If our holiday has been planned and purchased from a travel agent, it should be exactly as promised.

Summer is round the corner and the much-waited summer holidays are only a few days away.

If we’re planning to spend a few days abroad, it is important that we organise our trip well and also take a number of precautions to avoid facing unnecessary problems. We should also be aware of our legal rights should a problem with our holiday crop up.

If our holiday has been planned and purchased from a travel agent, it should be exactly as promised. Should any of the information given to us result false or misleading, the Package Travel Regulations give us the right to claim compensation.

It is our responsibility as consumers to read and understand the information we are given about the holiday.

Ideally, this should be done before booking a holiday. We should also read carefully all information related to payment and cancellations.

If, prior to travelling, a problem crops up and we cannot continue with our holiday plans, the terms and conditions regarding cancellation will usually guide us as to where we stand financially.

Purchasing a travel insurance policy will cover us in case of unforseen circumstances and reimburse us the money paid should we be unable to proceed with our holiday.

An insurance policy would also come handy if our luggage is delayed or lost and we need to purchase essential items such as clothing and toiletries.

By purchasing an insurance policy, we would also be covered in case of needing emergency medical treatment. Lost or stolen items and money are also usually covered by a travel insurance policy.

Before going on holiday, we may be informed by the travel agency that a few aspects of the holiday needed to be changed.

If the change is a significant one, such as the hotel is different and does not offer the same facilities as the original one, or the itinerary is significantly altered, such changes may be seen as a breach of contract.

In such situations, we have to be notified as soon as possible and should be offered the possibility to cancel the booking and get a refund of what you paid back.

The only situation in which the travel agency cannot be held responsible is when the change in plans or cancellations are due to extraordinary or unavoidable circumstances.

The Package Travel Regulations also state that the package organiser cannot modify the price in the contract unless charges relate to transport costs, taxes or the exchange rate. In any case, the price stated in the contract cannot be increased during 20 days prior to the date of departure.

Once we actually go on holiday, we should always remember that if the holiday package is different to that agreed with the agency, it is our responsibility to complain immediately. Some problems may actually be fixed during the holiday.

If this is not the case, while we are still on holiday it is advisable to put the complaint in writing and collect all documents and evidence relevant to the complaint.

If we incur extra expenses on the holiday because of a breach of contract, such as unexpected travel costs, eating out, replacement clothing or medical fees, it is essential to get the receipt or bills to back any refund claims.

Once back home, we should contact the travel agency and submit our complaint. When making our claim for compensation, we should remember that, legally, we are entitled to claim compensation for any loss suffered and 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 significant inconvenience due to the shortcomings of the holiday.

odette.vella@mccaa.org.mt

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