We all look forward to a break from our daily routine or stressful job.

For many of us, the best way to relax and have fun is to pack up and go on holiday. So it can be quite disappointing and frustrating if the holiday we so badly need goes wrong, and instead of getting back home relaxed, we feel even more stressed.

To avoid facing any kind of problems while on holiday, it is necessary that we take a number of precautions. It is also useful to know how the law protects us when specific problems crop up.

First and foremost, we should know that when we buy a package holiday, it should be exactly how the travel agent/tour operator promised us when we purchased the holiday.

Any false or misleading representations or descriptions of the holiday, hotel or facilities made by the tour operator or its representatives are covered by the Package Travel Regulations. We are actually entitled to claim compensation if the information provided is inaccurate or misleading.

It is, however, our responsibility, as consumers, to make sure we read and understand the information given to us about the holiday. We should do this before paying any deposits.

We should also carefully read all the information related to payment and cancellations. Should we change our mind or find ourselves in a situation where we cannot continue with our travelling arrangements, these terms and conditions will usually guide us as to where we stand financially.

It is also in our best interest to take out a travel insurance policy as soon as we pay the deposit.

Such insurance will cover us and provide re-imbursement for non-refundable trip payments and deposits if a trip is cancelled because of an illness, death or other specific unforeseen circumstances.

It also provides reimbursement for the purchase of clothing, toiletries and other essential items if luggage is delayed or lost. An insurance policy also covers any emergency medical expenses that might be incurred. Lost or stolen items and money are also usually covered by such a policy.

Sometimes the travel agency needs to change an essential part of the holiday and informs us about this after the holiday is booked and the deposit paid.

If the change is significant, such as the hotel is a different one and not of the same level as the one originally booked, or the itinerary is significantly altered, such changes may be seen as a breach of contract.

In such situations, we need to be notified as soon as possible and should be offered the opportunity to choose an alternative package or a full refund should we decide to cancel the holiday completely.

If, however, the package contract is changed during the holiday, then we can claim compensation for any discrepancies with the original package. The only situation whereby a travel agency cannot be held res-ponsible is when the change in plans or cancellations are due to extraordinary or unavoidable circumstances.

In some instances, the travel agency may have to cancel a holiday in full. In these rare circumstances, we 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 regulations also state that the package organiser cannot modify the price stated in the contract unless the charges relate to transport costs, taxes or the exchange rate. In any case, the price stated in the contract cannot be increased during the 20 days prior to the date of departure.

If things go wrong while we are on holiday, it is important that we complain with the agency’s representative as soon as possible. Hopefully, they can sort out the problem immediately.

If this is not the case, it is advisable to put the complaint in writing and collect all relevant documents and evidence. Whenever possible, we should take photos or video footage of any problems, such as poor accommodation.

If we incur extra expenses because of a breach of contract, such as unexpected travel costs, eating out, replacement clothing, medical fees, and so on, it is essential to get receipts or bills as proof of our claim.

In other words, we should keep the details of whatever went wrong and also collect and keep receipts of any extra costs. We should also try to keep a brief record of the problems, with dates and actions taken, so that we have an accurate account of events on our return.

As soon as we arrive back home, we should contact the travel agency and submit our complaint as soon as possible. At this stage, we should also make clear the type and amount of compensation we want. However, it is important not to ask for something we are not entitled to. What the law grants us is compensation for any loss suffered, for the difference in value between what we were promised and what we actually got. We might also be entitled to moral damages if we suffer a particular inconvenience due to shortcomings.

If our complaint is rejected or the travel agency offers less than what we request, then our next step is to file a complaint with the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority.

customer@timesofmalta.com

odette.vella@gov.mt

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