What if your hard-earned holiday falls through?
Summer holidays are approaching. Perhaps you are considering seeking warmer places and have booked a trip to your dream destination. Travelling is the ultimate relaxation for many of us. Most of the time anyway.... However, sometimes things can go wrong and a trip becomes a real nightmare.
Imagine: you book a trip to a beautiful super de luxe five-star hotel and rightly have sky-high expectations. However, when you arrive on site, the hotel turns out to be totally unlike the beautiful pictures you were shown online or in the travel brochure. What then? Speak to the travel agent? The hotel? The tour operator? Or just swallow and move on?
The new travel law of November 21, 2017
To address this, there is fortunately the ‘new’ travel law. The so-called ‘law on the sale of package holidays, linked travel arrangements and travel services’ came into being, which transposes a 2015 European directive (2015/2302) into Belgian law. This law protects travellers, who book a so-called ‘package holiday’, in a better way since July 1, 2018.
Based on this law, the tour operator is liable for the proper performance of travel services. It does not matter here whether these services are performed by him or by third parties (e.g. the hotel), he is the liable party either way.
It must be a package holiday
To be considered a ‘package holiday’, at least two types of travel services must be combined for the same trip. This is the case when, for example, you book a trip to France with a tour operator (online or otherwise) and it includes both air tickets, the hotel accommodation and/or some day excursions.
When you book such a package holiday, provided you yourself respect some conditions, you also have some clearly defined rights. These rights are, for example, the right to a compliant trip, a trip that meets the created expectations, etc.
Non-conformity of the trip
The question of compensation therefore revolves around whether the trip met the expectations created by the tour operator.
Non-conformity may give rise to a right to compensation. One speaks of the ‘non-conformity of the trip’ when it does not fulfil what the tour operator promised you, or what could be expected based on the travel contract. However, it is important that you immediately report any non-conformity in the execution of the package holiday to the tour operator, who must provide a solution within a reasonable time. If the tour operator does not do anything to remedy these problems, you may do so yourself and, under certain conditions, you may request reimbursement of the costs.
For example
If you have booked a room with a sea view and on arrival you get a room with a (slightly less nice) view of the rocks, the tour operator must resolve this within a reasonable time.
The situation can also be worse. Suppose you book a package holiday to a hotel, which the tour operator presents as a luxurious five-star hotel, but when you arrive, you find an outdated hotel in terrible condition: the paint is peeling off the walls, the tiles at the pool are loose, the bathroom is in poor condition, etc. What do you do in such a case? You report this as soon as possible to your tour operator, who is then obliged to solve the problem for you. If the tour operator does not or cannot do this because it entails disproportionate costs, as a traveller you are entitled to an appropriate price reduction or compensation if you suffer damage as a result.
However, this is not the case if the tour operator can prove that the non-conformity is due to yourself!
Within which period?
Based on Article 77 of the law of 21 November 2017, you have two years to go to court. These two years start to run from the date fixed in the contract as the end of the trip.
Nevertheless, we recommend doing so as soon as possible after the tour operator rejects your request for price reduction or compensation.
Tips
- Check carefully whether it is a package holiday where at least two types of travel services have been ordered.
- Make sure that a non-conformity is reported immediately to the tour operator's representative, both on site and immediately after your return to Belgium.
- In case of dispute later, having sufficient evidence will be very important. Therefore, take enough photos to prove the non-conformity. Prove that promised items absolutely do not match what was delivered. Are there any witnesses? Get their details and, if possible, ask them to immediately provide a clear written statement of what they themselves saw.
- If you have suffered damage, it is also important to keep a good record of all evidence of it: the photos, payment receipts, any doctor's certificates, etc. These may be of gold value afterwards!
In the meantime, any questions?
Wanted Law is ready to advise and assist you in this regard. Do you have questions about the possible chances of success in obtaining compensation? Then do not hesitate to contact us! And in the meantime: have a good holiday!