It is not uncommon for travelers to pay for a travel arrangement and then receive a certain level of service far below the level that was presented to them when the contract was concluded. This is the so-called inconsistency of travel services. The travel organizer is obliged to realize the trip in the manner provided for in the contract, and the trip is in accordance with the contract if it has the properties guaranteed by the organizer, or if it corresponds to the usual or contracted purpose. This matter is regulated by the Law on Consumer Protection, the Law on Tourism and the Law on Obligations.
What services is the agency responsible for as part of the arrangement?
The agency is responsible for the conformity of the service as a whole, therefore also for the services provided to the passenger by a third party (provider of transportation, accommodation, food), as well as for entertainment, cultural, sports-recreational and other programs. Specifically, the agency’s responsibility exists if the hotel, for example, is of much lower quality than in the brochure, the promised swimming pool or sports fields, animation for children, promised free sunbeds on the beach are missing, food is of a much lower quality than presented, etc.
What is the difference between the so-called significant indecency and ordinary indecency?
Significant non-conformity exists when the total value of services not provided exceeds 25% of the sales price from the contract. In both cases, the traveler has the right to a price reduction in proportion to the non-fulfillment of the contract, however, if the discrepancy is not significant, the traveler has no right to cancel the trip at the agency’s expense. In case of significant non-conformity, if the agency does not offer or offers inadequate replacement services, the traveler has the right to refuse such replacement services, i.e. to terminate the contract. In that case, if the contract includes transportation, the passenger has the right to request a return home without undue delay, by the same means of transportation and without additional costs.
What should the passenger do in case of indecency?
During the trip, the passenger should, without unnecessary delay, file a complaint with the agency, along with which he will attach evidence of defects in the form of photos and videos. Filing a complaint is of crucial importance because of the rule that if the passenger fails to report it in a timely manner, he loses the right to a price reduction.
What are the deadlines for filing a complaint and the agency’s response?
Complaints must be made within 15 days from the end of the trip, and no later than one month from the occurrence of the irregularity. The agency is obliged to respond to the complaint in writing or electronically within 8 days of receipt, and if the complaint was made during the trip, then also during the trip. The agency is obliged to pay the price difference within 15 days, which they will of course do if they agree with the complaint.
Danilo Babić- attorney at law Novi Sad
