However, in practice, situations often occur where the actual trip does not match what was promised: some excursions do not take place, planned activities are replaced with poorer alternatives or are not replaced at all, services are provided poorly, and the entire travel experience does not meet the traveler’s reasonable expectations.
In such cases, the natural question arises – is it possible to defend your rights and receive compensation for a ruined vacation? Lawyer Karolina Laura Briliūtė from the law firm “Avocad” notes that the traveler’s expectations in such situations are indeed legally significant. “The traveler’s legitimate expectations are formed based on the trip advertisement, program, information, and promises provided by the organizer. Therefore, the contract for an organized tourist trip is evaluated not only formally but also according to the content and quality of services the consumer reasonably expected,” she explains.
The organizer is responsible for the entire trip
According to Karolina Briliūtė, the travel organizer must ensure the proper provision of all services specified in the organized tourist trip contract, regardless of whether they are actually provided by the organizer themselves or by third parties – hotels, guides, transport companies, or local partners.
This means that the traveler is not obliged to find out which specific service provider is at fault for improperly provided services – all responsibility lies with the travel organizer.
Case law emphasizes that a tourist has the right to expect services of appropriate quality, accurate and comprehensive information, and smooth trip organization. The organizer, as a professional service provider, must carefully select partners, control their activities, and assume the risk for improper contract performance.
When can compensation be claimed?
The “Avocad” lawyer notes that according to court practice, in cases where the organized tourist trip does not meet expectations, the consumer can claim both material and non-material damage compensation or a reduction in the trip price.
According to K.L. Briliūtė, in simpler cases, determining the amount of damage is not difficult – for example, when a specific excursion does not take place or a flight is canceled. However, more complex situations arise when the entire trip is organized chaotically, the program is only partially carried out, and the quality of rest clearly deteriorates.
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In such cases, the traveler can demand:
- a reduction in the trip price;
- compensation for material damage;
- compensation for non-material damage for a ruined vacation, inconveniences, or lost travel value.
When deciding on the amount of compensation, according to the lawyer, it is assessed what portion of the services was not provided at all, how many were provided poorly, how significant the deviations from the promised quality were, and what portion of the total trip price was made up of the unprovided or poor-quality services.
In practice, significant violations may include not visiting the objects specified in the program, long waiting times due to organizational issues, inadequate transport conditions, malfunctioning air conditioning or heating systems, vehicle breakdowns, or carelessly provided services.
What is important for the traveler to do?
Although consumers have enhanced protection in such situations, the burden of proving violations and incurred damage lies with the traveler. Therefore, it is very important to properly document all deficiencies.
The “Avocad” lawyer recommends:
- immediately informing the guide or travel organizer about the violations;
- photographing and filming the deficiencies;
- saving correspondence;
- having promotional materials and the travel program;
- collecting documents confirming additional expenses.
After returning from the trip, it is recommended to submit a written complaint to the organizer, clearly indicating the violations made, the claims raised, and the amount of compensation requested.
If the travel organizer refuses to satisfy the claims or offers inadequate compensation, the traveler can contact the State Consumer Rights Protection Authority and later – the court.
“Court practice shows that travelers’ rights in such cases are defended quite actively, especially when the consumer can provide clear evidence of the trip not matching the promised conditions. Even formed but unfulfilled traveler expectations can be a significant criterion when deciding on compensation,” notes “Avocad” lawyer Karolina Briliūtė.
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