Word of Advice

23 October 2007

Time for a holiday? (2 of 2)

You’re on a well deserved holiday, relaxing in a tropical paradise, waves lapping at your feet. Most trips taken overseas are trouble free, but what happens if something does go wrong?

Consumer rights overseas

Remember, when you make purchases when overseas you won’t be covered by New Zealand law. Instead, you will have the rights determined by the country in which you purchased the goods. In many places frequented by Kiwis, consumer laws and regulations have a degree of similarity (such as Australia and the UK), in others there may be lesser consumer protection built into law.

If you buy something that turns out to be dodgy, your best bet is to initially contact the retailer concerned. If that fails, contact the consumer arm of government in the country where you purchased the goods. Remember too that product safety standards in other countries may not match those in New Zealand. Be on your guard when buying toys or other products for children when overseas.

Complaining about your holiday

If you have a problem while you’re away it’s best to say something at the time to try and resolve the issue. But if you’ve still got a complaint after you return home, first take a look at the paperwork given to you by your travel agent to see if your claim is valid. If your problem was with a tour company, hotel or other supplier, your travel agent sometimes might be able to help you by pursuing the matter.

Remember though, when you book a hotel or flight, your contract is with the hotel or airline and the travel agent is only the one who arranges the bookings, acting as an ‘agent’, selling travel services on behalf of the airlines and hotels.

However, travel agents are responsible for the work they do and they have to do it with reasonable care and skill. For example, if you ask your travel agent to book you in a hotel with specific facilities, the agent must book you in an hotel with the facilities you’ve asked for.

To complain, send a letter to the travel agent, airline or tourist operator. Outline what was wrong and include any supporting documents (like copies of receipts or photos). Give them the chance to put things right. If you believe you deserve compensation, give a dollar figure of how much the problem has cost you.

If you and the travel agent do not come to an agreement you can contact the Travel Agents Association of New Zealand (TAANZ), if the travel agent is a member. TAANZ doesn't pay compensation, but it may reprimand the travel agent if it finds that its code of ethics has been broken.

If the company still won't pay, you can take your case to the Disputes Tribunal. This is relatively cheap and there are no lawyers involved. Further information on the Disputes Tribunal is available on the Consumer Affairs website.

Getting consular help

Losing or having your passport stolen can mean a lot of hassle. If this happens to you while you’re away make sure that you obtain a police report straight away, and then contact the nearest New Zealand embassy or high commission. Staff at New Zealand embassies and high commissions can help you in several ways if you get into difficulties overseas, but there are some limits to the help they can offer.

Staff at embassies can:

• give advice, with the aim of helping you to help yourself
• help with a lost or stolen passport
• help you contact relatives or friends to request emergency funds
• provide a list of English-speaking lawyers, and help you contact family and friends, if you are detained or arrested
• help you contact family and friends if you are ill or injured
• help with arrangements following a death overseas
• help during crises, such as civil unrest and natural disasters.

But staff at embassies can’t:

• pay your hotel, travel or other bills, legal or medical expenses, or costs of returning a body to NZ
• give you legal advice, investigate a crime, or get you out of prison
• get you better conditions in prison or hospital than a local citizen would receive
• provide you with financial assistance, except in a real emergency and subject to very strict conditions
• operate a personal mail service for you or store your belongings
• become involved in civil disputes.

Credit cards

Credit card fraud can be a big problem in some countries. When travelling overseas keep your credit cards safe. If your card gets stolen or goes missing, phone your credit card company immediately. It’s best to jot down the contact details of your card company before you go away; relying on the number printed on the back of the card may not be much use when it’s being used by a pickpocket on a spending spree.

At ATMs watch out for 'shoulder surfers' – those are people who watch you entering your PIN number, then look for an opportunity to steal your card.

Keep your eye out for ‘skimming’ devices that can read and store the encoded information on the magnetic strip of your card. These small devices have been found attached to ATMs and in places where credit cards are frequently used. If your details are obtained your card may then be ‘cloned’ onto a counterfeit card and used by a fraudster. Try to never let your credit card out of your sight, even in a restaurant.