In a few weeks’ time many of you will start packing your luggage to get away from your daily routine and spend a few days of relaxation in a foreign country.
If the package is changed during the holiday then you can claim compensation- Odette Vella
However, to be able to do this you need to start thinking where you would like to go, how much money you intend to spend and also what kind of holiday you want to buy.
If you intend to buy a package holiday – a pre-arranged holiday that consists of at least two of the following: travel; accommodation or a tourist service or activity, such as an excursion.
There are regulations that protect your purchase, namely the Package Travel, Package Holidays and Package Tours Regulations.
These regulations impose on travel agents and tour operators the responsibility to provide to their customers specific information on the package holiday and must also make sure that the information provided is neither false nor misleading.
The sales contract regarding the package holiday should provide you with useful and necessary information: destination and mode of transport; itinerary; location and category of accommodation; meal plan, if any; passport and visa requirements; price and payment schedule; tax or compulsory charges; and cancellation arrangements, where a minimum take-up is required for a package holiday to take place, and a deadline to inform the consumer in the event of cancellation.
If a package holiday is cancelled, customers need to be informed about arrangements for security for the money paid and, if applicable, for repatriation of the consumer; contact details of the tour operator or travel agent in case of difficulty; complaints procedure for the consumer if the tour operator fails to carry out its part of the contract; and any special or exceptional requirements asked for by the consumer that were accepted by both parties to the contract.
You also have specific rights if the travel agency changes an essential part of the holiday and informs you about it after the holiday is booked and the deposit paid.
If the changes are major, for example, the hotel is changed and not of the same standard as the one booked, or the itinerary is very different, such changes may be considered as a breach of contract.
In such situations, you have to be notified as soon as possible and should be offered the possibility to choose an alternative package or a full refund should you decide to cancel the holiday completely.
If, however, the package contract is changed during the holiday, then you can claim compensation for any discrepancies with the original package.
The only situation where the travel agency cannot be held responsible is if plan changes or cancellations are due to extraordinary or unavoidable circumstances.
The travel agency might have to cancel the holiday in full. In these rare circumstances you should be offered one of the following options: a substitute package of equal or superior quality; or a lower quality package and a refund for the difference in price; or a full refund.
The Package Travel Regulations also state that the package organiser cannot modify the price indicated in the contract unless the charges relate to transport costs, taxes or the exchange rate. In any case, the price in the contract cannot be increased 20 days prior to the date of departure.
If things go wrong while you are on holiday, you should report the problem at once to the package holiday organiser. The organiser should be given the opportunity to remedy the situation at no extra cost.
If the problem remains unresolved or you are not satisfied with the way your complaint was handled, you should make your complaint in writing and gather as much evidence as possible to support your case.
If you incur extra expenses during the holiday because of a breach of contract, such as unexpected travel costs, eating out, replacement clothing, medical fees, and so on, it is essential to present receipts or bills as proof of your claim.
When you arrive back home, you should immediately contact the travel agency and submit an official complaint. At this point, you should also clarify the type and amount of compensation you are expecting for the problems and hassle you went through during your holiday.
If your request for compensation is rejected by the package organiser or you are offered less than what you requested, you may file a complaint with the Office for Consumer Affairs.
odette.vella@mccaa.org.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.