Post on 08-Apr-2018
8/6/2019 Package Holidays Booklet
http://slidepdf.com/reader/full/package-holidays-booklet 1/14
A
G u i d
e
t o
P a c k a g e
H o l i d a y s
8/6/2019 Package Holidays Booklet
http://slidepdf.com/reader/full/package-holidays-booklet 2/14
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 .
8/6/2019 Package Holidays Booklet
http://slidepdf.com/reader/full/package-holidays-booklet 3/14
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
8/6/2019 Package Holidays Booklet
http://slidepdf.com/reader/full/package-holidays-booklet 4/14
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.
Consumer Helpline LoCall 1890 432 4324
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.
8/6/2019 Package Holidays Booklet
http://slidepdf.com/reader/full/package-holidays-booklet 5/14
www.consumerconnect.ie 5
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”.
8/6/2019 Package Holidays Booklet
http://slidepdf.com/reader/full/package-holidays-booklet 6/14
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?
Consumer Helpline LoCall 1890 432 4326
• 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
8/6/2019 Package Holidays Booklet
http://slidepdf.com/reader/full/package-holidays-booklet 7/14
• 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.
www.consumerconnect.ie 7
8/6/2019 Package Holidays Booklet
http://slidepdf.com/reader/full/package-holidays-booklet 8/14
8/6/2019 Package Holidays Booklet
http://slidepdf.com/reader/full/package-holidays-booklet 9/14
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.
www.consumerconnect.ie 9
8/6/2019 Package Holidays Booklet
http://slidepdf.com/reader/full/package-holidays-booklet 10/14
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.
Consumer Helpline LoCall 1890 432 43210
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
8/6/2019 Package Holidays Booklet
http://slidepdf.com/reader/full/package-holidays-booklet 11/14
www.consumerconnect.ie 11
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.
8/6/2019 Package Holidays Booklet
http://slidepdf.com/reader/full/package-holidays-booklet 12/14
• 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.
Consumer Helpline LoCall 1890 432 43212
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
8/6/2019 Package Holidays Booklet
http://slidepdf.com/reader/full/package-holidays-booklet 13/14
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.
www.consumerconnect.ie 13
8/6/2019 Package Holidays Booklet
http://slidepdf.com/reader/full/package-holidays-booklet 14/14
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.