When guaranteed departures aren't guaranteed

Tours of popular destinations are more likely to depart. Picture: Niall McIlroy

You've saved up, booked a guaranteed departure tour nearly a year ahead, looked forward to the trip of a lifetime and then, just before you're due to go, the tour company calls to tell you it's cancelled.

There simply aren't enough other travellers on the trip.

You're offered a departure the following week but that throws up all sorts of problems at the last minute. Can you take more time off work? Will you be able to organise accommodation - and afford it - for the extra week leading up to the new departure date? The flights are already booked. All of a sudden decisions need to be made, more money spent. Things can start to go wrong while uncertainty hangs in the air. It is a nightmare that can and does happen.

When brochures are released ahead of each travel season, a small number of dates are usually nominated as Guaranteed Departures but with high demand for organised tours in 2014, some companies have been announcing additional dates on which itineraries are certain to operate.

As a result, travellers may feel they are on firm ground when looking for definite dates next year. But check out the terms and conditions and you'll find a fair bit of wriggle room. Guaranteed departure doesn't really mean certain, it's better to think of it as a date during the high season when the company is confident that it will get sufficient numbers for that tour to be viable. At other times the term is used when the company feels it has sufficient numbers already for the tour to proceed, barring cancellations.

Many of the biggest travel companies own a number of brands which cater for luxury, family, small-group or coach touring, and these tend to be governed by the same "guaranteed departure" policy. For instance, Globus, which has been offering tours for nearly 90 years, also has Cosmos Tours for the more price- conscious, Monograms for independent travellers and Avalon Waterways for river cruisers. And where applicable, the terms and conditions match across the board.

The Globus website states that "the tour departures marked 'GD' or 'GUARANTEED DEPARTURE' are guaranteed to operate". This is followed by the caveat that the guarantee does not apply in situations where Globus deems there is a threat to passenger safety, industrial action or strikes that affect the tour or "force majeure" incidents such as war or natural disaster. Globus also says that most itineraries are guaranteed that haven't been cancelled within 45 days of the published departure date for Europe and the UK, and within 30 days for USA and Canada, Asia, and South and Central America trips. During high season, this is extended to 60 days for Europe and the UK and for the US and Canada.

Dates marked as guaranteed departures were easy to find across the Globus family for tours departing in 2014, undoubtedly because they had reached some unstated minimum number of passengers. I randomly chose Globus' eight-day French Sampler from Paris to Monte Carlo which runs between April and October, 2015. There were guaranteed departures every month except October. Similarly, the seven-day Wonders of Jordan tour offered between March and November had guaranteed departures scattered throughout the period. But what happens when a departure not marked "GD" is cancelled?

Globus' terms and conditions state that if a departure is cancelled or rescheduled because of "operational requirements", i.e. too few travellers, their responsibility is to either offer the same or a similar holiday with the traveller bearing any additional cost or refund the amount received from the customer. If airfares are included, the customer must also bear the cost of rescheduling or cancellation. The same applies to cancellations made by Cosmos, which recommends that travellers ask the advice of a travel agent on the "best tour option for you".

Every single date for the randomly chosen Six Countries, Venice and Paris had a guaranteed departure for the rest of 2014 while the 14-day Mediterranean Flavours 2015 tour had five guaranteed dates between April and October.

Monograms provides schedules for those seeking independent holidays and, as such, is not bound by guaranteed departures or minimum traveller numbers.

Insight Vacations, Trafalgar Tours, Contiki Holidays, Creative Holidays and AAT Kings all operate under the banner of The Travel Corporation. Trafalgar's First Class Europe & Britain brochure says that trips are classified as "Definite Departures" once a minimum number of travellers have booked that date, and denotes these on the website with a green tick.

Deep in the fine print of terms and conditions it states that Trafalgar reserves the right to cancel or reschedule a departure and that it will refund the price of the tour or offer a comparable holiday, refunding the difference if the latter is cheaper but charging the additional cost if it is not. The website allows users to list itineraries showing definite departures. Some tours had plenty - Trafalgar's eight-day Best of Greece tour had a definite departure listing on each of its twice-weekly itineraries this year, with many in 2015. Conversely, none of the 24 listed dates for the 15-day Best of Finland Russia and the Baltic States package were "definites".

The brochure of sibling company Insight Vacations adds that capacity is adjusted each year to ensure the majority of departures operate.

AAT Kings is very clear on the policy - guaranteed departures are just that and passengers booked on a tour that is cancelled will be notified no fewer than six weeks before the scheduled date. Passengers will be given the choice of a suitable alternative or refund.

Peregrine Adventures is leading the way when it comes to reassuring travellers that a tour will depart as planned. From January 1, tours are guaranteed to leave as soon as one person books even in the unlikely event that there are no more bookings. Peregrine specialises in trips with smaller groups, with an average of nine and a maximum of 16.

But sometimes guaranteed departures are something of a misnomer. Tucan Travel has nominated guaranteed departure dates on some itineraries and, on a dedicated page on its website, states "guaranteed departure means that the tour will definitely operate on the day it is scheduled and will not be cancelled for lack of participation". But delve into the terms and conditions to find a watered-down definition of guaranteed departure which states that these tours are "generally" guaranteed to leave regardless of whether minimum numbers are reached (four people for adventure tours and 10 people for overland tours and budget expeditions).

Adventure holiday specialist World Expeditions often focuses on small-group tours, almost all of its departures leave as scheduled. World Expeditions has a dedicated page on its website listing hundreds of guaranteed departures from the subcontinent and South America to Spitsbergen.

It has to be noted that travellers are largely left in the lurch if they've booked airfares and their tour is then cancelled. No longer needing the flights will not get you a refund from anyone.

According to Acting Commissioner for Consumer Protection David Hillyard, there is no specific protection available if a guaranteed departure is cancelled. But as with any transaction, consumers must be compensated if they don't get what they paid for.

"Consumer guarantees under Australian Consumer Law require that the operator provide a refund or offer a replacement travel option to the affected consumer in the event of a tour being cancelled," Mr Hillyard says.

There are also provisions relating to non-negotiable contract terms and conditions that may be unfair, although Mr Hillyard did not recall a complaint where this has been the case.

But there are measures to try to minimise any loss. It's wise to get travel insurance that pays out the cost of a tour and accommodation or flight change expenses if a tour is cancelled or amended for reasons beyond your control. Most international plans do not automatically include this cover - it has to be added. As an indication, basic travel insurance for a two-week visit to England next June would cost $91 per person. To also insure against the amendment or cancellation of a 14-day tour worth $3000 brings the premium up to $114 - not an unreasonable amount for peace of mind, and worth its weight in gold if your long-awaited package trip falls foul of minimum numbers or you're offered a departure the following week and have to shell out for a room.

Mr Hillyard also suggests travellers pay by credit card as, in some instances, they could be eligible for a chargeback from the bank if they don't get what they paid for. The Australian Consumer Law gives tips and information at packsomepeaceofmind.gov.au.

With much variation between policies on guaranteed departures between groups, the best advice is to read the fine print carefully, speak to an accredited travel agent, or phone the company for clarification before booking.