Holidays are meant to be relaxing and enjoyable. The last thing we want to have during holidays are problems concerning, for instance, hotel accommodation, car rental or excursions purchased. Unfortunately, sometimes we have to face such problems and so it is important that we are aware of our rights and what we need to do to make sure we get the remedy or compensation we are entitled to.

When we purchase a package holiday – a combination of at least two different types of travel services for the purpose of the same trip or holiday, such as transport and accommodation – our purchase is covered by the Package Travel and Linked Travel Arrangements Regulations, which provide us with specific rights.

One of these is the right to request a remedy from the organi­ser responsible for the performance of the travel services included in the package when something goes wrong. The regu­lations oblige the organiser to remedy any lack of conformity with the original package through alternative arrangements, unless it is impossible for the organiser to remedy the problem or if to do so entails disproportionate costs on the organiser.

In a situation where the alternative arrangements proposed by the organiser are of a lower value than the services originally booked, then the organiser must provide proportionate compensation. For instance, if a paid excursion is cancelled, the holiday organiser must either offer us an alternative excursion of equivalent value or issue a proportionate or full refund.

It is important we make our complaint in writing

If the organiser is unable to provide a remedy, or the re­me­dy offered is not acceptable, consumers may make alternative ar­rangements and request a re­fund of the additional costs incurred.

When after complaining to the holiday organiser, the problems encountered are not resolved satis­factorily, it is important we make our complaint in writing while we are still on holiday. It is also advisable to collect all documents related to the complaint, and also any other supporting evidence, such as photos, statements from other holidaymakers, and receipts of 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 any discrepancies and shortcomings.

We must, however, keep in mind that financial compensation does not apply when the lack of conformity is due to unavoidable and extraordinary circumstances beyond the holiday organiser’s control.

If after officially complaining with the holiday organiser we are not offered an acceptable compensation for the shortcomings and problems encountered, then our next step is to file a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority to start the conciliation process.

If through the authority’s intervention the dispute is not resolved, then we have the possibility to submit a claim to the Consumer Claims Tribunal if the package organiser is locally based. On the other hand, if the holiday organiser operates from another EU Member State, we can then seek the assistance of the European Consumer Centre Malta.

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

odette.vella@mccaa.org.mt