Court finds travel brochure conditions unfair
The Court of Appeal has confirmed a judgement by the Consumer’s Tribunal and ruled that a condition in a travel brochure was unreasonable and unfair.
It confirmed an award of nearly €500 to three women.
The women Pia Grech, Catherine Facciol and Rita Chetcuti had complained to the tribunal about the service they received from the agency, Mondial Travel, when they booked a trip to Verona.
They told the tribunal that the day before their planned departure, the agency had informed them that their hotel was going to be changed. It assured them that the alternative hotel would be of the same category and they would have entertainment every evening.
This turned out not to be the case and transport to and from the hotel stopped at 7 p.m. The women also complained about the pool and the standard of the food.
Mondial Travel argued that according to the general conditions contained in its brochure, it was entitled to change the hotel after it was booked.
The Court of Appeal, presided over by Mr Justice Philip Sciberras, found against Mondial Travel and ruled that the terms and conditions of the brochure, which included the right of the hotel to change hotels, were neither reasonable nor just
It confirmed the tribunal's award.
5 Comments
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Joseph Micallef
Nov 11th 2008, 21:05
Comments like that of Mr. Debono make me really angry! Till now he was satisfied with Mondial Travel. Maybe next time he will disappointed! Will he call it a mere mistake and justify it when it entails paying for something which did not materialise?
josef sammut
Nov 11th 2008, 20:04
never trust maltese tour operators, try the internet!
D Vella
Nov 11th 2008, 18:54
Good. Now it's about time for shops to stop issuing credit notes/vouchers instead of cash refunds when goods are returned because of faults, or when an agreement had been reached beforehand with the customer for unwanted goods to be returned. This has happened to me several times when I've returned faulty goods only to be offered a credit voucher which in most cases is useless because there is nothing I need,or I am forced to add even more money in order to be able to redeem my money.
It is often the case that the whorey excuse is given that the shop is unable to give money back due to VAT complications.There is always legal action as an alternative,but that as we all know is expensive and lenghty,very often costing more than the original article.
Lino Debono
Nov 11th 2008, 18:47
This came to me as a surprise since I have used Mondial Travel services for many years now and have always found them to be very professional but I guess that accidents do happen surly it is happening all the time in Malta but we maltase are holier then God
Robert Cuschieri
Nov 11th 2008, 17:00
Well done. It's about time that businesses stop doing what they want.