Package holiday bookings: rights and responsibilities

Consumers who choose to use a tour operator to organise their holiday have specific rights and responsibilities.

First and foremost, package holidays should be as described and advertised. Every aspect of the holiday should be exactly as promised during the sale.

Travel arrangements, such as excursions, should be well organised so that consumers do waste precious time or fail to visit places they had planned to go.

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

If any information provided proves to be false or misleading, then consumers are entitled to compensation.

On the other hand, consumers have the responsibility to carefully read the terms and conditions of the holiday they plan to book, as these are the basis of their contract with the tour operator.

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

If problems involving significant changes to the package booked arise before the date of departure, then consumers can either accept an alternative package holiday offered by the tour operator, or cancel the holiday and claim a refund of any money paid.

Consumers may also be entitled to financial 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, consumers 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 any money paid by the consumer if the consumer who changed his mind and cancelled the holiday.

The regulations also state that 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 in the contract cannot be increased during the 20 days prior to the date of departure.

When problems arise before or during a package holiday, consumers should first check the booking conditions to make sure they have a valid complaint.

Moreover, before complaining, consumers must be certain the problem was the responsibility of the tour operator.

If this is the case, then the tour operator’s representative should be immediately notified and preferably the complaint is put in writing.

Should the problem not be resolved during the holiday, then it is advisable to collect all documents relevant to the complaint, and once back to Malta file an official complaint with the travel agency immediately.

Consumers should also make it clear how much they are claiming. However, it is important to not demand something one is not entitled to.

If the complaint is denied or the tour operator offers less than the consumer asked for, then the next step is to file a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority, for mediation and amicable settlement.

customer@timesofmalta.com

odette.vella@gov.mt

Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.