Can You Seek Compensation If You're Disappointed by Your Holiday Experience?
As memories of the pandemic begin to fade into the past, many Australians have decided to use their newfound freedom and take a well-earned holiday. Often, they'll invest a lot of their savings in such a getaway and will look forward to the experience as they aim to reset their lives. Yet these holidays do not always go to plan. This could be particularly upsetting if the consumer purchased a package deal from a tour operator or travel provider. If you find yourself in this position and have just endured some trouble in paradise instead, can you make a claim for compensation against the provider?
Understand the Contract
When you book an inclusive tour or elements of travel with an operator, you essentially enter into a contract with that party. They agree to provide you with certain services in return for your monetary input, and the company will lay out its conditions at that time. Clearly, the company will be liable to repay you should the holiday be cancelled, but you'll want to know whether they should pay you some damages if they cannot deliver the product as promised.
When to Pursue Compensation
This situation has been tested in court with mixed results, and much will depend on the circumstances. However, some consumers have been able to claim noneconomic losses and assert that the company breached their contractual obligations. In this case, they asserted that the subject matter of the contract relates to enjoyment and pleasure. Should the company not be able to provide what it promised, it may be liable to pay some damages to compensate the consumer for distress, disappointment, inconvenience or even "injured feelings."
The court will want to know whether the consumer was so disappointed by the overall experience that they should be paid additional damages, over and above those associated with any failure to provide.
Failure to Deliver
So, if a consumer suffers disappointment or distress as the holiday package they bought did not live up to contractual obligations, they may be able to seek extra compensation. For example, they could argue that the products did not deliver the relaxation and pleasure expected and that this caused emotional distress instead.
Get Professional Help
If you feel that you have a case to bring forward, you should seek out the assistance of a qualified solicitor. They will look into the case law and refer to similar, successful claims as they help you to seek some compensation.
Contact a local compensation lawyer to learn more.