The Cypriot Consumers' Association informs consumers with a notice of their rights in case they have planned an organized holiday trip through a travel agent.
According to the Organized Travel and Related Travel Arrangements Law (Law 186(I)/2017), the travel organizer is obliged to provide the consumer with accurate information about the package he proposes, such as information on transportation, accommodation, sustenance, itinerary, as well as pre-contractual insurance matters, as well as insolvency protection.
Package travel is a combination of at least two different types of travel services within the same trip or vacation. The travel services covered by the Law are the transportation of passengers, the provision of accommodation, the rental of a motor vehicle and other tourist services that are not an integral part of the above.
Consumer rights
According to Law 186(I)/2017, consumers who have concluded an organized travel contract have the following rights:
Cancellation of the package travel contract
If one of the conditions below applies, the consumer has the right at any time, before the start of the package, to cancel the package travel contract, without being charged any costs for the cancellation and to be refunded, within fourteen (14) days , the full amount paid to the organizer.
This can be done if, before the start of the package, the organizer is obliged to modify, to a significant extent, any of the main characteristics of the travel services, such as the destination, the itinerary, the tourist category of the accommodation, the meals provided, the excursions etc.
The consumer has this right if the organizer initially included in the contract some special requirements requested by the consumer and is then unable to fulfill them, or if the organizer proposes to increase the price of the package by a percentage exceeding eight percent (8 %), even if the possibility of an increase for specific reasons was foreseen in the contract.
In the above cases, the organizer, if he has the possibility, can offer the consumer a submissive package, of the same quality at the same price, or of inferior quality at a reduced price. "The decision on whether to accept the submissive package rests with the consumer", it is emphasized.
It is noted that in case of unavoidable and extraordinary circumstances at the destination or very close to it, which significantly affect the execution of the package or significantly affect the transportation of passengers to the destination, the consumer at any time, before the start of the organized trip, can to cancel the contract without being charged any costs for the cancellation and to be refunded, within fourteen (14) days, the full amount paid to the organizer without additional compensation. It is understood that the consumer has the right at any time, before the start of the organized trip, to cancel the contract, paying the organizer some costs for the cancellation.
Process of execution of the organized trip
In the event that the consumer finds any problem during the execution of a travel service, as agreed in the contract of the organized trip, he should immediately inform the organizer. Where and where the organizer cannot remedy the problem due to the fact that the remedy is impossible, then the consumer is entitled to set the organizer a reasonable time limit in order to remedy the problem. If he does not do so within this period, then the consumer will have to take personal actions to remedy the problem and then demand compensation from the organizer.
In addition, if a large proportion of the travel services, as agreed by the contract, cannot be provided, then the organizer must offer the consumer suitable alternative arrangements, of equivalent or higher quality than those originally agreed, so that the package can to continue, without any charge to the consumer.
If it is not possible to offer equivalent or superior quality proposed alternative arrangements and therefore the travel package stipulated in the contract results in an inferior package, then the organizer should offer the consumer an appropriate price reduction commensurate with the difference in the cost of the services which were not provided. The consumer has the right to reject these alternative arrangements only if they are not comparable to what was agreed in the contract or if the proposed price reduction is insufficient. In this case he is again entitled to a price reduction or compensation.
Price reduction or payment of compensation
It is pointed out that the consumer is entitled to a reduction in the price for any period in which a problem occurred and the organized trip was not performed as stipulated in the contract.
"The consumer is not entitled to compensation in the event that he, for any personal reason, terminates the contract", it is underlined. In addition, the consumer is not entitled to compensation if the organizer proves that the existence of the problem is attributable to the consumer, or to a third party unrelated to the provision of the travel services, or is due to unavoidable and extraordinary circumstances.
According to Law 186(I)/2017, the consumer can request a price reduction or compensation up to two (2) years after the presentation of the problem.
Transfer of the contract to another traveler
The consumer can transfer the package travel contract to another person if the person to whom it will be transferred meets the criteria contained in the contract.
Also, this can be done if the consumer immediately, at least seven (7) days before the start of the package, provides relevant information to the organizer,
It is emphasized that both parties are responsible for paying the entire amount of money to the organizer,
It is added that both parties are required to pay the organizer any actual expenses that have arisen from the transfer of the contract, after the organizer informs what the actual cost of these expenses is and provides relevant supporting documents such as invoices or receipts.
In case of violations, consumers can contact the Cyprus Consumers' Association at the email address info@katanalotis.org.cy and 22516112, as well as the Consumer Line of the Ministry of Energy, Trade and Industry at 1429.
Source: KYPE