LIABILITY

If you book your holiday with a travel agent then there should always be some type of liability available between you (the consumer) and the travel agents. The type of liability that is stated depends on the company however there should always be some. The 'normal' amount of liability that there is in a contract is as follows:

• The organisers should respond to make sure that you the customer (you) receive the holiday that you paid for and expected.
  
  
• They are also liable for making sure that any damages you suffer as a consequence of the contract not being fully carried out are compensated for.

If you wish to claim or any problems that you have had before, during or after the holiday then you have up to 2 years to make this claim however you will need to have evidential proof that what you said has in fact happened. There are different ways in which you can bring your claims to court. These are either through the ordinary civil courts (tribunals civiles ordinaries) or through the Consumption Arbitration Board. If you choose the latter of these then it is necessary for both parties to go submit to arbitration before hand.

However there are usually exceptions where the travel agents are not liable and this is in the events of:

• When the problem is not directly an effect of the travel agents not complying with the contract, e.g. external forces have taken place.
  
  
• The problem is not because of the travel agent but because of the consumer themselves.
  
  
• When the problem is due to a third party who are not actually part of that specific contract that are of an unforeseeable character.

In all of these cases however (with the exception of if the problem is because of he consumers themselves) the travel agents are still meant to help the consumers try to over come their problems. However if there is no obvious solution then it is not necessary for them to give them money to compensate for the problems.

Go back to "Travel Agents in Spain"