This document summarizes a presentation given at LISTEX 2019 on the legal points for travel businesses to consider after Brexit. It discusses the different types of Brexit that could occur, such as with a withdrawal agreement or a "no deal" Brexit, and the uncertainties surrounding each. It also outlines some of the key impacts on the UK legal framework, consumer issues like passport validity and driving licenses, and business issues regarding financial protection schemes, employment regulations, and data protection post-Brexit. The presentation was given by Farina Azam from Travlaw LLP to help travel companies prepare for potential legal changes.
4. Listex Lab
Legal points to consider for
your travel business post
Brexit
1st May 2019
Farina Azam
Partner, Travlaw LLP
5. Post-Brexit
• Which Brexit will we have?
– Agreement & transitional period? – i.e. such as would be provided
for under TM’s Withdrawal Agreement?
– “No deal”?
• What’s the difference?
– “No deal” – very limited certainty in that we know what we will
have (WTO rules etc) – but not what the real life consequences of
that will be!
– “A deal” – which will include a transitional period. Within that
transition period, fundamentally, everything stays largely the same
… for now. After that… we just don't know. We do know that the
PTRs will continue in full in that period.
6. Impact on UK legal framework
• European Directives: implemented into domestic
legislation (e.g. PTD);
• European Regulations: have direct effect (e.g. GDPR);
• EU Withdrawal Act 2018.
7. Consumer Issues
– Will flights still operate?
– Will my passport still be valid?
– Will I need a visa to travel to the EU?
– Will my driving licence still be valid?
– What will happen to EHIC?
– Will there be disruption at the airport?
8. Business Issues
– Loss of mutual recognition across the EU of UK financial protection schemes
– i.e. the ability for you to use your ATOL etc… to sell to consumers in other
EU member states. Short term measures appear to be possible, but long term
concerns remain;
– Potentially will we see travel companies considering increased use of
surcharges in the event of a significant change in exchange rates following a
no deal (if T&Cs allow!);
– More hurdles in terms of cross border disputes – jurisdiction considerations
become even more important and enforceability of UK judgments following
supplier disputes becomes more difficult.
– Employment issues abound – Posted Workers Directive concerns etc…
– If you have to make a significant change due to Brexit, what is the position;
– Data protection and data transfers post Brexit;
– What about EU registered trademarks?