Buying a package holiday

When we buy a package holiday, we have specific legal protection. By booking a package holiday, we are entering into a contract that is legally binding.

Usually, our decision to book is taken after carefully reading the travel brochure of destinations we are interested in. It is therefore mandatory that the brochure provided by the tour organiser or agency is comprehensible and in no way misleading.

The brochure should, in fact, provide accurate information on all aspects of the holiday, including the destination, means of transport, type of accommodation, meal plan, payment, and whether a minimum number of people are required for the package holiday to materialise.

As consumers, we may claim compensation if the holiday turns out different from the way it was described in the brochure unless the brochure contains a statement which clearly explains that changes may be made to particular information in the brochure prior to buying the holiday. If this is the case, such changes should be clearly communicated in writing to us before we book the holiday and place a deposit.

Once the holiday is booked, and the sales contract concluded, we are also entitled to a copy of the contract, and the contract should include this information:

• Destination and duration of the holiday;

• Type of transport involved and departure times and places;

• Location and category of the accommodation;

• Whether food is included in the package, the meal plan;

• Itineraries of any excursions included;

• Name and address of the holiday organiser;

• Total price of the package and any taxes or compulsory charges;

• Payment schedule and method of payment; and, where applicable,

• Any special requirements we informed the organiser about and were agreed on.

Furthermore, before we actually start our holiday, the travel agency is also obliged to inform us that we should buy an insurance policy to cover the costs of cancellation if we need to cancel the holiday. A travel insurance policy may also come handy in the event of accident or illness, and also in cases of theft or loss or damage of luggage.

In the sales contract we should also be informed that should we are unable to proceed with the package, we may transfer the booking to someone who satisfies all the conditions applicable to the package, provided we give reasonable notice to the organiser to effect the transfer.

If we decide to transfer our booking to someone else, we should keep in mind that we are liable to pay any additional costs arising from such a transfer.

In terms of price, the law states that once a deposit is paid and the sales contract concluded, the organiser can no longer modify the cost unless the contract clearly states that there is a possibility that the price could increase or decrease and states precisely how the revised price is to be calculated.

The price may also change due to variations related to transport cost, taxes or exchange rate. Even in this case, the price stipulated in the contract cannot be increased in the 20-day run-up prior to departure date.

We also have legal rights if the package holiday booked is significantly changed prior to departure. In such circumstances, we may cancel the holiday and claim a refund of the money we paid.

We may also be offered a substitute package of similar, lower or higher value. However, it is completely up to us whether or not to accept the substitute package offered.

Changes to the booked holiday may also occur while we are holidaying. In this case, should a significant change occur, we are, first of all, entitled to suitable alternative arrangements at no extra cost, and where applicable, to compensation.

The financial compensation applies when there is a difference in value between what we paid for and what we actually got during the holiday. Besides the proportionate compensation, we may also be entitled to seek refund of any extra money spent as a direct result of discrepancies with the original package.

Financial compensation may also be claimed for moral damages – for the inconvenience or stress we had to go through due to the shortcomings we encountered during our holiday.

If, however, the change was beyond the travel agency’s control, legally no compensation can be claimed. For instance, the agency cannot be held responsible for any change in plans or cancellations due to bad weather, strikes or unavoidable breakdowns. The travel agency is also not liable to provide us with a refund if it is us who decide to cancel the holiday.

When problems arise during a package holiday, it is imperative we complain immediately and try to sort out the problem right away. If an immediate solution is not possible, the complaint should be put in writing. It is also advisable to collect and keep all evidence and documents relevant to the complaint for future usage.

The next step is to file a complaint with the travel agency or tour operator and claim compensation. It is important to make reasonable claims and not demand anything we are not entitled to.

If we do not manage to reach a solution with the travel agency, we should file a complaint with the Consumer and Competition Department for mediation and amicable settlement.

customer@timesofmalta.com

odette.vella@gov.mt

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