When we book hotel accommodation for a holiday through an agency, it must be exactly as described and promised by the tour operator or travel agent. If we do our booking online or directly with the hotel, the hotel must be as described and advertised on the website.
For example, if the hotel rooms are described as having air conditioning and a mini-bar, but during our stay the air conditioning does not work or the room does not have a mini-bar, we have a good reason to complain.
When we book a package holiday, each and every part of the holiday must be exactly as described and advertised. Such holidays are usually promoted and sold through brochures. Everything that is written in the brochure is part of our contract with the agency.
So if something during our holiday doesn’t match the description in the brochure, it would be a breach of contract and we would be entitled to claim compensation.
For instance, we would be entitled to claim compensation if we have booked and paid for a five-star hotel but we are put in a four-star hotel.
Another common complaint regarding accommodation concerns the hotel location. We may, for instance, be promised a central hotel, but when we get there we may find it is not so central after all.
If we are not given what we are promised in the brochure, we are entitled to complain and we should do so straight away.
Problems with accommodation should be reported and complained about while we are still on holiday. If we have booked directly with the hotel we should complain to the hotel’s management and request an immediate solution.
In case of a package holiday, if a tour leader is accompanying us on our holiday, we should address our complaint to the leader. In the absence of a tour leader we should contact the travel agency directly.
If we do not give our travel agency the possibility to resolve things while we are still on holiday, it might affect our claim for compensation when we eventually lodge our complaint.
If the hotel or travel agency offer us a solution or compensation while we are still on holiday, before accepting, we should keep in mind that if we accept, we cannot change our mind.
So we should not accept any form of compensation unless we are completely satisfied with the solution offered.
If a problem is not resolved while we are still on holiday, it is advisable to put our complaint in writing, and also collect all documents relevant to the complaint and any proof that may strengthen our case, such as photographs and videos. We should then take our complaint to the travel agency where we booked the holiday.
The amount of compensation that we claim should reflect the seriousness of the shortcoming/s suffered. The larger the discrepancy between what was promised when booking the holiday and what we actually got, the bigger should be the compensation claimed/offered.
In our letter of complaint we should clearly state the amount of compensation we are requesting. However, it is important that we do not exaggerate in our claim, or demand something we are not entitled to.
If our complaint is denied, or if the trader offers less than what we requested, and this is not acceptable to us, then our next step is to file a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority, for mediation and amicable settlement.
If we have booked the hotel online, and we do not manage to solve the problem directly with the hotel, then if the hotel is in an EU member state, we can file a complaint with the European Consumer Centre Malta for mediation and amicable settlement.
odette.vella@mccaa.org.mt
Ms Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.