Package Holidays Booklet

8/6/2019 Package Holidays Booklet

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A

G u i d

e

t o

P a c k a g e

H o l i d a y s



Who are we?The National Consumer Agency is an

independent national agency that was

established by the Irish government under the

Consumer Protection Act 2007.

Our activities incorporate the work that was

previously done by the Office of the Director

of Consumer Affairs (ODCA). We also have

additional areas of focus, which are outlined

below, and we have extensive new powers.

Among other things, these powers allow us to

deal with unfair, misleading or aggressive

commercial practices.

What do we do?Our aim is to provide strong and modern

consumer protection, safeguarding

consumers in Ireland and empowering them to

understand and to exercise their rights.

To achieve our aim, we:

• inform consumers of their rights through

consumer information;

NationalConsumer

Agency

Consumer Helpline LoCall 1890 432 4322

• promote a strong consumer culture in

Ireland through consumer education

and awareness;

• help businesses obey consumer law

through our enforcement activities; and

• represent consumer interests at all levels

of local and national consumer policy

development through targeted research

and forceful advocacy.

Our consumer website, www.consumerconnect.ie,

provides a broad range of consumer-related

information, news, top tips and an email

enquiry service. If you can’t find what you are

looking for on our website, ring our friendly

and helpful advisors on LoCall 1890 432 432.

Our corporate website, www.nca.ie, helps

businesses understand their obligations.

It also provides useful references for the

media and researchers. Further information

is available in our leaflet A Guide To The

National Consumer Agency .



We all look forward to our holidays,

whether it is a short weekend break or

a long trek to somewhere exotic. But

sometimes we end up disappointed.

When this happens we need to knowour rights.

This booklet describes the law covering

‘package holidays’, what information

should be contained in the brochure, and

what to do if things go wrong.

www.consumerconnect.ie 3

a guide topackage holidays

1. What is a ‘package holiday’? 4

2. Where and how is a

‘package holiday’ sold? 4

3. Consumer protection 5

4. Brochures 6

5. What information must be in

the brochure? 6

6. Booking the Holiday 8

7. Paying for the holiday 8

8. What is bonding? 9

9. Cancelling or Transferring a Holiday 10

10. If things go wrong 12



what isa ‘package

holiday’?Under consumer law, a ‘package holiday’ is

defined as a pre-arranged holiday that is

sold at an inclusive price. The duration of the

holiday must be for at least 24 hours (or

include an overnight stay) and has at leasttwo of the following:

• travel or transport;

• accommodation (for example hotel or

apartment); and

• a tourist service or activity (for example

golf or hill-walking) not directly linked to

transport or accommodation, but which

makes up a large part of the package.

However, if you ask a tour operator or

travel agent to organise a trip to meet your

specific needs, this is not regarded as a

package holiday.


The law says that a ‘package holiday’ is a

holiday that is arranged in advance and

includes the cost of the entire holiday. This

means that if you book a flight from an

airline's website and then book youraccommodation from a link on that website,

you are not booking a package holiday as

defined in the Act.

Where and how is a ‘packageholiday’ sold?A package holiday is usually sold by a tour

operator or by a retailer. The tour operator

puts the package together and the retailer(almost always a travel agent) then sells it to

the public. Most package holidays are sold to

consumers by retailers or travel agents or

directly by the tour operator.




Consumer protectionThe legislation governing the sale of package

holidays is called the Package Holidays &

Travel Trade Act, 1995. It is designed to

protect consumers who take packageholidays. It includes package holidays taken

at home in Ireland or abroad. The legislation

covers:

• holidays sold or offered for sale in Ireland;

and

• holidays sold in Ireland by companies

established outside the country.

The law covers the services offered to the

consumer by both the tour operator and the

travel agent.

Under consumer law, the tour operator (not

the retailer) is responsible for providing you

with the package holiday as outlined in your

contract. The legislation covers this when it

says that the tour operator is liable to you“for the proper performance of the

obligations under the

contract, irrespective of

whether such obligations

are to be performed by

the organiser, the retailer

or any other suppliers

of services”.



We often choose our holiday based on the

information in the holiday brochure that the

tour operator (organiser) or retailer provides.

The law says that the information in the

brochure must not be false or misleading.If you enter into a contract based on what

was in the brochure, you can claim damages

if the information is untrue.

What information mustbe in the brochure?The brochure must be clear and easy to

understand and must answer all the following

questions.• how much does the holiday cost?

• what is the destination of my holiday?

• what type of transport will the tour

operator provide to get me there?

• what type of accommodation is included

and where is it located?


• if the accommodation is in an EU Member

State, what is its official rating or tourist

classification under the rules of that

Member State? For example is it class 1,

penthouse suite; or does it have approvalor a tourist classification from the

national authorities?

• what is the meal plan, if any?

• what are the travel routes?

• are there any passport or visa

requirements?

• are there any health formalities – forexample do I need vaccinations?

• how much deposit must I pay when

booking the holiday and when must I pay

the balance of the cost of the holiday?

• can the holiday be cancelled if not enough

people sign up for it? If so, what is the

latest time for telling me that the holiday is

being cancelled?

brochures



• are there any taxes or compulsory charges?

• if the tour operator has no place of

business in the State to which I am going

on holidays, do they have a named agent

in that State?

• what arrangements does the tour operator

have in place in case I need to be

repatriated (return home unexpectedly)?

• is my money secure if the holiday organiser

becomes insolvent (runs out of money)?

The brochure must give consumers accurateand full information. Any advertising or other

information given about the package must

also be accurate. The travel agent may

change the price of the holiday only under

strict conditions, and only when the contract

says the price may be reduced or increased.

The travel agent cannot change the price

within 20 days of your departure date.

The organiser and the retailer are both

responsible for compensating you if you

suffer any damage because:• you relied on information in the brochure;

or

• you relied on any other information that the

organiser or retailer provided that

described your holiday.

Compensation could take into account

your disappointmentat the quality of

the holiday.






Neither the tour operator nor the retailer can

force you to take out the insurance that they

offer. They can fulfil their obligations by

referring you to information contained in

the brochure.

The tour operator must also make clear:

• what arrangements they would make if

you had to return home unexpectedly

(be repatriated); and

• what the ‘bonding’ arrangements are

(see below).

What is bonding?The law requires all travel agents and tour

operators in Ireland to have enough security

so that if they go out of business, your money

and booking are protected.

Operators offering transport from Ireland to

another country must be licensed by the

Commission for Aviation Regulation and

‘enter into a bond’. If they go out of business,

the Commission manages the bond and

assesses your claim for a refund, or arranges

to get you home if you are stranded abroad.

If your holiday starts in Britain or Northern

Ireland and is sold by an operator there

through an Irish travel agent, check with the

agent if there is a bonding system in place if

the operator goes out of business.

If you are booking a package holiday that

does not involve transport from Ireland to

another country, the tour operator must stillhave security in place. Most tour operators

fulfil this requirement by taking out an

insurance policy.




If the operator cancels your holiday or

significantly changes an essential part of

the holiday, including the price or type of

accommodation, they must give you the

following options:• a replacement holiday of equivalent or

superior quality, if the tour operator can

provide this;

• a lower grade holiday, with a refund of the

difference in price, if the operator can

provide this; or

• a full refund.

Tour operators do have the right to cancel

the package due to factors outside of their

control, such as an ‘act of God’ or where

they've failed to get the number of people

required for the package to take place. But

you are still due a refund or replacement

holiday as set out above.


If the operator cancels the package because

they couldn't get the minimum number, that’s

their problem – not yours. They must write to

you telling you within the time outlined in the

contract that they are cancelling the holidayand offer you the choice of:

• an "equivalent or superior" package, if the

tour operator can provide this; or

• a replacement package of lower quality plus

the price difference, if the tour operator can

provide this; or

• a full refund.

cancelling ortransferring

a holiday




Transferring a holiday You can transfer your package holiday to

someone else if you give the operators

reasonable notice. Your brochure or contract

will usually outline how much time you have todo this is. Where the transfer is agreed, you

and the person to whom the holiday is

transferred are jointly responsible for paying

the balance owed on the holiday and for any

other reasonable costs involved.



• if you are still not satisfied when you

return home, write to the operator with

your complaint within 28 days. If they do

not respond within a reasonable time, send

a second letter of complaint.

• if you are still not satisfied and your claim

is for not more than €2,000, you can take

the complaint to the Small Claims Court

(for a fee of €9 ). Most package holiday

contracts state that claims above this limit

may be pursued through arbitration. Check

your contract for information on this.

While the National Consumer Agency

cannot act on behalf of an individual we

will investigate cases of misleading

advertising in package holiday brochures

or inadequate information given to the

consumer before departure.


Remember, the tour operator must provide the

consumer with the holiday as outlined in the

contract, including the services provided as part

of the contract but by other suppliers. If you

have a complaint while on holiday you shouldfollow the complaints procedures

outlined in your holiday contract’s terms

and conditions.

• report the problem at once to your local

holiday rep or organiser in the area. Ask for

a complaint form and keep a copy of the

form that you submit.

• the operator must compensate you if theservice provided was different from what

was promised. But they should also be

given the opportunity to remedy the

situation, at no extra cost to you.

• if you are still not happy, get as much

evidence as you can to support your case

(for example, take photographs or

video footage).

if things

go wrong



In addition to any complaint you may make

directly to a tour operator (see above), write

to us at the National Consumer Agency. You

should send us copies of all relevant

documents such as booking forms, brochuresand letters of complaint. We will investigate

whether or not the tour operator has obeyed

the relevant legislation.




The booklet is produced by:

National Consumer Agency

4 Harcourt Road

Dublin 2

You can get copies of this booklet and all our publications by:

• downloading them from www.consumerconnnect.ie; or

• contacting our Consumer Helpline at 1890 432 432*

*Note that the rates charged for the use of 1890 (LoCall) numbers may vary among different service providers.

Documents

Package Holidays Booklet