In the Regulations of Tourism the agency is fully responsible of the good execution of all the services (transport, accommodation,etc) included in the contract. In case of failure, the seller is responsible for the return and the compensation of any prejudice suffered by the client. Therefore, all passengers victim of a wrongdoing have the right to reclaim compensation in court. The retailer can himself eventually take legal action against his suppliers (carrier, tour operator). On the other hand the travel agency cannot be held responsible for air transport. Its responsibility is limited to the travel contract. Choose your travel agency carefullyYou must read with attention the sales conditions to get as much information as you can such as the airway company's name, are the meals included, etc. For direct flights, the name of the airway company must be issued with the ticket. For a package holiday bought with a tour operator, a list of carriers should be indicated. It is recommended to check with the travel agency who has sold the tickets if the travel conditions have been modified. Insurance is recommendedBefore subscribing to a travel insurance, check that your personal insurance doesn't already cover the risks linked to travelling. In general, they don't, and although optional, we strongly recommend the subscription of a cancellation insurance or even better, a multi-risk insurance that will cover cancellation expenses, medical expenses, repatriation, baggages... It is also recommended to pay by credit card; a way of payment that generally includes an insurance.
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If your baggage is lost, immediately file a complaint with the police, it will enable you to get your compensation rapidly.The conditions of compensationIn case of a cancellation by the seller less than 21 days before departure, the seller is legally bound to refund their client and compensate them the equivalent of what the client would have paid if they had cancelled (generally 50% of the trip's cost up to 8 days before, 75% from 7 to 3 days before, 100% less than 3 days before).
The clients who are victims of cancellation (on departure) by the seller therefore has the right to receive, not only a refund of their trip but also a compensation equal to the refund. On the other hand those stranded on holiday are not entitled to compensation. The law only holds the seller responsible for the return of the client by, eventually, getting a ticket from another company.
To obtain a refund and a compensation, the client must send a letter (recorded delivery) to the seller including the travel contract and the proof of the cancelled departure. Don't forget to make photocopies to keep a trace. If no friendly solution can be found, then you should bring the travel agency and the tour operator before the court as both are legally responsible
The procedure is often long, from three months to a year. Think of building a strong case with material to present; some photos for example. It is also recommended to group with other passengers victim of the same prejudice, in order make a common complaint or take legal action.
href="http://admi.net/jo/textes/ld.html">Read laws on the sale of travel services.href="http://www.tourisme.gouv.fr/fr/navd/mediatheque/centre_doc/activite.jsp">Read the Tourism Rules and Regulation