Package Holidays Booklet

A Guide to Package Holidays

National Consumer Agency
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. • 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.

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;

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1. What is a ‘package holiday’? 2. Where and how is a

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‘package holiday’ sold?
3. Consumer protection 4. Brochures 5. What information must be in 6. 7. 8. 9. 10.

a guide to package holidays
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 know our 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.

the brochure? Booking the Holiday Paying for the holiday What is bonding? Cancelling or Transferring a Holiday If things go wrong

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what is a ‘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 least two 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 your accommodation from a link on that website, you are not booking a package holiday as defined in the Act.

Where and how is a ‘package holiday’ 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.

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Consumer protection
The legislation governing the sale of package holidays is called the Package Holidays & Travel Trade Act, 1995. It is designed to protect consumers who take package holidays. 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”.

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brochures
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. • 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 approval or 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 – for example 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?

What information must be 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?

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• 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 accurate and 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 disappointment at the quality of the holiday.

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booking the holiday
Once you have read the brochure and selected the holiday you need to make a booking. Your holiday booking is a contract to buy a specific holiday. The travel agent must give you a copy of the contract, answering these questions. • what is the destination of my holiday? • how long will my holiday last? • what type of transport will the tour operator provide? • what are the departure times and from where will I depart? • where is the accommodation and what are its main features? • if the accommodation is in an EU Member State, what is its official rating or tourist classification under the rules of that Member State? • what is the meal plan, if any? • what excursions are included? • are there any taxes or compulsory charges? • what happens if I want to cancel my holiday? • can the holiday be cancelled if not enough people sign up for it and, if so, what happens then? • how do I complain if the tour operator fails to carry out their part of the contract?

Paying for the holiday
Before paying for the holiday the operator must tell you: • if there are passport or visa requirements; • if you need any special vaccinations; and • if you must take out insurance. You can buy your travel insurance anywhere you like as long as it meets the minimum level of cover that the tour operator requires.

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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).

‘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 still have security in place. Most tour operators fulfil this requirement by taking out an insurance policy.

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

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cancelling or transferring a holiday
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 holiday and 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.

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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 to do 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.

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if things go wrong
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 should follow 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 the service 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 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.

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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, brochures and letters of complaint. We will investigate whether or not the tour operator has obeyed the relevant legislation.

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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.