Before buying a package holiday...

At this time of year, numerous families start planning their much-awaited summer holiday, and visiting a new country is undoubtedly a favourite summer break. Most families choose to have their holiday organised and planned by a travel agency to avoid hassles and any possible risks. When opting for a package holiday, consumers have specific and additional rights that independent holiday-makers do not have.

According to the Package Travel Regulations, the tour organiser should provide consumers with all the necessary information about the chosen package. This should include the price, including taxes and other charges, the type of accommodation, itinerary, meals, and a detailed description of the excursions, if these are purchased as part of the holiday.

If any information proves to be false or misleading, consumers are entitled to a compensation for any loss suffered. Package holidays should be as described and advertised. Any discrepancy should be compensated for.

However, consumers do not just have rights but the responsibility to carefully read the booking conditions of the holiday brochure, since these are the basis of their contract with the tour operator; they set out the responsibilities and bind both sides.

After signing, consumers can only object to these conditions if they are unfair and therefore limit their legal rights.

If problems arise before the date of departure, and this involves a major change to the package originally booked, consumers can cancel the holiday and claim a refund.

They may also be entitled to compensation. This depends on how much notice they were given and how easy it was to book another holiday of the same standard.

In a situation where the package contract is changed during the holiday, consumers can claim compensation for any discrepancies with the original package. However, they cannot hold the tour operator responsible for any change in plans or cancellation due to bad weather, strikes or unavoidable breakdowns.

The travel agency is also not liable to refund money to a consumer if it was the consumer who changed his/her mind and cancelled the holiday.

The regulations also state that the package organiser cannot modify the price quoted in the contract unless the charges relate to transport cost, taxes or exchange rate. In any case, the price on the contract cannot be increased during the 20 days prior to the date of departure.

When problems arise during a package holiday, the tour operator's representative should be immediately notified. Preferably put the complaint in writing.

Should the problem not be resolved during the holiday, it is advisable to collect all documents relevant to the complaint as evidence for future reference.

Once back, consumers should immediately contact the travel agency through which the holiday was booked and present evidence of the shortcomings. Consumers should also make clear the amount they are claiming.

However, it is important to make reasonable claims and not demand something one is not entitled to.

If the complaint is denied, or the tour operator offers less than the consumer requests, then the next step is to open a complaint with either the Consumer and Competition Division or the Malta Tourism Authority for mediation and an amicable settlement.

Ms Vella is senior information officer, Consumer and Competition Division.

customer@timesofmalta.com, odette.vella@gov.mt