Passenger Rights Against the Tour Operator

                   -Protect Your Rights with the Travel Agency Before Departure –

It has been observed that the prices of tourist trips this year again exceed the budgets of most travelers. Instead of opting for the usual destinations, travelers are choosing less popular and therefore less expensive destinations. There is also a growing number of travelers who decide to arrange accommodation and transportation to their desired destinations on their own. Undoubtedly, various factors influence this trend of individual travel, which we will not analyze in this text. However, we have questioned whether the numerous negative experiences of tourists, as reported in the media, without adequate resolution in protecting their rights, also have a certain impact on this growing trend.

To this end, this text will present the rights guaranteed to travelers by the Consumer Protection Act (“Official Gazette RS” 88/21) when they engage an intermediary or travel agency in organizing their trip. It will also showcase the common practices of travel agencies, which ultimately render almost every traveler’s complaint meaningless.

Namely, the Consumer Protection Act defines the obligation of the travel organizer and the intermediary to provide the traveler with ALL information about the basic characteristics of the travel services before the contract is concluded. This includes information about the destination, travel plan and duration, details about the accommodation (location, type, content, and category according to the regulations of the country where the accommodation is located), the equipment and comfort level of the accommodation unit, the means of transport, its characteristics and category, the place, date, and time of departure and return, the duration and place of stops and transfers, the number, type, and method of serving meals, etc.

On the other hand, YUTA (National Association of Travel Agencies) has suggested on its official website the text of the general travel terms (which most of its members copy verbatim). It states that the organizer is not responsible for the descriptions of services in catalogs – publications or on the websites of direct service providers (e.g., hotels, carriers, and others), unless the traveler has been explicitly referred to them. …Nutrition, comfort, and service quality depend primarily on the price of the arrangement, the selected destination, and the categorization according to the local-national regulations and are beyond the control and influence of the Organizer. The start and end dates of the trip specified in the Program do not imply an all-day stay at the accommodation or destination. The traveler will be accommodated in any officially registered accommodation unit in the facility described in the Program, regardless of the traveler’s specific needs, location, and position of the facility, floor level, proximity to noise, parking, etc. The variety, quality of food, and service primarily depend on the price of the arrangement, the category of the facility, the destination, and local customs, regardless of whether the service is self-service or a la carte (menu)…[i]

The automation of the travel contract conclusion process at the agency’s office, through an intermediary, or even via the website, contributes to the fact that most travelers do not receive all legally required information from the organizer. Even if they ask for it, some information will be provided orally, and they will sign a contract that refers to the agency’s general travel terms.

“When a traveler signs a contract, they agree that they have read the general travel terms and agree with all the agreed services because if a complaint arises, the contract is considered. If both the complaint and the contract are not aligned, the traveler has no grounds for the complaint,” said YUTA’s director, Aleksandar Seničić, to TV Prva.[ii]

Travelers often spend their vacation gathering information and evidence about unfulfilled services or unmet expectations when they arranged the trip. On the other hand, agencies will, in most cases, “hide” behind the general travel terms, and no compensation will be paid to dissatisfied travelers.

Considering these circumstances, we suggest that travelers first protect their rights preventively by invoking Article 98 of the Consumer Protection Act, which explicitly regulates that the travel organization contract, in addition to the basic mandatory information (Article 93), must also include the specific requests of the traveler that the organizer has agreed to.

Therefore, when any element of the agreed trip is of great importance to you, we suggest that you insist that the orally provided information be added as a special request by the traveler in the contract itself. If there is a deviation from the agreed terms, the traveler must immediately file a written complaint with the agency representative on-site and gather possible evidence for the agreed but unfulfilled services. However, it is crucial what is written in the travel contract. The organizer, the organizer’s local representative, and the local agency to which the organizer or intermediary referred the traveler in case of the need for specific assistance, are obliged to promptly:

1. respond to the traveler’s complaints during the trip;
2. rectify any deviation from the contract that the consumer points out.

We emphasize that the organizer is obliged to carry out the tourist trip as provided by the organized travel contract. The organizer is responsible for the conformity of the service, including services provided to the traveler by a third party (provider of transportation, accommodation, meals, other tourism services, as well as entertainment, cultural, sports-recreational, or other programs that fulfill leisure time).

If the traveler suffers damage due to non-conformity with the travel organization contract, they have the right to claim compensation from the organizer, including non-material damage.

To summarize, when you decide to entrust the organization of your trip to an agency or intermediary, first check the reputation of the agency, familiarize yourself with the general terms prescribed by the agency, insist that all key elements of the trip that the agency orally confirms be included in the travel contract before signing it. If you find that the contract has not been fulfilled during the trip, immediately file a written complaint with the agency representative and secure adequate evidence of non-fulfillment of the agreed services. Insist on exercising your rights when you return from the trip. Seek an out-of-court settlement, and ultimately, do not hesitate to initiate a consumer dispute in which you will seek compensation for the damage suffered, both material and non-material.

[i] Source: https://www.yuta.rs/yuta/o-nama/standardi-za-opste-uslove-putovanja-11

 [ii] Source: https://www.b92.net/o/putovanja/letovanje?nav_id=2378688

 [iii] “Designed by Freepik”