Consumer Group Calls For Greater Protection From Holiday Complaints
The recent case of CAA v Travel Republic has once again opened the debate as to what constitutes a ‘Package’. The debate has naturally centred on the issue of Consumer Financial Protection and the reader could be forgiven for thinking that this issue is all that rests at the heart of what is meant by Consumer Protection.
In its recent article, ‘Back To The Future For Package Travel Commissioner Kuneva?’, HolidayTravelWatch sought to demonstrate that whatever the issues that underpinned the Travel Republic case, the real issues were in danger of being passed over, in favour of an easy headline that apparently represents ‘Consumer Protection’.
Within the same article, we demonstrate that the so-called DIY or Dynamic Package Holiday selling method, via the internet, is nothing new! We highlighted 3 terms and conditions from holiday brochures, from the years, 1951, 1968 & 1982. In that article we then stated:
“It was this ‘Golden Age’ that led the EU to create the Package Travel Directive; to deal with the excesses and failures and to prevent Consumer detriment to all EU citizens! Check the now many ‘Agency’ websites and their terms and conditions; they bear an uncanny resemblance to the terms and conditions of yesteryear!”
Whilst Financial Protection is certainly an important component within the ‘Consumer Protection’ grouping, we must not forget other detriments suffered by Consumers from the sellers of Traditional or Flexible package Holiday Bundles, such as:
- 261/2004;
- Airline Collapses;
- Booking Problems & Holiday Overbookings;
- Building Works;
- Disability;
- DIY vs Package Holidays;
- Flight Price Changes;
- Accidents;
- Holiday Clubs;
- Price Changes;
- Safety;
- Holiday Illness;
- Lack of Hygiene;
- Insurance;
- Misrepresentation;
- Name Change Problems;
- No Flights;
- Hotel Quality Complaints;
- Risk Destinations;
- Shipping Line Collapses;
- Significant Changes;
- Surcharges;
- Transfer Problems;
- Travel Agent Collapses;
- Travel Company Complaints Handling;
- Witheld Deposit & Deposit Complaints.
HolidayTravelWatch is encouraged to note the comments made by Commissioner Kuneva in Galway City (28/8/09), when she is reported to have stated:
“I have to tell you that the holiday sector is one where I still hear large numbers of complaints, where there are practical problems and where I am convinced we must take action together so that Consumers get the full benefits of a market that is really working for them. The problems I hear from Consumers are not new, but unfortunately they don’t go away – hotels that were not as described, companies that go bust leaving Consumers in the lurch, problems with substandard service, or care hire…we need to ask ourselves the following question: should the level of holiday protection offered to Consumers become a lottery dependent on how the different elements of the same or holiday were put together?…I am concerned that as technology evolves, the number of Consumers covered by our very tough holiday protection laws is actually decreasing…many Consumers are falling outside the basic package travel law and sometimes left badly exposed”.
Frank Brehany, the Senior Consumer Advocate for HolidayTravelWatch states:
“This is a critical moment for the Travel Consumer. The EU Commission & Parliament must maintain their clear views and not be swayed by the easy Consumer Financial Protection headline. The EU Consumer suffers with many forms of detriment in holiday contracts and it must now be recognised, as we have demonstrated, that the internet selling of holidays, is an attempt to return to the pre-1992 ‘Golden Age’ of holiday sales, where the Consumer had little or no protection within the terms and conditions of those contracts. The online sales of holidays strangely mirror those yesteryear conditions”.
He concludes:
It is simple; all holiday sales must now be fully brought into the new Package Travel Directive, with full responsibility and wide obligations being imposed upon the sellers and providers of the holiday product. Look at the Consumer Detriment list we have created above and then ask, would a new Directive that simply dealt with Financial Protection truly be said to protect Consumers? Now is the opportunity to take a great stride in improving Consumer Protection and increase the quality of the holiday product in Europe, making it a second to none product that would be envied by the rest the world!”
HTW has noted that amongst the submissions to the Committee on Toxicity (COT) it has been suggested that the symptoms highlighted by crew and passengers were akin to the condition of hyperventilation.
HTW has for many years received reports from concerned holiday makers or independent travellers as to the safety of their aircraft, ship or boat, train or road transport.
