Negli ultimi anni abbiamo assistito alla crescita delle lamentele sollevate dai turisti nei confronti dei tour operator per i disagi sofferti durante il periodo di vacanza acquistato. Questo argomento è già was treated last week (" Trentino Inblu From radio to the Blog. The package tours. ") and has been shown that with the purchase of vacation package, the consumer relies on the professional tour operator. The package holiday is not only in booking flights for a particular resort, but also in the organization of additional services such as reservation at the hotel or the provision of other related activities (excursions, visits, etc.. ).
Not always, unfortunately, the holiday period ends in a positive way for the tourist sometimes found deficiencies in the organization by the tour operator , or poor quality of service provided and not corresponding to the level advertised with the catalog.
And then the tourists rather than benefit from the holiday period so desired, the return is even more stressed than before.
stress and distress accumulated by the customer originating the legal concept of "damage ruined holiday."
- What are the consequences if something goes wrong during the trip?
It 'obvious that problems arise during your trip, or when the customer should derive maximum benefit from the services offered with your package, and instead finds himself having to "fight " the inefficiencies of the organization.
What happens when your flight arrives very late? Or when that accommodation has been reserved for us is anything but run-down and livable? Or when some services advertised as being included in package deals, are extra and should be paid? Or when you encounter trouble with the tour guide?
Those examples are described in which the tour operator does not perform its obligations or to partially fulfill contractual obligations, as established in ' art. 93 del Codice del consumo.
Ad esempio, è inadempiente l'organizzatore turistico che non preveda delle valide soluzioni alternative nel caso in cui la struttura prenotata non sia più usufruibile dal cliente.
Ed anche nel caso di problemi del volo aereo, è obbligo del tour operator quello di prevedere un volo alternativo, altrimenti egli risulta inadempiente dei propri doveri contrattuali.
In generale, quindi, il tour operator è inadempiente per i danni subiti dal turista durante il viaggio nel caso in cui non esegua correttamente i propri obblighi, a meno che tali danni non siano imputabili al consumatore o a causa of force majeure (the famous event unpredictable).
Outside of these cases, the tour operator must respond to the damage caused to the customer / tourist who bought the package holiday and could not use the services promised.
What are the damages payable? Surely it is the subject of compensation for all damage suffered by people and things and then, for example, must be compensated for the tourist who has been lost luggage during the trip.
These damages are considered and determined individual that can be immediately refunded to the customer. There is, however, a total loss suffered by the tourist and substantial damage in the cd holiday ruined by
- The damage from vacation ruined
What is the damage from vacation ruined?
When we set off for a rest period, our interest is to spend some time relaxing, fun and distraction for the sole purpose of enjoying a well-deserved period of leave so much wanted to see during the year.
It 'clear that our interest is damaged when we see that prevented right to enjoy the organized trip as an opportunity for rest and recreation because of the disorganization of the tour.
Unlike other damage, see the loss of baggage or the failure to make a service provided by holiday packages being offered, the damage from vacation ruined about not taking the holiday period by the tourist, and then give an indefinite and not easy determination / quantification .
For this reason, the Court concluded that the damage ruined holiday falls in the area of \u200b\u200bnon-pecuniary damage and loss is the opportunity to enjoy their holiday.
A sometimes irreparable damage and only partially compensated with a sum of money. An example is the honeymoon ruined because of the cancellation plane or the inability to stay in tourist accommodation booked package holidays.
The damage from vacation is ruined, then a figure of self-harm and different from those faced previously.
- Practical tips: what to do when your trip is ruined by the negligence of your tour operator?
Some practical suggestions for those who should be in the situation never wished to see their ruined holiday period due to the disorganization of the tour.
1. written note of all downtime encountered during the journey and stay in the property. Bring with you, for example, the information sheet on the holiday packages offered to verify the correspondence between what is advertised and what is actually offered.
2. and 'photo opportunities (or film in video format) any disruption to demonstrate the existence of the alleged damage;
3. if you are traveling with other people and they complain about the disruption that may be useful to keep in touch after the trip, the union (the protest) is strength;
4. if the inefficiencies are encountered extremely important, do not wait until the end of the trip, but we will complain - even via e-mail - during the holiday period;
5. art. 98 of the Consumer Code provides that the consumer may raise a claim for problems encountered during the trip organized within 10 days of return: do not waste time!
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