THEL flight cancelled and the company refusing reimbursement due to “exceptional circumstances”. The holiday package which suddenly increases in price. L’overbooking without explanation or compensation. There are many i disservices that can be encountered on vacation. Difficult contingencies to deal with for those who, luggage in hand and perhaps already several hours of travel on their shoulders, find themselves alone faced with discomfort and without knowing how to move.
Assistance against travel disruptions
To support those who travel, for the eighteenth year Confconsumers opens his Tourist desk. A garrison to protect travellers, active nationwide throughout the summer. It will be possible to receive information, advice and assistance by phone, online and also in presence – in the now traditional offices located between the provinces of Catania, Messina and Ragusa.
In the case of airline disruptions, linked to a canceled flight or lost luggage, for example, you can also entrust, free of charge, to the claim company ItaliaRimborso (thanks to a patented algorithmis able to pre-evaluate the disruption, determining the liability of the air carrier).
Here then is a small handbook so as not to be caught unprepared.
Tour packages
The consumer has the right to compensation for damages, even from “ruined vacation”, and/or price reduction. In the event of failure or incorrect fulfillment by the organizer (tour operator or travel agency) or the seller (travel agency, also online). Please note that a tourist package means holidays that include at least two of the following elements. a) transportation; b) accommodation; c) tourist services not ancillary to transport or accommodation (visits and excursions).
Illegitimate price increases
They could occur illegitimate requests for integration of the price paid at the time of purchase of the package. The Tourism Code provides that prices can only be increased if the contract expressly provides for it, otherwise they must be contested.
A price increase it is possible only if communicated at least 20 days before departure. It is possible exclusively as a result of related changes these topics. a) the price of passenger transport according to the fuel cost or other energy sources. b) the level of taxes o rights on the tourist services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation and embarkation taxes in ports and airports. c) the exchange rates relevant to the package.
Right of withdrawal from the tourist package
Finally, if the price increase exceeds 8% of the total package price, the traveler can accept the proposed change or withdraw from the contract without paying any withdrawal fees or penalties. In case of withdrawal, the organizer can offer the tourist a replacement package of equivalent or higher quality.
If the replacement package is of lower quality or cost, the traveler, if he accepts, is entitled to an appropriate price reduction. In any case, the consumer is not obliged to accept the proposed solutions. If he decides to withdraw, the organizer must refund all sums paid without unjustified delay and in any case within fourteen days of withdrawal.
The price increase is possible only after clear and precise communication on a durable medium by the organizer to the traveller. Together with the justification for this increase and the method of calculation. Pay attention to some details: the communication must contain the proposed changes and their impact on the price of the package. The indication of a reasonable period within which the traveler is required to inform the organizer of his decision. The consequences of the traveller’s failure to respond within the aforementioned period. Any replacement package offered and its price.
Withdrawal from online purchase contracts
There is a term, little known by consumers, within which you can withdraw from the online purchase contracts of tourist packages (which are distance contracts negotiated away from business premises). And it’s 5 days: within 5 days from the date of conclusion of the contract. Or from the date they receive the terms and conditions and preliminary information, whichever is later.
We must pay close attention because it is a shorter term expressly provided for by the Tourism Code than that of 14 provided for by the Consumer Code for distance contracts. The consumer, if he respects the term, does not have to justify his choice. If after the purchase you realize that you have paid too high a price or if the holiday is not consistent with your needs, you can therefore easily withdraw.
Flights, between cancellations and delays
Companies often try to evade the obligations established by Community Regulation no. 261/2004, invoking alleged exceptional circumstanceswithout, however, indicating them. Instead, we must insist on requests for financial compensation, reimbursement, compensation and rerouting: inalienable rights of passengers.
Also because in some cases cancellations and delays appear “planned”: the first take place two weeks in advance, the delays are between two and three hours.
In the event of a canceled flight, the airline is obliged to offer the passenger the possibility of choose between ticket refund or rerouting with another flight. In any case, the assistance and the financial compensation which, depending on the route, can be 250, 400 or 600 euros.
Still, in case of delay, refunds and compensations are foreseen based on lost hours. For prolonged delays, equal to or greater than three hours, the passenger is entitled, in addition to assistance, to financial compensation in the same amount as the cancellation.
In case of overbookingi.e. when the number of passengers exceeds the available seats, the passenger is entitled to the same rights as in the event of cancellation.
Air strike (like the one on July 15)
Then there are the cases of air strikessuch as that of 15th of July: according to an estimate of Italy Refund, over 270 thousand Italian travelers could suffer a disservice. ENAC has released L’list of guaranteed flightswhich concern aircraft movements to and from Italy.
Air carriers should provide assistance for canceled flights, proposing an alternative flight to the passenger, as required by Community Regulation 261/2004. But in the event of a strike by the national aviation sector, to the passenger no financial compensation is due, provided for by Community Regulation 261/2004, which ranges from 250 to 600 euros. But only and exclusively the reimbursement of expenses to reach the goalif these are proven by receipts and/or invoices.
If not protected by the air carrier, the traveler can ie buy a new flight at your own expense alternative, even with a different airline than the one initially chosen. And ask for a refundas well as the expenses for any other means of transport used to reach the initially scheduled destination, any extra hotel nights and meals on the days in which the aircraft disruption was caused.
As Felice D’Angelo, CEO of ItaliaRimborso explains, «In that case, we need to start a reimbursement claimby contacting the air carrier or a claim company directly”.
Luggage
Compensation claim for destruction, damage, loss or delay in delivery of baggage? It must be sent within 7 days in case of damage and within 21 days for delayed delivery. The verification of the event must be carried out immediately at the Lost and Found Office of the arrival airport by filling in the PIR form and before leaving the airport area.
By train, car, ship
In case of travel delays and disruptions on the train it is possible to request compensation under the Consumer Code and the Community Regulation n. 1371/2007. Still in highway, the motorist has the right to request compensation from the competent company in the event of a) Damage caused by pitfalls and pitfalls due to the presence of objects on the roadway or cables hanging in the tunnel. b) The presence of oily liquid or similar on the roadway. c) Or from longer than normal journey times, such as delays or long stops.
In ship the reference legislation is EU Regulation no. 1177/2010, which provides for protection in the event of delays and cancellations. In addition to compensation for damages.
How to contact the Tourist Desk
The new email address of the Sportello del Turista is [email protected]. For telephone or face-to-face assistance, you can contact the offices in Catania (Viale della Libertà n. 221), tel 095.7049705 (during opening hours) and 340.7289212, Giarre (CT) (Via N. Tommaseo n. 121) 095.932573, confconsumatorigiarre @hotmail.it. Messina (Via Antonio Salandra n. 19, ground floor) 351.8647740. Taormina (ME) (Via Bastione n. 6) 329.3115995, [email protected]. Ragusa (Via Dante n. 9) 348.0521494, [email protected].
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