When we purchase a package holiday from a travel agency, we legally have the right to expect that the holiday is exactly as promised.When we purchase a package holiday from a travel agency, we legally have the right to expect that the holiday is exactly as promised by the agency and as described in the promotional brochure given to us.
In fact, travel agencies are legally obliged to provide us with all the information about the package. This should include the price of the package holiday, including taxes and any compulsory charges, the type of accommodation, itinerary, meal plan and a detailed description of the excursions, when these are purchased as part of the package holiday.
Sometimes, after we finalise the purchase and pay for the holiday, we are contacted by the travel agency to inform us that they need to change a few things. These changes may concern the hotel where we are booked or the excursions’ programme. When this happens, we should look carefully at what we are being offered and think about whether we are happy to accept the alternative arrangements or not.
We should also remember that the law gives us specific rights when the change in the holiday is a major one. In fact, if we are informed about the change prior to departure we should be offered one of the following solutions: to take a substitute package of equivalent or superior quality if such possibility is offered; to take a substitute package of lower quality if this is offered and to be refunded the price difference by the holiday organiser; or to be refunded in full as soon as possible for the package holiday that has been cancelled.
The law gives us specific rights when the change in the holiday is a major one
If a significant change to the holiday occurs after departure, we are entitled to suitable alternative arrangements and, where applicable, to compensation. If the alternative arrangements are of a lesser value than the ones originally booked, we are first of all entitled to a proportionate compensation.
We may also be entitled to seek a refund of any extra money we spend as a direct result of the discrepancies with the original package. Financial compensation may also be claimed for moral damages and for the inconvenience or stress we had to go through due to the shortcomings we encountered during our holiday.
If, however, the change in holiday 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, natural disasters, strikes or unavoidable breakdowns. The travel agency is also not liable to provide us with a refund if it is we who decide to cancel the holiday.
Should we not manage to reach an acceptable solution about alternative arrangements offered, we should formally complain in writing with our travel agency.
If the holiday problem cropped up during the holiday, it is important we complain while we are still on holiday. If we do not give the organiser a chance to sort things out, it might affect any claims for compensation we make.
If we are not happy with the solution offered to us by the agency, we may proceed by filing a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority for mediation and amicable settlement.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.