Hotel pool out of order

Q: I booked a holiday with a local travel agent, and on the brochure it claimed that our accommodation had its own private pool. However, when we arrived, we were informed that the pool was no longer in use and had not been in use for quite some time. Hence, the travel agent should have known about this when he promoted the package holiday. What are my rights?

A: The information you were given in the brochure should have been accurate in its description of the accommodation. You were clearly misled by the information in the brochure and your expectations were not met. The information contained in the brochure is an important part of the contract and is legally binding. In this case, the tour operator is in breach of contract and must offer some form of compensation. You should therefore formally complain with the tour operator and ask for compensation. If you are unhappy with the response to the complaint, you can register it either with the Consumer and Competition Division or the Malta Tourism Authority for mediation and amicable settlement.