Q: I bought a tour from a local travel agency and, unfortunately, it was not as promised at the time of purchase.

First of all the tour’s programme was changed drastically. The whole group experienced long delays due to bad organisation, and also the dates when we had to visit specific places were changed. We also had to travel by coach much more than we were told when we were given the information.

The hotel we stayed in was also different than what was promised. It was not the four-star hotel advertised but a dilapidated three-star hotel. Finally, we were promised a breakfast on our last day, before flying back to Malta, but once again, due to bad organisation, this breakfast never materialised.

What kind of compensation am I entitled to in such a situation?

A: The Package Travel Regulations stipulate that if a significant change to the holiday booked occurs after departure, consumers are entitled to suitable alternative arrangements and, where applicable, to compensation.

If the alternative arrangements result in a lesser value than what was originally booked, such as in your case – being placed in a three-star hotel when you paid for four-star accommodation – you are entitled to a refund of the difference in price.

If you incurred extra costs as a direct result of the discrepancies with the original package, you may request a refund of these expenses.

Financial compensation may also be claimed for moral damages, for the inconvenience or stress you had to go through due to the shortcomings you encountered during your holiday. If, however, the change in the package holiday was beyond the travel agency’s control, legally no compensation can be claimed.

For instance, the agency cannot be held responsible for any change in plans due to bad weather, strikes or unavoidable breakdowns.

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