Holidays

With regard to the Travel Agents' Code they provide as follows:

a. Counter staff should ensure that they provide customers with accurate information wherever possible and they should be familiar with all the travel brochures they offer.

b. Staff should ensure they immediately pass on to the customer any information regarding alterations to travel arrangements.

c. Staff should, where necessary, advise on visa and health requirements and insurance.

This Code is important because although the holiday contract is between the customer and the Tour Operator, travel agents are still liable to the customer for any misrepresentation (untrue statements) regarding the holiday and the arrangements.

You can find further protection for holidaymakers in the Package Travel, Package Holidays and Package Tours Regulations 1992. Much of these Regulations have been adopted in the ABTA Codes of Practice. These Regulations do not apply if transport and accommodation have been booked separately, (although if transport or accommodation is combined with other tourist services making up a large part of the package, then the Regulations will apply).

The brochure should include certain information such as the travel destination and periods of stay, the form of transport to be used (if applicable), the type of accommodation offered (if applicable), whether it includes meals, the price, whether a deposit is payable, the itinerary for ancillary services, etc.

Information such as passport, visa and health requirements are to be provided before the contract is concluded.

Prices are to be taken as fixed unless the contract shows how the revised prices are calculated and the increase is not more than 2% and is notified to the customer no more than 30 days before departure.

The customer can "rescind" (end) the contract and its effect will be as if the contract never took place.

Also breach of any particulars in the brochure will entitle the customer to sue for damages (compensation) if the services by the Tour Operator do not match their description. However the Tour Operator can put a clause in the brochure stating that changes can be made to the particulars and the Tour Operator will not be liable as long as the customer has been told of these changes before the contract is finalised.

Any complaints to the Tour Operator must be made "at the earliest opportunity".

Under the Regulations a customer can transfer their booking to a third party where they themselves are prevented from proceeding with the package, for example, due to illness.

The Regulations make some breaches a criminal offence. It is for Trading Standards Officers to prosecute such breaches in a Magistrates Court where the sentence is a fine.

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