When purchasing a holiday we rarely think something might go wrong and that our dream holiday may turn into a disappointing experience. If the problems are not handled the right way, this could completely ruin the holiday.
If the holiday was purchased as a package holiday from a travel agency, as consumers we are legally protected by the Travel Package Regulations.
These give us the right to claim compensation from the travel agent if the holiday is not as promised by the agency or if part of the package holiday goes wrong.
This means we may be entitled to compensation should we face any problems with flight, hotel, or excursions. We may also claim compensation if various aspects of the holiday are not as described in the brochure or any other promotional material supplied by the travel agency.
Moreover, if due to shortcomings, we end up incurring additional expenses we could also claim refunds of such expenses from the travel agency by presenting the relevant receipts. Moral damages resulting from any inconvenience caused by discrepancies may also be claimed.
Any problems that crop up during the holiday should be immediately notified to the travel agency or its representative. Once we complain, the tour operator or their local representatives must make every effort to solve problems. If they do not, or the problem cannot be resolved during the holiday, we are entitled to compensation.
When problems are not solved during the holiday, we should also complain in writing. At this stage it is also advisable to collect documents relevant to the complaint, as well as supporting evidence, such as photos, statements from other holiday-makers, and receipts for 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 discrepancies and shortcomings.
Upon returning home, we should immediately file an official complaint with the travel agency and clarify what we're claiming and why. We should, however, only demand what is fair and reasonable. If the agency offers us a sum of money which we feel does not reflect the distress suffered, or does not completely cover the discrepancies with the original package, we may reject the offer and insist on our claim.
If, within a reasonable period of time, we do not manage to reach an agreement with the travel agency, the next step is to file a complaint with either the Consumer and Competition Department or the Malta Tourism Authority for mediation and amicable settlement.
In case of independent travelling, our legal rights are somewhat different. Should we, for instance, book our hotel online and end up disappointed or dissatisfied with the quality of the room or service rendered, our complaint needs to be made directly with the hotel.
To justify our claims we will need proof of what the hotel promised us. Hence, upon booking, we should ensure we are provided with a detailed description of the goods or services paid for. Having the photos of the rooms advertised may also come handy during such complaints.
As independent travellers we may also face problems related to lost or incorrect booking details. While checking in at the hotel, we may be told there is no record of our booking, or else the price agreed online is different to what is written on the hotel bill.
To safeguard ourselves from such 'misunderstandings' it would be useful to print out the booking confirmation with all the details, including price, and present it at check-in.
Thus, whether we intend to purchase a package holiday from a travel agency or decide to travel independently, the key to an enjoyable vacation is to be informed on our consumer rights and ensure we have tangible proof of whatever we paid for.
Ms Vella is senior information officer, Consumer and Competition Department.
customer@timesofmalta.com
odette.vella@gov.mt