Cáit, Mayo
When a service fails to work as specified in the contract, it is the responsibility of the business to rectify the problem promptly and without imposing significant inconvenience on the customer. In cases where the service issue is severe, the customer is entitled to request a refund or a reduced price. Moreover, if the customer has incurred financial loss due to a service problem, they may have grounds to claim damages.
To request a price reduction, it is essential to notify your broadband provider in writing. According to consumer law, the price reduction must reflect the difference between the agreed price and the diminished value of the service caused by the issue. This reduction should cover the duration during which the service failed to meet the terms of the contract.
If the price reduction is agreed upon and you have already paid for the affected period, the broadband provider should refund you within 14 days using the original payment method, unless an alternative arrangement is agreed upon, and should not charge any additional fees.
Ideally, reaching a satisfactory agreement with your broadband provider should be possible. However, if this is not the case, your next step is to formally complain to them. This should be done through email or letter, including details about the service disruption, previous contact with the company, account or order number, desired resolution, and your contact information.
The relevant regulatory body in this area is ComReg (comreg.ie), and you can find further information on their website regarding the complaint process. ComReg stipulates that service providers have ten working days to address and resolve your complaint. If the issue remains unresolved after this period, you may request ComReg’s assistance. In certain circumstances where you have made numerous unsuccessful attempts to contact your service provider, ComReg may intervene directly on your behalf.
‘I paid a deposit for a package holiday in March. Now my travel agency has increased the price of the holiday by €100. Can they do that?’
Q I booked a package holiday for October through an Irish travel agency. In March, they informed me that the holiday would cost €599, and I paid a €150 deposit, with the remaining amount due one week prior to departure. Yesterday, I received an email stating that the total price is now €699. Is this permissible? If I choose not to pay the increased amount, am I at risk of losing my deposit?
A When you book a package holiday through an Irish or EU-based business, you are protected by specific consumer laws.
By booking a package holiday, you enter into a contractual agreement with the travel agency, who acts as the organiser. The information provided in the holiday brochure or their website must be accurate and not misleading, and you should receive all essential details about the holiday before agreeing to the contract. One crucial piece of information is the price, which should encompass all taxes, additional fees, and specific payment arrangements, including any required deposit.
There are strict regulations regarding price changes after booking. Within 20 days of the departure date, the holiday price cannot be modified. Prior to that, the organiser may increase the prices, but only if there is an escalation in the cost of transporting passengers due to fuel or power source costs, taxes, fees, charges, or changes in relevant exchange rates.
Typically, cancelling a package holiday results in a cancellation fee or the loss of your deposit. However, if the agent applies a price increase of more than 8%, you have the right to cancel without incurring any charges. Since your holiday price has risen by almost twice that amount, you have the option to cancel free of charge.
We recommend reviewing the terms and conditions of your original holiday contract and contacting your travel agent, preferably in writing, to request a detailed explanation for the price increase. If their explanation is unsatisfactory, proceed to file a formal complaint, outlining the issue, their obligations,
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