Two schools win £20k claim against travel company over ski trips

Two Lancashire schools have won a court battle against a travel company after their trips were cancelled due to the Covid-19 pandemic.

The company Team4 Travel trading as Ski Team4, a provider of ski trips for British schools in Austria had claimed cancellation fees arising out of the termination of the contracts with St John Fisher and St Thomas More Catholic High School, Colne, and Holy Cross Catholic High School, Chorley.

The schools defended the claims, and counterclaimed for repayment of the deposits already paid to Team4 prior to cancellation.

A court decision has now ruled that an international school trip is covered by the Package Travel and Linked Travel Arrangements Regulations 2018.

Louis Browne KC, from Exchange Chambers, was instructed by Lancashire County Council for the defendants.

Team4’s contractual terms requiring payment of cancellation fees amounted to penalty charges and/or an alternative.

The court said it was satisfied both schools terminated their contracts under ‘Regulation 12(7) of the PTRs and they were entitled to do so at the relevant times’.

As a result, they were both entitled to a full refund of deposits paid within 14 days of termination.

The judgement says that the schools are entitled to £12,775 plus interest in the case of Fisher-More, and £7,175 plus interest in the case of Holy Cross.

Mr Browne KC said: “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.

“As far as I am aware, it is also the first decision at the Circuit Judge level addressing these issues.

“It therefore provides helpful and potentially authoritative guidance on the interpretation of the Package Travel and Linked Travel Arrangements Regulations in the education sector - although every case will turn on its own facts.”

Headteacher at Holy Cross, Ivan Gaughan, said: "This is a crucial ruling for schools.

"Without the assurances provided by the Package Travel and Linked Travel Arrangements Regulations 2018, schools are placed in a position where they 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."

Ski Team4 was contacted for comment.