Loophole blocks holiday complaints
Under package-holiday legislation travel agents who flout the law can only be prosecuted within 12 months of the offence but many are finding the time limit is too short.
Director of Consumer Affairs Carmel Foley said yesterday it was becoming a bigger issue because many people were booking their holidays early to avail of special deals.
“People have to be careful to make a complaint immediately. Because holiday brochures are available so early, 12 months is too short a time limit to make a complaint and I have asked the Minister responsible for this area to consider changing the law.”
She said a holiday booked in the autumn of one year might be taken the following autumn. In this case, a complaint might not be made for a considerable time and the travel agent responsible could escape prosecution if the 12 month period had elapsed.
A spokesperson for the Department of Transport, which is responsible for package tours, said Minister Seamus Brennan would consider Ms Foley’s request but no decision had been made.
Ms Foley said the time-frame for making a complaint should be extended to two years which would be enough for a holidaymaker’s complaint to be fully processed. She also said customers should inspect holiday contracts to see the length of time they have to lodge complaints with tour operators.
Legally, this period cannot be less than 28 days from the date of completion of the package.
Separately, Ms Foley said her office had success in ensuring that airlines were more honest in advertising air fares.
An order which came into operation last year means airlines must give consumers accurate and full information about the advertised fare, including any availability restrictions as well as methods of booking and payment.
Ms Foley said some investigations regarding compliance with the order were still in progress.
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