Trading Standards Advice For Consumers Taking ‘Short Breaks’ Recently Trading Standards have been experiencing a higher level of enquiry, which has affected the whole holiday and travel process. From misleading pricing and ‘secure’ airport parking, to confusing baggage weighing at the check-in process and the very real problems with lost luggage on the return journey.Bruce Treloar, TSI Lead Officer, hopes recent actions by Trading Standards will highlight the problems and he gives a checklist at the end of the article to help provide advice to consumers and businesses to avoid the most serious problems.

The Booking ProcessSince February 2006 Trading Standards have been lobbying for transparent pricing on websites and in brochures. The Office of Fair Trading (OFT) has been supplied with evidence from consumers and have now outlawed the practice of stating one headline price and then adding on mandatory extras. At the end of January, OFT will be taking action against those Operators or airlines who split out costs like Fuel Supplements, Taxes, Ticket on departure charges or any other extra charges.

Baggage for the holiday….The whole issue of baggage is making dream holidays turn into nightmares even after the consumer has returned home. A recent survey showed consumers could be charged double the cost of ‘online’ baggage check-in, if they forget and check their baggage in at the airport! Major budget airlines were reviewed. One charged £5 to check-in baggage online but £10 at the airport. Another charged £3.99 online but £10 at the airport!Unfortunately this wasn’t the end of consumer’s baggage problems! Trading Standards officers check the baggage weighers at airports. Prior to testing this year, we surveyed the excess baggage charges of major airlines. If a consumer was as little as 1 kilogramme (2.2lbs) over the airlines limit then they will be charged from £5.50 to £6 per extra kilogramme. One West Sussex consumer was going to Spain just before Christmas and was worried about her baggage being over the limit, so she asked the budget airline check-in desk to check the weight. She was 3kg over the limit, so took out some articles. She had a coffee came back to the check-in and found she was still over 2 kg heavy. She paid an extra £12 but complained to us on her return. We checked the scales and found some needed adjusting to give the proper weight.

Secure parking?....There has been a problem with secure parking at airport’s which has caused a problem to consumers and legitimate business before they have even got to the airport. We have sometimes found cars parked on a public road and an industrial estate. We have resolved this issue but we do need help to identify these types of problems.

Delays and cancellations….So just what rights are available when the flight is delayed or even cancelled? Too much confusion is generally the situation when this happens. Depending on the distance travelled, the options are usually available after about 5 hours. Delays mean welfare provisions must be provided by the airline, e.g. phone, fax and refreshments. Only when the flight is cancelled is compensation payable! If the airline doesn’t want to pay compensation, it has to show the flight is cancelled because of ‘extraordinary circumstances’. At any time delays and cancellations do occur, so it’s worth remembering your rights!

Lost luggage….So the holiday may have been to an idyllic destination and the flight wasn’t delayed, but when arriving back in the country, did the luggage come back as well? For these sorts of problems, the International Convention for flights (the Montreal Convention) applies but consumers must remember that they must fill out a Product Irregularity Form at the airport, or their claim will be affected in any future action!

So, Trading Standards Advise ...

When making a holiday booking check ‘Have I bought a package holiday?’ If it is then you will be protected if the business collapses or there is a problem abroad. ‘Does this headline price include all the mandatory extra charges, like taxes’ If it does, then you can compare like for like! Identify what the baggage allowance is BEFORE you reach the airport, and check whether you pay more to check in at the airport!Make sure the baggage weigher at the airport is at zero, before you put your baggage on the conveyor belt! Bear in mind that if you as little as 1Kg (2.2lbs) over the airlines baggage limit; you may have to pay more. If you are delayed at the airport then the airline must look after your welfare. You will get NO compensation unless the flights cancelled and there aren’t any extraordinary circumstances!If your luggage gets lost at the airport, you must fill out a Product Irregularity Form at the airport - otherwise there may be problems when you claim . The Product Irregularity Form is available from xxxx .

Package Tours & Holidays Responsibilties Of Traders This guidance explains the types of holiday and holiday businesses to which the Package Travel, Package Holiday and Package Tour Regulations 1992 apply, with particular reference to financial security arrangements. The Regulations also cover other aspects of the package holiday business, such as advertising, brochures, contracts, surcharge limitations and compensation responsibilities. You will need a copy of the Regulations to find out what you have to do to comply fully with the law. The Regulations are available from HMSO bookshops (www.hmso.gov.uk).

What is a Package Holiday? Regulations define a ‘package’ as follows: The holiday must cover a period of at least 24 hours, or involve overnight accommodation. The holiday must consist of a combination of at least two of the following components:

1: Transport - 2: Accommodation Other tourist services, that form a significant proportion of the package (e.g. excursions, entertainment). The holiday must be sold at an inclusive price. This definition may include holidays that the average member of the public would not think of as a ‘package’. For example, many people would think of a package holiday as involving a trip of a few days or more abroad but, to be covered by the Regulations, it does not need to involve a trip outside Britain and does not need to last more than 24 hours.

What does ‘pre-arranged’ mean? Pre-arranged means that the combination of the components is organised prior to completion of the contract, (this could mean you selecting the holiday for the consumer where there is no suitable holiday found in a brochure). Tailor-made combinations, where the customer selects the components, e.g. the method of travel and the hotel, are covered by the Regulations.

What constitutes ‘other tourist services’? If the provision of services, e.g. entertainment or sports facilities, is restricted to those who have paid for them in advance in the cost of their holiday, or these services are a feature of the holiday, they are ‘other tourist services’. However, if an additional charge is made for the use of the facilities during the holiday, so that their use is optional, it is unlikely that they could be considered ‘other tourist services’. For example, if the use of the hotel swimming pool is available to all who stay there, it is not a feature unique to that holiday, but if swimming tuition is included in the price of the holiday, it is, and therefore it is a component of the package. 

Who needs to arrange security? The Regulations state that, if you are ‘the other party’ to a contract with a customer to provide them with a holiday that is classed as a package, you must provide evidence of the arrangements you have made to secure money to refund customers should you be unable to complete the contract. The ‘other party’ can be the organiser, the retailer or both.

What is our responsibility?As the ‘other party to the contract’ you are liable for the proper performance of the whole package holiday. (This means you have a responsibility for all individual components when put together and sold as a package).

Who is an ‘organiser’?An organiser is defined as the person who ‘otherwise than occasionally’ organises package holidays and sells them, either through a retailer or himself. The term ‘occasionally’ is not defined by the Regulations, but if a package is arranged on a regular basis, even if not frequently (e.g. only once a year), the person making the arrangements is an organiser.

Who is a ‘retailer’?A retailer is the person who sells package holidays put together by the organiser (note that this may be the same person).

‘Home Authority’ Principle

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