When booking a holiday, it is important to use a tour operator that is bonded or a member of the Irish Travel Agents Association. Such operators display a bonded notice, number or logo in their brochures.
Travellers should be very specific about their needs relating to the type of resort and standard of accommodation. Never rely on the brochure alone.
"Ask as many questions as is necessary until you are satisfied that your needs will be met. Read through the terms and conditions in your contract carefully before signing," says the recent issue of Consumer Watch, newsletter of the European Consumer Centre.
Preparation should also include taking out travel insurance. Many package tour operators refuse to sell to customers without some form of travel insurance. Although you are not obliged to take insurance offered by the operator, they may charge a fee for comparing your policy with their own. Most operators will waive the fee if the customer expresses dissatisfaction with such a payment.
Read the contract: Many consumers fail to read the small print in their legally binding contract with the tour operator. In addition to the type of accommodation provided, the contract usually specifies the complaint procedure which must be followed. Unfortunately, your case will be weakened if you haven't taken all precautionary measures.
However, if the operator alters their side of the contract - the price or accommodation for example, the customer must be notified as soon as possible. The customer then has a right to a replacement package of equivalent or superior value. They may also take a lower grade package and recover the difference in price or they're entitled to a full refund.
Be realistic: Many package holiday disputes result from unrealistic expectations on the consumer's behalf. Although you should get your money's worth, a bargain price will not result in five-star accommodation. However, it is also unacceptable for a room to be unhygienic or less than what was described by the marketing material. A recent case in the Small Claims Court found against a package holiday operator when the judge declared that a couple's holiday accommodation was not suitable for a dog.
Know your rights: Under an EU directive, the Package Holiday and Travel Trade Act, 1995, travel agencies may under no circumstances add clauses disclaiming liability for the inaccuracy of descriptions and photographs. "The descriptive information contained in the brochure is an integral part of the contract. This means that the organiser or agency is liable if the services provided do not match what is in the brochure," says the European Guide to the Single Market published by the European Commission.
Take immediate action: If something is unsatisfactory when you arrive at the destination, complain immediately to the agency's local representative. It is up to them to rectify the situation. If it is not solved to your satisfaction, make a copy of your written complaint and if possible have the representative write, sign and date their response.
Documentation of the complaint will be important when approaching the tour operator so take photos or video of the problem. If it's a hygiene or illness issue, ask for a manager's or doctor's report.
Consumers have 28 days to send a letter of complaint to the tour operator. A significant number of grievances are received each year by the European Consumer Centre, but consumers' cases are often hampered by lack of documentary evidence backing the operator's alleged breach of contract.
Look into other complaint options: If satisfaction is not obtained from direct discussion with the travel agency you have two choices: arbitration or the Small Claims Court. The contract specifies which option is open to you.
Arbitration was the main option up to five years ago, but now most operators have a small claims option in their contracts.
Arbitration is a legal mechanism for resolving complaints. If compelled to go to arbitration by your contract, extra costs will apply. An application for a small claims hearing costs £6 (€7.62). The European Consumer Centre's Small Claims Advice section recommends that actions are taken against both the tour operator and booking agent when a complaint arises.
A free booklet explaining the Package Holiday and Travel Trade Act, 1995 is available from the European Consumer Centre, 13a Upper O'Connell Street, Dublin 1, tel: (01) 809 0600, fax: (01) 809 0601.
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