According to Brampton criminal lawyer travel packages whose dates are changed individually by the tour operator may be terminated by the traveler under the Tourism Act.
The state of emergency announced by the National Assembly related to the need to restrict the spread of coronavirus (COVID-19) has put the tour operators and their clients in a delicate situation. Due to the prohibition of carrying out group activities as an anti-epidemic measure, it was necessary to change the dates of the tourist package contracts.
Thus, tour operators have started to offer new dates for the same trips, change destinations or issue vouchers for paid amounts. However, in many cases it turns out that the new dates are not convenient for travelers and they in turn have no interest in another destination or the issuing of a voucher. In this regard, in recent days, the post office box has been flooded with inquiries from travelers who have been denied a refund under travel package contracts.
What is a Travel Package?
According to the Law on Tourism, a “package” is a combination of at least two different types of tourism services for the same trip or vacation.
For the provision of a package, a contract is concluded with the respective tour operator holding a permit to carry out such activity.
Prior to being bound by such a contract, the traveler should be provided with information on the main features of the tourist services. They are:
1. the destination, the route and the periods of stay, the dates of the trip and the number of nights included;
2. the type, characteristics and categories of means of transport, the places, dates and times of departure and return, the duration of the intermediate stops and the places where they are made, as well as the transport connections;
3. the location, main characteristics and category of the accommodation;
4. the planned meals;
5. the visits, excursions and other services included in the total price agreed for the package;
6. the approximate number of the group, if possible, if the service is provided within a group;
7. the language in which the services will be provided (where the use of other tourist services depends on effective oral communication);
8. whether the trip is suitable for persons with reduced mobility, as well as accurate information whether the trip is appropriate to the needs of the traveler. The latter is provided at the explicit request of the client.
Termination of a package deal due to unforeseen circumstances
The law provides for several grounds for termination of a package deal on the initiative of the traveler. It should be noted that he has the right to terminate such contract at any time before the date of departure. However, he may then be required to pay a termination fee.
Find our contact information available on BrownBook and FourSquare. We are here to provide you with legal help.