If we are planning to buy a package holiday for the upcoming summer holidays, we should be aware that by law we have the right to expect that our holiday is as described and promised to us by the travel agency. So, it is important that we carefully read how the package holiday is described in the brochure.

Travel agencies have a legal obligation that the information they provide in the brochure is comprehensible and not misleading. The brochure should provide accurate information on all aspects of the holiday: destination, means of transport, type and level of accommodation, meal plan, total price including any taxes or compulsory charges and also whether a minimum number of people are required for the package to take place.

Before booking the holiday, we should also be provided with information on the method of payment, a detailed description of the excursions when these are purchased as part of the package holiday, with information on the costs involved if we cancel the booking, information on the importance of buying an insurance policy to cover the cost of cancellation or in the event of accident or illness or loss of valuable items while abroad and any other special requirements we communicated to the organiser and agreed on.

All this information is important because if the holiday doesn’t match the description given, we will have proof of what we were promised by the travel agency and will be entitled to claim compensation.

Regulations also stipulate that once a deposit is paid and the sales contract concluded, the tour operator can no longer modify the price – unless the contract clearly states that there is a possibility that the price may increase or decrease and also states precisely how the revised price is to be calculated.

The price may also change due to variations related to transport costs, taxes or exchange rate. When this happens, the price stated in the contract cannot be increased during the 20 days prior to the date of departure.

If there is an essential change in the holiday’s programme before the date of departure, the regulations say that we should be offered an alternative package holiday. We are, however, not obliged to accept the different holiday and instead we can opt to cancel the booked holiday and be fully reimbursed.

Changes in the holiday booked may also take place while we are on holiday. When this happens and the change is a significant one, the law obliges the organiser to provide alternative arrangements at no extra cost to consumers.

Financial compensation applies when there is a difference in value between what consumers paid and what they got during the holiday. As consumers, we may also be allowed to claim refund of any extra money spent as a direct result of the discrepancies with the original package. Financial compensation may also be claimed for the inconvenience or stress we had to go through due to the shortcomings encountered during our holiday.

If, however, the change in the package holiday was beyond the travel agency’s control, legally no compensation can be claimed. For instance, the agency is not liable for any change in plans or cancellations due to bad weather, strikes or unavoidable breakdowns.

When problems arise during a package holiday we consumers have the responsibility to complain immediately and to try to solve the problem while we are still on holiday. If the problem is not resolved within a reasonable time then our complaint should be put in writing and we should give a copy of the complaint to the agency’s representative. It is also advisable to collect and keep all evidence and documents relevant to the complaint for future reference.

Once back to Malta we should contact the travel agency and file a complaint. It is important to make reasonable claims and not demand something we are not entitled to. If our complaint is denied or the travel agency offers less than what we request, our next step is to file a complaint with the Office for Consumer Affairs.

odette.vella@mccaa.org.mt

Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.

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