Package travel, holidays and tours

If you are planning to take a tour or to entrust a travel agency to plan and organise your holiday, there are specific regulations that protect you as a consumer when you make such purchases.

To be covered by the Package Travel, Package Holidays and Package Tours Regulations, the holiday must last more than 24 hours or include an overnight stay, and must include at least two of the following: transport, accommodation or a tourist service or activity not directly linked to transport or accommodation, such as an excursion.

When such holiday packages are purchased from a travel agency or tour operator, the seller must make sure there are no problems and that holiday arrangements are exactly as promised and as agreed in the contract of sale.

If not, the seller of the package would be guilty of breaching the sales contract, and hence would be liable to provide redress or compensation.

Upon purchasing a package holiday, the seller is legally obliged to give you a written copy of the contract, which should include:

• the destination of the holiday and its duration;

• the cost of the package holiday, including taxes and any other compulsory charges;

• the type of transport to be used, and departure times and places;

• the location, type and category of the accommodation;

• the meal plan, if it is part of the package;

• itineraries of any excursions included.

If a minimum take-up is required for the package holiday to take place, this information should be included in the contract.

It should also include a description of the complaints procedure if the organisers fail to carry out their part of the contract – such as, by when a complaint should be filed with the agency after the consumer returns to Malta from the holiday.

Furthermore, before you purchase the holiday, the organiser must provide you with:

• general information about passport and visa requirements, including information about the length of time it will take to obtain these documents;

• information on the optional inclusion of an insurance policy to cover the cost of cancellation if you may need to cancel the booking, or to cover the cost of assistance, including repatriation, in the event of accident or illness; and,

• where applicable, health formalities required, such as any special vaccinations.

In the event of the operator going out of business, you have the right to be given information on arrangements for security for the money paid, and where applicable, for repatriation.

In situations where the tour operator cancels your holiday or significantly changes an essential part of the contract before you go on holiday, such as the price or type of accommodation, the holiday organiser is legally obliged to offer you suitable alternative arrangements.

If these arrangements are of a lesser value than the ones originally booked, you are entitled to a refund of the difference in price. A full refund may also be claimed if the alternative arrangements are unsuitable for you.

If changes to the original package occur while you are on holiday, you may also be entitled to a refund of any extra money you had to spend as a direct result of the discrepancies with the original package.

Where applicable, financial compensation may also be claimed for moral damages, that is, for any inconvenience or stress suffered due to the shortcomings encountered during your holiday.

Compensation cannot be claim­ed if the change in the package holiday was beyond the travel agency’s control, such as a change in plans or cancellations due to bad weather, natural disasters, strikes or unavoidable breakdowns.

The price of the holiday cannot be changed within 20 days of the departure date. Before this period of time, the package price may only be increased if there is: (a) a rise in the transport cost, including the cost of fuel; (b) a higher tax or fee chargeable for services, such as landing taxes or embarkation or disembarkation fees at ports and airports; or (c) an increase in exchange rates which apply to your package.

Tour operators and holiday organisers cannot increase prices due to any other increased costs, such as a rise in hotel rates.

As a consumer, you are legally entitled to transfer your booking to another person who satisfies all the conditions applicable to the package. You must, however, give reasonable notice to your organiser in advance of the departure date.

When doing so, you should also keep in mind that you and the other person to whom you transfer the booking are jointly liable for the payment of the balance of the holiday and for any additional costs arising from such a transfer.

Should you have any problems with the package holiday, you should follow the operator’s complaints procedure, which should be outlined in the sales contract.

If you have a complaint during your holiday, you should report it to the organiser or their representative immediately. It is important for you to keep a record of the complaint, especially in situations where it remains unsolved.

When you return to Malta you should file an official complaint with the travel agency.

If your complaint is denied, or the tour operator offers you less than what you request, you should file a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.

info@mccaa.org.mt

odette.vella@mccaa.org.mt

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