Consumers have the right to the package holiday they book through a travel agency, as agreed in the contract of sale.
If it isn’t, the agency responsible for the holiday must sort out any problems and, where applicable, provide compensation.
Changes to holidays may occur before the date of departure or during the holiday. Whether or not consumers can do anything about the changes imposed on them very much depends on whether these changes are legally considered major ones or not. In other words, how are these changes going to affect consumers?
The Package Travel Regulations do not specifically say what is meant by a major change. For instance, if the holiday organiser changes hotel and books his clients in another one of the same standard within the same location, this is not considered a major change. If, however, the agency changes the holiday date or destination, these are considered to be major changes.
When there is a significant change to a booked holiday, consumers should be offered one of the following solutions:
• to take a substitute package of equivalent or superior quality (if this is offered;
• to take a substitute package of lower quality and be refunded the difference in price by the organiser;
• cancel the holiday and be refunded all the money paid;
Consumers should be aware that once a holiday is booked and confirmed, a tour operator can only increase the cost if all of the following conditions are met:
• it is more than 20 days before departure date;
• booking conditions mention surcharges;
• increase is due to an increase in transport costs, fees or taxes or a change in the exchange rate.
For changes to holidays that occur after departure, consumers are entitled to suitable alternative arrangements and, where applicable, to compensation.
For instance, if consumers can’t stay at the hotel booked because it is overbooked, the travel agency must provide alternative accommodation of the same standard or better. Consumers should not have to pay for any changes the organiser makes. If the hotel consumers are moved to is more expensive, the organiser should pay the difference. If the alternative arrangements offered result of a lesser value than the ones originally booked, consumers are entitled to a proportionate compensation.
Consumers may also seek refund of any additional expenses incurred as a direct result of the discrepancies with the original package. Financial compensation may also be claimed for moral damages, i.e. for the inconvenience or stress consumers had to go through due to shortcomings encountered during their holiday.
If consumers are not happy with the alternative arrangements offered by the travel agency, they should complain immediately while still on holiday.
If the travel agency is not given the chance to sort things out, this might affect any claims for compensation by consumers.
When no agreement on compensation or remedy is reached, consumers must make their complaint in writing and contact directly the travel agency once the holiday is over.
When consumers are unhappy with the solution offered to them by the agency, they may proceed with registering a complaint with the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority for mediation and amicable settlement.
Changes to package holidays due to circumstances beyond the travel agency’s control are not covered by law and hence no compensation can be claimed.
The agency cannot be held responsible for any change in plans or cancellations due to bad weather, natural disasters, strikes or unavoidable breakdowns.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.