Consumers who purchase an organised holiday that lasts more than 24 hours or that at least includes an overnight stay, transport and accommodation are legally protected by the Package Travel Regulations. These regulations safeguard consumers against false or misleading information by obliging travel agencies and tour operators to provide clear and correct information on the holiday they are promoting. The information a travel agency provides to consumers should include the total price of the holiday package, inclusive of taxes and any compulsory charges. Prospective consumers should also be informed of the type of accommodation included in the package and the meal plan.

If a minimum take-up is required for the package holiday to take place, this information should also be available at pre-contractual stage. Consumers must also be informed of the cancellation procedure should they decide not to continue with the purchase of the holiday. A detailed description of the excursions included in the package is also a must.

If after a holiday is confirmed, the tour operator cancels it or significantly alters an essential part of it, such as changes one of its destinations or the type of accommodation, consumers must be offered a choice between:

• a replacement holiday of equivalent or superior quality, or

• a lower-grade holiday, with a refund of the difference in price, or

• a full refund.

Should a significant change to the holiday take place while consumers are on holiday, the agency is obliged to make suitable alternative arrangements and, where applicable, provide compensation. If, for instance, the accommodation is of a lower standard than the one promised by the travel agent, consumers would be entitled to the difference in value between the cost of the hotel paid for and the one where they actually stayed during the holiday.

The Package Travel Regulations safeguard consumers against false or misleading information

Besides the proportionate compensation, consumers may also be entitled to seek refund of any extra expenses incurred as a direct result of the discrepancies with the agreed holiday. Financial compensation may also be claimed for moral damages, that is, for the inconvenience or stress consumers had to go through due to the shortcomings encountered during the holiday.

If, however, the need to alter the original holiday arose from an extraordinary circumstance beyond the travel agency’s control, consumers cannot claim financial compensation. For instance, the holiday’s organiser cannot be held responsible for any change in plans or cancellations due to bad weather, strikes or unavoidable breakdowns.

When experiencing problems during a holiday consumers should complain immediately to the agency or its representative and hence give the organiser the possibility to offer an acceptable solution. If, after complaining, no adequate remedy is offered, consumers may ask for compensation for any shortcomings encountered. Consumers are advised to make their complaint in writing and to gather as much evidence as possible to support their case.

If the travel agency rejects the claim or does not offer adequate compensation, consumers may then lodge a complaint with the Office for Consumer Affairs so that conciliation is carried out with the aim of reaching an amicable solution.

Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.

odette.vella@mccaa.org.mt