Let down by package tour

Q: A couple of weeks ago, my family and I went on holiday to Slovenia, Italy and Croatia with a local tour operator. However, there were several things that did not match the tour's promises.

First of all, we were two adults and one child, but the room was only for two adults, because the larger rooms were already taken and the hotel was full. We were offered a third bed in our room, but the room was too small and no place would have been left for our luggage.

Our six-year-old son had to sleep in the middle of two joined single beds and this was very uncomfortable. We had paid about €450 for his package tour, which included flights, hotel, excursions and taxes.

We accepted the room because we had travelled during the night and were too tired to keep insisting that we wanted an adequate room. However, the next day, we spoke to our tour leader, saying it was unfair since we had paid for our son. He told us he could do nothing because the rooms were all full.

We were also disappointed with the way the excursions were organised. On a particular excursion on Sunday afternoon, all museums and shops were closed. The tour leader justified this by saying that "being the first group, we had to be the guinea pigs".

In Slovenia, we were meant to visit Portoroz, but only passed through by coach and did not stop at all. The tour leader explained that we had to return early to the hotel to rest for an excursion the next day. So the opportunity to visit Portoroz was lost. It was advertised on the leaflet and on television that we were to see 'beautiful waterfalls'. But we neither saw nor visited any.

I complained about all this with the tour operator a week after we returned home, but no one replied. I phoned several times and even went personally to the agency.

After numerous unanswered phone calls I finally spoke to the manager. His reply was apologetic. He said he had to check about all these complaints and said we should have informed him from Slovenia about the room. However, he offered no compensation.

What kind of compensation are we entitled to?

A: According to the Package Travel Regulations, you are entitled to compensation if the tour you booked and paid for was not as advertised or promised by the tour operator. As a consumer you are entitled to seek compensation for the proportion of unprovided services which you had paid for. In this particular case, you can claim the money you paid for your son's accommodation because this service was not adequately given to you.

You can also seek compensation for the disorganisation of the tours and also for not visiting the 'beautiful waterfalls' you were promised.

Furthermore, if you feel that you have suffered a particular inconvenience due to these shortcomings, you can also claim for moral damages.

When problems arise during a package holiday, it is important to bring it immediately to the attention of the tour operator's representative and if necessary put the complaint in writing.

If things are not put right straight away, consumers should collect evidence and henceforth file a complaint with either the Consumer and Competition Division or the Malta Tourism Authority.

Consumers should note that a travel agency is only responsible when a complete package is purchased by the consumer, such as flights, accommodation and/or excursions.

Should the traveller arrange the holiday independently, any problem with a particular part should be solved directly with the supplier of the service.