Consumer Rights and Package Holidays

How to apply

Making a complaint

It is important to read through the terms and conditions of your package holiday contract. Your contract will outline the procedures in place for dealing with complaints, it will confirm to whom you should make your complaint and it will outline the way in which complaints should be made (i.e., in writing, etc.).

If you have a complaint while on holiday, you should report the problem at once to your local holiday representative or organiser in the vicinity.

The tour operator must compensate you for any shortfalls in the service that it provides - between what was originally due and what was actually provided.

The tour operator should be given the opportunity to remedy the situation, at no extra cost to you.

If you are not satisfied that the matter has been resolved, you should gather as much evidence as possible to support your case while on holidays, including taking photographs or video footage (if possible).

If you are not satisfied that the complaint has been dealt with properly when you return from the holiday, you must lodge a complaint in writing to the tour operator - within 28 days from the date of completion of the package holiday contract.

If it does not respond within a reasonable time, a second letter of complaint should be sent.

If you are still not satisfied with the operator's response, you can take the complaint to the Small Claims Court for a small non-returnable fee if your claim does not exceed €2,000. Queries in relation to your Small Claims Court application should be addressed to your local District Court.

Most package holiday contracts state that claims above this Small Claims Court limit may be pursued through arbitration.

The National Consumer Agency (NCA) is empowered to oversee the enforcement of Irish legislation governing package holidays and to identify breaches of this legislation (i.e., misleading advertising, inaccurate brochures, etc.). The NCA cannot bring proceedings on behalf of a citizen.

An organiser or operator found guilty of an offence under Section 21, Section 22(3) or Section 26 of the Package and Holidays and Travel Trade Act 1995, (which relate to bonding and obstruction of authorised officers) could be liable to a fine of €1,900 or, if convicted, to a fine of up to €63,500 or imprisonment for up to two years (or both).

Cancellation of the holiday by the organiser or operator

If the organiser or operator cancels the holiday or alters a term of the contract, including the price or type of accommodation, the consumer must be given the option of one of the following:

• A replacement holiday of equivalent or superior quality
• A lower grade holiday, with a reimbursement of the difference in price
• A full refund

No price changes are allowed within 20 days of the departure date.

The organiser has the right to cancel the package due to factors out of its control, such as an act of God, or where it has failed to get the number of people that was required for the package.

Transferring a holiday

To transfer a package holiday to another person, the consumer must give reasonable notice to the organiser. Both the original purchaser of the holiday and the party to whom it is being transferred are jointly liable for payment or the balance of payment of the holiday or for any other costs involved.