Good things come in holiday packages -- if they're bonded
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You may have already booked a package holiday, or are just back from one. Or perhaps you are thinking of availing of one of the many great offers out there. But did you know that consumer law protects you when you buy a package holiday?
So if you are booking a package holiday, either abroad or within Ireland, what should you be looking out for in the brochure; what will happen if you need to cancel and what should you do if, when you arrive at your destination, it all goes horribly wrong? This week Smart Consumer tells you all you need to know.
Firstly, under the terms of the Package Holidays and Travel Trade Act 1995, a package holiday is defined as being a mixture of at least two of the following: flights; accommodation; other tourist services such as guided tours. It doesn't have to be abroad, as long as the deal you buy contains at least two of these things.
Make sure you choose a licensed and bonded travel agent so that you will be covered if they go bust. Then take a look at the brochure.
The information should not be misleading, so all descriptions given should be spot-on. The legislation states that you must be provided with the following information in the brochure: destination and dates; transportation arrangements; type, location and description of accommodation; itinerary and meal plan; price and payment terms; any tax and compulsory charges; other essential information including passport and visa requirements and health formalities.
Remember to also check out the page or two at the back of the brochure with terms & conditions.
Here you will find information on cancellation, so do read this part very carefully. Usually if you cancel you will forfeit your deposit but what if you have paid for the full holiday?
In that case, how much you lose will depend on the small print. Generally the longer time there is to go until the holiday the less you lose and the terms will outline a sliding scale in percentages of what you can expect to pay if you cancel.
If you have to cancel, remember to check your travel insurance to see if you can make a claim for any money lost.
The travel agent will require you to buy travel insurance but it does not have to be from them.
Instead shop around to get the best deal but do bear in mind that the agent may charge a small fee for checking it.
Before you travel, there is a chance the agent or tour operator will contact you to say that the accommodation is not available.
This means they are seeking to change a term of your deal and you are free to disagree and get a full refund.
If you agree to the changes you are entitled to a replacement package of equivalent or superior quality or a lower grade package and to recover the difference in price between the two.
If the agent tries to change the price before you travel, this is only allowed more than 20 days before departure and only then in very specific situations such as variations in the price of fuel or currency fluctuations.
Once you arrive, fingers crossed everything will be perfect.
But if what you see in front of you is not what you were promised, then you have a valid complaint.
For example, if you asked for the accommodation to be suitable for children and it isn't, or if the location was described as being a five-minute walk from the sea and instead it's five miles away, that's not on.
If the worst happens then here's what you should do:
- Complain immediately to the holiday rep, seek alternative accommodation or some other solution.
- Fill out a complaint form (the rep should have one).
- If the problem cannot be sorted out when you are there, then you should complain in writing to the travel agent within 28 days of your return.
- Add any relevant photos to your complaint letter and a copy of the complaint form to show that you tried to resolve the problem.
- You will not be entitled to get a full refund but instead calculate the cost of the holiday per day and the level of dissatisfaction or discomfort suffered and go from there.
- If the travel agent doesn't offer you compensation or has tried to give you a very small amount, take a small claims action against them.
