How do we get to a proposition for settlement?
Our first aim is to find the reason for the complaint. Was there a misunderstanding due to lack of information and communication, due to wrong or incomplete travel documents? Or could the reason be an inadequate preparation of the traveller him/herself? Based on the overall view of the case and the «damage» suffered by the customer, we can then make an evaluation of the possible «indemnification». Quite often there are however big differences between the expectation of the traveller and the compensation offered by the touroperator or travel agency. Depending on the case, these evaluations take more or less time till we get to a proposal.
With our longtime and great experience, the knowledge of legal rules and regulations – but also with plain common sense – we do succeed in most of the cases to find a compromise which could be acceptable for both parties. However with sometimes very excessive demands and/or indecent form or insulting wording a settlement of a case is not easy if at all possible.
We do however not make any written statements or exposees quoting the reasons for an eventual success or failure of our intervention.
Should the complainant decide not to accept our proposition for settlement and wish to take legal steps against the other party, we do have to inform about the possible consequences. In such a case the offer proposed by the Ombudsman is no longer valid. The amount of time, effort and money to be invested might be considerable and an eventual result is not necessarily better than the one reached by the Ombudsman.