Q: We have recently returned from a tour in Spain. This tour included a number of excursions but due to problems, we ended up not doing some of the excursions we paid for. When we complained with the travel agency, they offered us a voucher. We would like to know if we are entitled to a cash refund instead.

A: The Package Travel and Linked Travel Arrangements Regulations stipulate that travel services must be provided and performed as per the package travel contract. When this is not the case, the package travel organiser is obliged to provide a remedy to consumers, such as suitable alternative arrangements.

If no remedy or alternative arrangements are offered to consumers within a reasonable time, consumers are entitled to an appropriate price reduction and compensation for any damages incurred as a result of the lack of conformity. However, the financial compensation does not apply if the organiser proves that the lack of conformity is attributable to a third party unconnected with the provision of the travel services or is due to unavoidable and extraordinary circumstances.

Hence, unless the reasons why the tour excursions were not performed as promised was due to extraordinary circumstances, legally you are entitled to claim compensation for the missed excursions. This compensation should be given to you in cash, not in the form of a credit note or voucher.

You should inform the agency that you are not accepting the offered voucher and instead request a cash refund. If your request is denied, you may then lodge a complaint with the Office for Consumer Affairs.

Want to submit your own query? Write to the MCCAA.