As the holiday season approaches, many people eagerly look forward to memorable vacations. However, this excitement can sometimes be dampened by unexpected holiday problems, such as flight delays or cancellations, lost luggage, accommodation mishaps, and misleading holiday packages. Luckily, consumer legislation protects holidaymakers from these issues by providing means of redress and, where applicable, compensation. Thus, understanding consumer rights is very important to help travellers deal with holiday problems effectively and to ensure their holidays remain enjoyable and stress-free.

Flight disruptions are among the most common holiday problems. Under EU law, air passengers are entitled to financial compensation and assistance if their flight is cancelled or delayed for more than three hours and the delay has not been caused by an extraordinary circumstance beyond the airline’s control. This includes the right to meals, refreshments, accommodation and communication facilities. Air passengers are also entitled to a choice between a refund or rerouting when flights are cancelled or delayed by more than five hours.

Air passengers are entitled to financial compensation and assistance if their flight is cancelled or delayed for more than three hours

Another possible issue travellers may face is arriving at their destination only to discover that their luggage is either missing or damaged. In both situations, the airline is primarily liable.

For delayed baggage, the airline must cover the cost of essential items. Travellers must support any claims with relevant receipts. In the case of lost luggage, if it does not arrive within 21 days after being reported missing to the airline, passengers can claim compensation for the value of the luggage.

Concerning damaged luggage, the airline is also responsible to provide compensation. Passengers are responsible to report any damaged luggage while still at the airport and obtain proof of their report. In all the above situations, travellers have the responsibility to compile a Property Irregularity Report (PIR) at the airport.

Problems with accommodation are also not uncommon. Sometimes, when travellers arrive at their hotel it may look different than on its website. There may also be issues with the hotel’s cleanliness or facilities. If travellers themselves booked the hotel then they need to contact the hotel management immediately and request a resolution. In this case, any compensation must come directly from the hotel.

However, if the hotel is part of a package holiday, any shortcomings must be reported to both the hotel and the travel agency from which the holiday was purchased. If the problems remain unresolved, consumers should seek proportionate and adequate compensation from the travel agency.

Holiday problems may also arise during a professionally organised package holiday purchased from a travel agency. In such cases, the travel agency is responsible for providing a remedy or compensation. When an issue arises, travellers are first responsible to inform the agency or its representative and request a remedy. The holiday organiser is obliged to offer a suitable solution unless it is impossible or entails disproportionate costs for the agency, considering the nature of the problem and the value of the affected travel services.

If the agency cannot resolve the issues or provide suitable alternative arrangements, travellers have the right to make their own arrangements and request reimbursement for any additional expenses incurred. If alternative arrangements are not possible, travellers are entitled to a price reduction proportionate to the value of the services not provided and compensation for any damages incurred due to the shortcomings experienced during the holiday.

When package holiday problems are not resolved within a reasonable time frame, the next step is to submit a written complaint. This provides proof that the issue was reported while still on holiday and that the agency had the opportunity to address it.

Additionally, it is advisable to collect evidence of the problems encountered, such as photos or videos. If the problems led to additional expenses, consumers must retain all relevant receipts as proof. The contract of sale should also be kept handy and presented as evidence of any discrepancies and shortcomings.

If the traveller’s claim for refund or compensation is not resolved by the travel agency or holiday service provider, the next step is to register a formal complaint with the Office for Consumer Affairs at the MCCAA, if the dispute involves a local trader. However, if the holiday organiser or travel services supplier is based in another EU member state, consumers should submit their complaint to the European Consumer Centre Malta.

 

Odette Vella is director, Information and Research Directorate, MCCAA.

 

www.mccaa.org.mt

odette.vella@mccaa.org.mt