Agents who sell dynamic packages could be hit by legal action if they provide the wrong information on hotels, a travel lawyer has said after a recent case against Thomson Holidays.
Thomson was ordered to pay out £750 when British holidaymaker David Barnish took it to court because a Kos hotel where he and his family stayed was only geared towards the German market.
Mr Barnish paid £4,000 for a holiday at the Grecotel Royal Park, where he and his family were unable to take part in activities because they were only available in German.
The judge ruled the brochure was “significantly misleading” in failing to make clear that the hotel did not cater for English speakers.
A leading travel lawyer said agents will be in the line of fire if they provide incorrect information.
Sarah Lacy of Stephen Mason Solicitors said: “Organisers of dynamic packages will be liable if they make statements that are misleading. This includes where they are passing on statements made by other organisations.
“This is bound to make tour operators think twice about exactly what they say in their brochures,” said Lacy.
Ripon Travel chairman Bernard Bateman said the trade must take responsibility for providing customers with accurate details.
“Agents can’t rely on brochure information, it’s up to them to check who the hotel caters for and make sure they are selling the right holiday.”
Bed bank getabed.co.uk sales and marketing director Andrew Winstanley added: “We choose our hotels first hand and make sure we keep information up to date.
“But agents must also be conscientious and do research themselves, such as on TW Group’s gazetteers.com or the hotel website.”
Thomson will not take the Grecotel Royal Park off sale as it has received no other complaints. “We feel it is important to note the court did not award Mr Barnish the full amount of compensation he requested,” said a spokesman.