Various problems may crop up with the holiday we book and purchase. While some problems arise before we actually go on holiday, others surprise us while we are there.

It is good to know what we are legally entitled to in such situations and how to ensure we are given the compensation we deserve.

If an essential part of our holiday is changed before we leave, and we bought a package holiday through a travel agency, the organiser of the holiday is legally bound to notify us about the change as quickly as possible.

In such situations, we should be given the possibility to withdraw from the contract without penalty or to accept the alterations to the holiday and their impact on the price. More specifically, we are entitled to one of these options:

To accept an equivalent or better holiday, if the holiday organiser is able to offer such a holiday;

To accept an inferior quality holiday if the organiser is able to offer such a replacement, and to get a refund for the difference in price; or to get a refund of the money paid without having to pay a cancellation fee.

We may also be entitled to compensation by the organiser for non-performance of the original agreement.

Exceptions to this are situations whereby the package is cancelled because the number of people who book the holiday is less than the minimum number required and we are informed of the cancellation, in writing, within the period indicated in the holiday contract.

Furthermore, upon booking, the agency should have informed us about the possibility of cancelling the holiday if the minimum number of bookings is not reached.

Another case where we cannot claim compensation would be when the package holiday is cancelled due to unusual and unforeseeable circumstances beyond the control of the organiser. This also applies when changes to the package holiday occur while we are on holiday.

When problems crop up while we are on holiday, it is vital we complain as soon as possible with the representative of the travel agency. We should clearly explain the problem and give the agency the opportunity to put things right.

If the problem is not solved there and then, our complaint should be made in writing. Where possible, we should collect evidence of our complaint by taking photographs or make notes of the problem.

We should also keep the receipts of any additional expenses we incur because of the shortcomings suffered. Financial compensation may also be claimed for moral damages; that is, for the inconvenience or stress we had to go through due to the shortcomings we encountered during our holiday.

Furthermore, when a change in the package holiday takes place after departure, we are entitled to suitable alternative arrangements at no extra cost, and, where applicable, to compensation for the difference between the services that were to be provided and those actually provided.

If problems are not resolved while we are on holiday, we should contact our travel agency and ask for compensation as soon as we arrive back home. It is important we make reasonable claims and not demand something we are not entitled to.

If our complaint is denied or the tour operator/travel agency offers less than what we request, our next step is to file an official complaint with the Office for Consumer Affairs for mediation and amicable settlement.

customer@timesofmalta.com

odette.vella@gov.mt

Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.