Sometimes, travel plans do not materialise as we would like them to.

When we plan to go away, we usually dream of a perfect holiday and hope to visit the places we had in mind and get the best value for our money.

However, sometimes travel plans do not materialise as we would like them to. Who is to blame when something goes wrong during a holiday?

It basically depends on what went wrong and who was responsible for the booking of that part of the holiday.

If, for instance, the problem is with the hotel where we are staying and we booked the hotel online, then we would need to complain directly with the hotel’s management.

If, on the other hand, the problematic hotel was booked as part of a package holiday, we would need to first address our complaint to the travel agency representative or communicate directly with the travel agency.

When we experience shortcomings during a holiday, the seller of that part of the holiday must compensate us of any shortfalls in the service provided.

In principle, such compensation should at least amount to the difference in price and value of what was originally booked and what was actually provided.

Legally, we may also claim compensation for any additional expenses we incurred due to the shortcomings experienced during the holiday. We can also claim moral damages resulting from any inconvenience and problems faced.

What we cannot claim compensation for are changes in holiday plans and cancellations due to extraordinary circumstances, such as bad weather and unavoidable breakdowns.

When a holiday problem crops up, it is fundamental that the tour organiser or trader we booked the service with is given the opportunity to provide us with an acceptable solution at no extra cost.

The seller of the part of the holiday that goes wrong must compensate us for shortcomings in the service provided

In case of a package holiday, we are legally obliged to communicate immediately with our travel agency or its representative and inform them about the shortcomings we are facing. When and how such complaints should be carried out must, in fact, be included in the terms and conditions of the holiday package contract.

If, during the holiday, the problem is not resolved, it is advisable that while we are still away, we gather as much evidence as possible to support our case. Pictures, video footage and receipts of additional expenses where applicable will always help.

Furthermore, when holiday problems are not resolved there and then, we should put our complaint in writing. In case of package holidays, the contract of sale should be kept handy and presented with the complaint as proof of any discrepancies and shortcomings. With self-booked holidays, we should present the booking details and the applicable terms and conditions.

Once back home, we should immediately contact the travel agency and file a formal complaint. At this stage, it is important to state clearly how much we are claiming and why.

Our request for compensation should be fair and reasonable. If the compensation offered by the trader is not acceptable, we may reject it and insist on our claim. Should we accept the solution or compensation offered, we cannot change our mind and make a new request for compensation.

If we do not manage to reach an agreement with the trader within a reasonable period of time , then our next step is to file a complaint with the Office for Consumer Affairs within 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.