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Pushpa Girimaji on how tour operators can be made to pay for a ruined vacation In today’s busy schedules, taking time off for holiday is not easy and when one embarks on a holiday, one tends to plan it carefully and in all probability, even seek the help of a tour operator to ensure an enjoyable time. However, if the holiday is ruined because of the negligence of the tour operator, or if it does not turn out to be what the travel agent promised, the disappointment is considerable. Unfortunately, we do not have specific laws to protect consumers from unfair contracts in tour and travel programmes as in the United Kingdom, where a comprehensive Package Travel, Package Holidays and Package Tours Regulations, 1992, specifically protects consumers from unfair travel deals. The Consumer Protection Act and consumer courts have indeed upheld the rights of consumers vis-`E0-vis travel and tour operators in several cases. An order of the apex consumer court delivered three years ago stands out in that it shows sensitivity to the feelings of disappointed tourists. The order held that a consumer is entitled to compensation not only for loss or hardship caused on account of negligence of a tour operator, but also for the disappointment suffered as a result of a ruined holiday. Arnab Kr. Sarkar and 14 others engaged the services of a travel agency for visiting Kulu, Manali and Delhi during Pooja holidays and paid the amount. However, the trip turned out to be a disaster. According to Sarkar, the travel agent changed the itinerary, deviated from the programme and failed to provide adequate accommodation. On the ground of deficiency in service, the District Consumer Disputes Redressal Forum awarded a compensation of Rs 5000, which was reduced to Rs 500 by the State Consumer Disputes Redressal Commission. Setting this aside, the National Disputes Redressal Commission said the compensation awarded by the district forum was very conservative. The commission observed that it was the responsibility of the tour operator to ensure that the holiday package was as good as promised. If a holiday was ruined by the virtue of breach of contract on the part of the tour operator, damages could be recovered. (Arnab Kr Sarkar Vs M/S Seema Travels, RP NO 2130 of 2000). The apex consumer court quoted two cases: the decision of the English Court in Jackson Vs Horizon Holidays (1975), wherein the complainant claimed and got compensation for disappointment and distress suffered by on account of a ruined holiday. Similarly in Jarvis Vs Swan’s Tours (1973), it was observed that after having engaged the services of a tour operator for a holiday, it was natural for a person to look forward to the enjoyment that it would provide. An award of damages for the breach of contract is intended to protect the person from the disappointment he would suffer if the holiday is ruined. This order should certainly put tour operators on their guard and ensure that they deliver what they promise. Consumers should ensure that the smallest detail of the programme is put down in writing by the tour operator — the mode of transport, accommodation, travel from the airport or the railway station to the hotel, food and the cost worked out in detail. Do not go by verbal assurances and check out the total cost, including service tax, before you decide to hire the services of an operator. Another factor to be taken into consideration is the refund rules. Check out if in an emergency you are forced to cancel or postpone the trip, will you get back the entire amount paid. Also read carefully any agreement that you are required to sign and if there are any unfair terms, express your displeasure with it. |
