We all look forward to a stress-free holiday that is unforgettable for the right reasons. Alas, sometimes our dream getaway is not as ideal as we hope it would be. As a result, we may end up disappointed and stressed.
Some of the most common holiday problems we may encounter include delayed or cancelled flights, lost luggage, accommodation mishaps or misleading package holidays. Fortunately, consumer legislation protects holidaymakers from these type of problems through means of redress and adequate compensation.
Delayed or cancelled flights
If we experience a long delay with our flights or it is cancelled, EU Regulation 261/2004 mandates monetary compensation that varies according to the distance of the flight and the length of the delay. Compensation does not apply in case of flight cancellations and delays caused by extraordinary circumstances beyond the airline’s control. Air passengers are, however, always entitled to a choice between a refund or rerouting when flights are cancelled or delayed by over five hours. Visit here for further details.
Delayed, lost or damaged luggage
Another problem we may encounter is arriving at our destination only to find out that our luggage did not arrive with us or that it arrived damaged. In both these situations the airline is legally liable for damages.
In case of delayed baggage, the airline must cover the cost of passengers needing to buy essential items. So if we need to buy certain essential items to replace those we had in our luggage, we may claim a refund of these expenses from the airline. It is important that any such claims are supported by relevant receipts.
Damaged luggage must also be compensated by the airline. In this case, it is important that we report the damage while we are still at the airport upon our arrival and that we are given a copy of our report.
In case of lost luggage, if it does not arrive within 21 days after reporting it lost with the airline, we can claim compensation of the entire value of the luggage from the airline.
In all the above situations, we are responsible to compile a Property Irregularity Report (PIR) at the airport. Every airline has its own PIR form and procedures as to how a report is to be made.
Accommodation issues
Problems with hotel accommodation are not uncommon. While it not unusual for a hotel to look different in reality than it is advertised on a brochure or website, there may also be other shortcomings, such as problems with the cleaning service or the hotel’s facilities.
In such situations, if you booked the hotel yourself you would need to complain directly with the hotel’s management and any compensation has to come directly from the hotel. On the other hand, if the hotel is booked as part of a package holiday, any shortcomings must be reported to both the hotel and the travel agency through whom you booked the holiday. If the problems encountered remain unresolved, you should claim from the travel agency a proportionate and adequate compensation for the shortcomings incurred.
If a paid excursion is cancelled, the travel agency must either offer travellers an alternative excursion of the same value or give them a refund
Package holiday problems
When booking a package holiday, travellers have the right to expect the holiday to be provided as described in the sales contract. The Package Travel and Linked Travel Arrangements Regulations give consumers the right to claim compensation for that part of the holiday that goes wrong or if the holiday turns out different than the way it was promised by the travel agency.
For instance, if a paid excursion is cancelled, the travel agency must either offer travellers an alternative excursion of the same value or give them a refund. If the alternative arrangements are of a lesser value than the one originally booked, the travellers are entitled to a proportionate compensation.
Travellers may also seek a refund of any additional expenses incurred as a direct result of the discrepancies with the original package. Financial compensation may also be claimed for the inconvenience or stress suffered due to the holiday’s shortcomings.
If holiday problems are not satisfactorily resolved while travellers are still on holiday, or if they are not happy with the alternative arrangements, they should make their complaint in writing. It is also advisable to collect all documents related to the complaint, and any other supporting evidence, such as photos, statements from other holidaymakers, 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.
Registering a complaint
If complaining with the travel agency is insufficient to resolve the dispute, the next step is to file a complaint with the Office for Consumer Affairs at the MCCAA which will seek conciliation and a possible amicable settlement. Any complaint should be supported by documentation that proves the validity of the claim.