Planning your Christmas holidays?

If you are thinking of spending this coming festive season abroad, then this is the time to choose your destination and make the necessary bookings. Whether you are an independent traveller and prefer booking your own flights and accommodation, or if you opt to have your holiday organised by a travel agent, in either case some shopping around is always necessary.

When opting for a package holiday there are specific regulations safeguarding your consumer rights. A package holiday is essentially a holiday that includes the purchase of two out of these three items: transport, accommodation and a significant tourist service, such as excursions.

As soon as you decide which holiday you are going for, before paying any deposit, make sure you have been provided with all the necessary information about the package in writing. By law this information should include the total price of the package chosen, including taxes and any compulsory charges, the type of accommodation, the itinerary, meal plan, and also a detailed description of the excursions when these are purchased as part of the package holiday.

Before paying the deposit and signing the contract, keep in mind that once you sign you cannot simply change your mind and ask for a refund. Hence, as with all contracts, read everything very carefully, including all the terms and conditions and, if there is anything you do not understand, do not be afraid to ask questions.

If, however, the information provided proves to be false or misleading, or at some point after the signing of the contract, the travel agency changes the terms of the holiday, then as a consumer you are entitled to claim compensation. When, for instance, problems with the package booked arise before the date of departure and this involves a major change to the package originally booked, then you can cancel the booking and claim back any money paid. You may also be entitled to compensation for the inconvenience. This usually depends on how much notice you were given and how easy it was to book another holiday of the same standard.

In a situation where the package is changed during the holiday, or else it results that there was a discrepancy between what was promised in the brochure and the reality, then you can claim compensation for any differences with the original package. However, the travel agency cannot be held responsible for any change in plans or cancellation due to bad weather, strikes or unavoidable breakdowns. Even if you change your mind, the travel agency is not liable to refund any money paid.

Legally, the package organiser cannot modify the price stated in the contract unless the charges relate to transport cost, taxes, or the exchange rate. In any case, the price stated in the contract cannot be increased during the 20 days prior to the date of departure.

Once you are on holiday, if you notice any shortcomings that are negatively affecting your vacation, then you should immediately notify the tour's representative and request that things are put right. If this does not happen it will prove useful to gather as much evidence as possible about the problems you encountered and, if you incurred any expenses, keep all the receipts. As soon as you are back home, file an official complaint with the travel agency and request a reasonable compensation. If your complaint is denied then the next step is to contact either the Consumer and Competition Division or the Malta Tourism Authority for mediation and amicable settlement.

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