Package Holiday Claims – What Are Your Rights?

If you booked a package holiday and it wasn’t as expected or wasn’t as outlined in the brochure, you may be entitled to claim compensation for your package holiday claims. Consumers are protected by the Package Holidays and Travel Trade Act 1995. This Act covers holidays in Ireland and abroad. If you are unhappy with a package holiday, contact Regan Solicitors who can talk you through your case and discuss your options for package holiday claims.

What Is A Package Holiday?

According to the regulations, a package holiday is one that is pre-arranged, sold at an inclusive price, includes an overnight stay or lasts a minimum of 24 hours and is sold by a travel agent or a tour operator. The package must also include 2 of the following components:

• Accommodation
• Transport
• Other services that although not directly linked to either transport or accommodation form a significant part of the package and cost.

The Brochure

The information contained in the brochure is legally binding. If the information is misleading or inaccurate then the tour operator is in breach of contract and you are entitled to some form of compensation.

The brochure should clearly and accurately indicate the cost of the holiday, the destination, the transport arrangements, the location, type and description of the accommodation, the meal plan if applicable, the itinerary where appropriate, the timeline for payment, the deadline for informing the consumer of cancellation and compulsory charges and taxes due.

The operator should also provide information on visa and passport requirements, insurance requirements, health advice (vaccinations etc.) and insolvency arrangements.

Alterations To The Package Holiday

If the terms of the contract are altered significantly by the organiser (e.g. changes to price, accommodation or cancellation), then they must offer you either a replacement holiday of equal or greater value, a lower grade package and refund in price difference or a full refund.

Price Alterations

In certain specific circumstances such as changes in tax or duty or fluctuations in currency the provider is allowed to revise the price of your holiday. However this cannot be done within 20 days of the departure date.

If Something Goes Wrong How Do You Make Holiday Claims?

If something goes wrong on your holiday you should report the problem to the organiser or local representative. You should give them the chance to remedy the situation.

In the event that the situation is not resolved, you need to gather as much evidence as possible i.e. photograph or make a video recording of the problem.

If you are unable to resolve the issue whilst on holiday you should have your solicitor write a letter of complaint to the tour operator within 28 days of returning home. If the response you receive is unsatisfactory Regan Solicitors can help you seek arbitration through the Irish Travel Agents association or to pursue the matter through the small claims court. 

If you have questions about any of the information above or require help with holiday claims please contact us on 01 6874100 or fill out our contact form and we will be in touch shortly.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement