodation and that you have sufficient space to manoeuvre around the bedroom and bathroom
  • the bathroom. Is it accessible and suitable?
  • arrangements that are in place to assist you if you have a hidden disability
  • whether there are lifts in the accommodation and which areas are accessible only by stairs
  • whether any specialist dietary requirements you may have can be met

Some service providers specialise in providing accessible travel holidays and whilst there is still an onus on you to give accurate information on your disability to the provider, there is a greater legal obligation (as specialists) to ensure the holiday is suitable for your disability requirements.

Always make sure that your requests and the arrangements you have made with the tour operator are in writing on the booking form and the confirmation as part of the contract.

Online research can be extremely useful when choosing your holiday; check travel blogs and watch videos made by people with the same access requirements as you.

See the 'Holidays' guide for more information.

TRAVELLING BY AIR

EU Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air ,sets out your rights when travelling by air to protect you from discrimination and to ensure you receive assistance. The Regulations define a disabled person and a person with reduced mobility as "any person whose mobility when using air transport is reduced due to any physical disability, intellectual disability or impairment, or an other cause of disability, or age". 'Hidden disabilities', such as dementia, learning disabilities, autism, visual impairments and hearing loss, fall under this definition.

A tour operator, travel agent or airline cannot refuse to accept a reservation for a flight to which the Regulations apply or to deny you embarkation at an airport if you have a valid ticket and reservation, unless it is on safety grounds or if the size of the aircraft doors makes boarding or travel physically impossible. You should be informed of the reasons for refusal in writing.

You should inform the tour operator, travel agent or airline of your request for assistance at the time you book or aim to give at least 48 hours before the departure time of your flight. Make sure you are absolutely clear about the type of assistance you require; this will avoid any unnecessary delays. You can expect to find (clearly signed in accessible formats) designated points of arrival and departure within the airport where you can obtain assistance. Airports should provide different types of assistance, depending on the nature of the disability. For example, someone with a hidden disability may wish to have a one-to-one escort through the airport. If you have a hidden disability, you must never be separated from any companion you may be travelling with when you are receiving assistance at the airport. You are also entitled to receive information in all different formats, such as a combination of accessible videos, photos and pictures of airport processes. Your right to assistance comes with obligations on your part to comply with conditions - for example, presenting yourself at check-in within a reasonable time or at the time stipulated in writing to you.

Airports are responsible for providing assistance to you to get on and off your flight, including help at car parks and terminal entrances, at check-in and assistance within the airport. Trained staff should be available to help you. There are circumstances when you are required to travel with a companion, such as if you need help with eating, drinking, taking medication or using toilet facilities. The airline should make every effort to ensure you sit next to your companion.

If you use mobility equipment, such as an electric wheelchair, you should give the airline details about its make, model, weight and size so that it can be loaded and stored safely. You have the right to be compensated if your mobility equipment is damaged and there is a complaints procedure that you can follow if the service providers fail to comply with the Regulations. You may be asked to provide a medical certificate if you intend to travel with medical equipment, supplies or medication and if you take more than 100ml of liquid or gel medication through the security process.  

If you intend to travel with an assistance dog, you must inform the airline in advance. All assistance dogs must be accepted for air travel without charge. The airline might ask you to confirm that your dog has been trained by a recognised dog training organisation, such as those that are members of Assistance Dogs UK or the International Guide Dog Federation. Make sure you take a safety harness with you for the flight so that the dog can be secured when the plane takes off and lands. You must ensure that you comply with certain rules for travelling with dogs as they also apply to guide and assistance dogs.

See the Civil Aviation Authority website for more information on your rights when travelling by air.

TRAVELLING BY RAIL

The National Rail Conditions of Travel state that train companies will give assistance to passengers with disabilities on request and at no extra cost. For example, arranging a ramp on or off the train and support when boarding the train.  You can book assistance in advance up to two hours before the start of your journey and at any time of the day. 

The National Rail website has information on assistance passengers can receive to buy a ticket, plan a journey or receive help through Passenger Assist. Each train provider must establish and comply with an Accessible Travel Policy' on their website. This sets out how the train provider will assist travellers with disabilities to use their trains and stations.

TRAVELLING BY BUS AND COACH

The driver is legally obliged to give you reasonable assistance (for example, using boarding ramps and lifts as required or giving assistance to wheelchair users to get on and off the vehicle) but this does not mean they have to physically lift you or your mobility aids. If accessibility is a problem, discuss how best to resolve it directly with the bus or coach provider.

Check with your local council to find out how to obtain a disabled person's bus pass. If you are eligible, the bus pass will enable you to travel for free.

TRAVELLING BY TAXI / PRIVATE HIRE VEHICLE (PHV)

Unless a driver is exempt, they must:

  • accept a disabled person as a passenger if they can reasonably travel in the taxi / PHV and provide mobility assistance to them to get in and out of the taxi with their mobility aids, without extra charges
  • accept the carriage of a wheelchair user and provide appropriate assistance at no extra cost, if the taxi / PHV is designated wheelchair accessible    
  • allow a guide dog, hearing dog or assistance dog to travel in the taxi; the dog should wear its harness and identifying jacket

A driver with an exemption certificate should display a 'notice of exemption' on the vehicle windscreen.

TRAVELLING BY CAR

If you have a Blue Badge that allows you to park in restricted areas, you should check the concessionary parking rules in the country you are visiting before you travel. If you are hiring a car, make sure the insurance you are offered is adequate and appropriate to cover your disability.

TRAVELLING BY SHIP

Reduced mobility and disabled passengers are entitled to:

  • be accepted as a passenger unless refusal is justified on safety grounds
  • expect that there are trained staff who can offer support
  • assistance in ports to get on and off the vessel at no extra cost
  • travel with an assistance dog as long as pet travel rules are followed
  • be able to take medical and mobility equipment on board where reasonable
  • fully accessible ports and vessels (it is advisable to check with the carrier that facilities are compliant before booking)

You should notify the carrier of your assistance requirements at the time you book or at least 48 hours before you travel. Even if you give less that 48 hours' notice, the carrier must still make a reasonable effort to meet your requirements.

YOUR RIGHTS

See the 'Holidays' guide, which gives general information on your rights under the Package Travel Regulations.

The Package Travel Regulations define what a 'package' and what 'linked travel arrangements' are. Not all combinations of travel services - transport, accommodation, car, motorcycle and other vehicle rental - are covered under these Regulations. However, you are making a contract for the provision of a service (or services) that is also covered by the Consumer Rights Act 2015. The service you receive must be carried out with reasonable care and skill, within a reasonable time (if time is not fixed by the contract) and you are only required to pay a reasonable price for the service unless the price (or the way in which the price is worked out) is fixed as part of the contract.

The 'Supply of services: your consumer rights' guide gives more information on your rights and which remedy you are entitled to.

TRAVEL INSURANCE

Adequate and appropriate travel insurance cover is essential to avoid being out of pocket if you need to cancel your holiday, your baggage is lost or you are faced with an expensive bill for medical treatment. Shop around for the best policy to meet your requirements. As with all insurance policies, you must provide all the information that the insurance provider needs to judge whether to insure you, the level of cover they can provide and the cost of the premium.

Some insurance policies will not insure you for pre-existing medical conditions and the level of cover may be inadequate for any specialist equipment you may use. Ensure you obtain pre-existing medical travel insurance cover, have the right level of cover for your equipment and that emergency treatment / replacement medication cover is in place. You may also want to consider carer cover, in case your carer becomes injured or ill whilst accompanying you on holiday.

If an insurer refuses to meet your claim and you reach deadlock in your dispute, complain to the Financial Ombudsman Service

A UK Global Health Insurance Card (GHIC) allows you to obtain state-provided healthcare in Europe free of charge or at a reduced cost.  It is free to apply for a GHIC card. There are some websites that will charge for obtaining a GHIC for you; this is not necessary and you do not have to use them. If you have a UK issued, European Health Insurance Card (EHIC), you can still use it up to its expiry date; you can then apply for a GHIC. Visit the NHS website for more information.

The GHIC and EHIC are not substitutes for adequate travel insurance.

MEDICAL MATTERS

The majority of disabled travellers should not require medical clearance prior to flying, although it is possible that passengers could be asked to provide proof of medical fitness before the airline will allow them to board the aircraft. If you require medical clearance, you and your doctor will need to complete a Medical Information Form (MEDIF), which is only valid for one trip and for the details shown on the ticket. Disabled travellers with stable medical conditions may be able to obtain a Frequent Travellers' Medical Card (FREMEC), which gives airlines a record of your requirements and will save you making arrangements every time you fly.

Be aware that obtaining medical clearance could be a factor in the travel insurance you obtain.           

USEFUL CONTACTS

Equality Advisory and Support Service
Tel: 0808 800 0082, textphone: 0808 800 0084
www.equalityadvisoryservice.com

Tourism for All  
PO Box 318, Wirral, CH32 9GG                                                                                                                                                      
Email: info@tourismforall.org.uk
www.tourismforall.org.uk

Disability Rights UK
Plexal, 14 East Bay Lane, Here East, Queen Elizabeth Olympic Park, Stratford, London, E20 3BS
Email: enquiries@disabilityrightsuk.org
www.disabilityrightsuk.org

Scope
Here East Press Centre, 14 East Bay Lane, London, E15 2GW 
Tel: 0808 800 3333
Email: helpline@scope.org.uk
www.scope.org.uk

FURTHER READING

The Foreign travel for disabled people page of the GOV.UK website gives advice for disabled people who intend to travel abroad.

Last reviewed / updated: December 2022

Key legislation

Please note

This information is intended for guidance; only the courts can give an authoritative interpretation of the law.

The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Information on amendments to legislation can be found on each link's 'More Resources' tab.

For further information in England and Wales contact the Citizens Advice consumer service on 0808 2231133. In Scotland contact Advice Direct Scotland on 0808 164 6000. Both provide free, confidential and impartial advice on consumer issues.

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