Holidays can either be experiences we wish could never end or a nightmare we wish we never had to go through. But who is really to blame when something goes wrong during a holiday?

If bought through a travel agency, we are legally protected by the Package Travel Regulations- Odette Vella

The answer depends on what went wrong and who was responsible for that negative part. If the holiday was entirely self-booked and during the holiday we faced a problem with the hotel because it had various shortcomings, then we need to complain directly with the hotel’s management. When appropriate, in such cases the compensation has to come directly from the hotel.

If, on the other hand, the holiday that goes wrong was bought through a travel agency, with travel and accommodation booked together as a package, then we are legally protected by the Package Travel Regulations.

These regulations give us the right to claim compensation for that part of the holiday that goes wrong, or was not as promised by the travel agency when the booking was finalised.

We may, for instance, claim compensation if we face problems at the hotel, such as if the air-conditioner in the room does not work, or we do not have water in the bathroom.

We may also face problems during excursions, when, for instance, we are not taken to visit specific places which were promised or described in the promotional brochure when booking.

The Package Travel Regulations also allow us to claim compensation for the additional expenses incurred due to shortcomings during the holiday. We can also claim moral damages resulting from any inconvenience we had to suffer and problems we had to face during the holiday.

What we cannot hold the tour operator responsible for are changes in plans and cancellations due to extraordinary circumstances, such as bad weather or unavoidable breakdowns.

The way we deal with problems that crop up determines whether or not our much-longed-for holiday is ruined or not. Knowing what our rights are and what kind of solutions we are entitled to gives us the necessary self-confidence to complain and obtain the deserved solution without unnecessary hassle and stress.

The timing of our complaint is also fundamental. When a problem during a holiday crops up, we are legally obliged to immediately complain with our travel agency or its representative and inform them about the shortcomings we are facing.

When and how complaints should be made must be included in the terms and conditions of the sales contract. Once we complain, the travel agency or its representative must make every effort to solve our problems. If they do not, or the problem could not be solved during the holiday, we are entitled to claim compensation.

When problems are not solved there and then, our complaint should then be made in writing. At this stage, it is also advisable to collect all documents related to the complaint, and also any other supporting evidence, such as photos, statements from other holiday-makers, and receipts of additional expenses where applicable.

The contract of sale of the package holiday should also be kept handy and presented with the complaint as proof of any discrepancies and shortcomings.

Once back in Malta, we should immediately contact the travel agency and file a formal complaint. At this stage it is important to make clear how much we are claiming and the reason why. Our request for compensation should be fair and reasonable. If the agency offers us a sum of money that is less than what we asked for, we may reject the offer and insist on our claim.

If within a reasonable period of time we do not manage to reach an agreement with the travel agency, our next step is to file a complaint with the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority for mediation and amicable settlement. If not successful, our case may be submitted to the Consumer Claims Tribunal.

odette.vella@mccaa.org.mt

Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.