Tourism & Hospitality
3. Planning Your Holiday
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 27 Aug 2015
- When you plan your holiday you will enter into a number of contracts (agreements) with various travel operators. This may include:
- airlines;
- hotels;
- tour operators; and
- travel insurance companies.
- Before booking you should check over these agreements and make sure the terms and conditions are satisfactory. Our free Find a Lawyer directory may help put you in touch with a lawyer if you need assistance working out what these documents mean.
- Once you book and pay for the service you will be bound by (required to comply with) those terms and conditions.
- The travel agreement should clearly outline what will happen in the event that either party has to cancel the travel arrangements.
- In some situations the agreement will be ‘frustrated’ that is it becomes impossible for one of the parties to fulfil their part of the agreement. This may happen where accommodation is burnt down during a bushfire for example.
- In these circumstances the consumer is entitled to a refund of any money that has been paid. However a travel agent may still need to be paid for any reasonable expenses that have been incurred.
- A traveller who cancels a trip because of less than ideal weather conditions will generally not be entitled to a refund.
- However where weather conditions are integral (essential) to the nature of the service being provided this may lead to the agreement becoming ‘frustrated’ and justify cancellation.
- A refund for a cancellation is only available where it is part of the airline’s ‘terms of carriage’ or part of consumer protection laws.
- Problems can arise when the accommodation booked is different to what is delivered when the traveller arrives at the premises.
- Accommodation providers must not make false or misleading statements about the accommodation when:
- supplying;
- offering to supply; or
- promoting the service.
- Accommodation must be fit for the purposes of the traveller otherwise the traveller may be entitled to a full refund.
- Travel insurance is additional protection that a traveller can purchase to cover certain problems that may arise.
- If your holiday is overseas and you are intending to drive it is recommended that you obtain an international driving permit.
- An international driving permit allows travellers to drive overseas so long as their country of origin driver’s licence remains valid.
- Prior to making a booking for a holiday you should check the visa requirements for the country you are intending to travel to.
- A travel agent should be able to provide you with information regarding visa requirements for a number of countries.
- Refunds for flights and holiday packages are generally not available because you have been refused a visa for travel to a particular country.
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