Package holiday rights

Question: I got a great deal on a package holiday recently but there was nothing but problems on the holiday, mainly because it was nothing like the brochure.  Have I any remedy? 

Answer: The Package Holidays and Travel Trade Act of 1995 protects consumers who book a package holiday booked in Ireland.  Information contained in the brochure is binding on the tour operator and must not be false or misleading.  If that information is untrue then you potentially have a claim for damages.

It is important that any problems are reported immediately to the local representative.  The difficulty in these cases is often proving the nature and extent of the problems.  Ideally you would record the problems by sending an email or a fax to the tour operator or travel agent while you are still on the holiday.  Photographic evidence can also be extremely useful if there is a dispute about your complaint later.

Once you return home you must also submit your complaint in writing to the tour operator or travel agent within 28 days.  It would be common for your contract to provide for arbitration and you would need to check the small print, particularly for any procedural requirements.  If you are looking for less than €2,000 you may be able to lodge a claim in the Small Claims Court.

Finally you should note that not every problem will mean that compensation is paid.  The tour operator is not responsible for any events which are unforeseeable or unavoidable or beyond his control.

The information contained in this article is for general information purposes only and does not constitute legal or other professional advice.  Specific legal advice should be sought on any particular matter.

This entry was posted in FAQs and tagged , , . Bookmark the permalink. Both comments and trackbacks are currently closed.
  • Call us today!

    Phone: 044 93 48721