Upon booking a holiday, we naturally expect to spend some days away from stress and that our holiday runs smoothly, as planned and promised by the organisers. Unfortunately, we do not live in a perfect world and sometimes things go wrong. When this happens, we should be aware that we have rights and we should also know who is responsible for providing us with a solution or compensation.
If, during a holiday, we come across a specific problem, we need to complain immediately to try and resolve it. We must first identify who is responsible and address our complaint them. For instance, if the problem we are faced with concerns our lodging, if we booked the hotel online, then we need to complain directly with the hotel’s management and request either a solution or compensation. If, on the other hand, the hotel was booked as part of a package holiday through a travel agency, then we should complain directly with the agency or its representative.
The Package Travel Regulations give consumers the right to claim compensation for a specific part of the holiday that goes wrong or results different to how it was promised by the travel agent.
In these situations, we must inform the travel agency as soon as we detect the problem. If the problem cannot be sorted out within a reasonable period of time, then the agency should make alternative arrangements or compensate us for the shortcomings suffered during the holiday. If a paid excursion is cancelled, the travel agency must offer us an alternative excursion of the same value or issue us with a refund.
The Package Travel Regulations also allow us to claim compensation for additional expenses because of the problems encountered during the holiday.
When holiday problems are not satisfactorily resolved while we still on holiday or we are unhappy with the alternative arrangements, at this point our complaint should be made in writing.
It is also advisable to collect all documents related to the complaint and any other supporting evidence, such as photos, statements from other holiday makers, and receipts of additional expenses where applicable.
The contract of sale of the package holiday should also be kept handy and presented with the complaint as proof of any discrepancies and shortcomings.
As soon as we get back home, we should immediately contact the tour operator and file a formal complaint. We should send the agency copies of our evidence, explain what went wrong and the amount of compensation we are expecting.
Our request for compensation should be fair and reasonable. If we are not happy with the agency’s response and do not manage to reach an agreement, 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. If we don’t manage to resolve the problem and get the desired compensation through mediation, we may then submit our case to the Consumer Claims Tribunal.
odette.vella@mccaa.org.mt
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.