From Lawpack's Leaves on the Line!
You've been looking forward to your holiday for months. It's your chance to take a well-earned break from your hectic schedule, to chill out and have fun. But what do you do if things go wrong or if your holiday turns out to be, well, no holiday? Here we provide advice on what to do if you need to complain and get some compensation.
Non-package holidays
UK laws may apply if you booked in the UK as a result of a trader advertising here (e.g. a hotel), but otherwise the law of the country concerned will apply. Of course, if your entire holiday was in Britain, UK laws apply throughout, but there may be some variations if you live in England and you travel to Scotland or vice versa.
If you're on holiday, complain directly to the person responsible (e.g. the manager). Also, unless things are completely resolved, keep a log of events, including any photographic evidence you can get (e.g. a dirty swimming pool). If your complaint is about accommodation, and you are offered an alternative that you consider unsatisfactory, you must decide whether to carry on complaining, to reject the offer and go elsewhere, to go home, or to accept the offer 'under protest'. If you decide on the last course of action, put this in writing, preferably in the language of the country concerned, reserving your right to claim damages later on.
Use this evidence to complain when you get home. If UK laws don't apply, a European Consumer Centre may help if it was a European Union country, or if you need to take legal action, the Law Society will refer you to a specialist solicitor.
Package holidays
If you booked a holiday abroad from the UK as a package, UK laws will apply if you have a complaint about anything included in the package, such as flights, accommodation, food and trips.
For a package, your complaint is against the tour operator, even though a travel agent may have handled your booking, except in cases where the travel agent operated the tour themselves. You have cause for complaint if the tour operator hasn't kept to their side of the agreement or if you feel you have been misled in any way. Details of the agreement will be found in the booking conditions in the holiday brochure, together with any other publicity, such as photographs, advertising and so on. The Package Travel Regulations state that the brochure must contain clear details of what you should expect, including arrangements that will apply if you are delayed.
The first thing you should do is see the courier or local representative of the tour operator, or contact their local office if there is one. Otherwise, phone the customer service people at their Head Office. Keep a diary for non-package holidays.
When you get back, write directly to the tour operator, referring to any evidence, witnesses, etc. - they will have a customer services section. Alternatively, the travel agent may be prepared to take the complaint up for you. Any evidence you have collected, including your 'diary of events', will help you with your case. Also, Trading Standards may intervene and pave the way for you to get compensation if there has been a breach of the Package Travel Regulations or related legislation.
If you are dissatisfied with what you are offered, you may take the matter further within the company. If this doesn't work, either take your case to the Association of British Travel Agents (ABTA) or the Association of Independent Tour Operators (AITO), if the tour operator is a member. They will investigate free of charge and you may use their arbitration service. Alternatively, you can take legal action.
- The tour operator may try to dispute liability by citing clauses in the booking conditions that say that they don't accept responsibility if your holiday is disrupted by something such as bad weather or an airport strike which is outside their control. If this happens, take advice to see if you can take legal action on the basis that the clauses were unreasonable. However, you may be able to claim on your holiday insurance or against another party (e.g. the airline).
- If your holiday is cancelled, you can ask for your money back if the operator is unable to offer you a satisfactory alternative. If it's too late for you to book another holiday, you can claim compensation for disappointment as well as your money back. If the only other holidays available are more expensive, you may be able to claim the extra from your tour operator. Take legal advice.
- You will have to pay surcharges if they are to cover unforeseen events unless the operator has guaranteed prices, but you should make sure that the operator can justify the charges. If you're not happy, try to pay 'under protest' and reserve your right to claim a refund later.
- If your travel agent goes bust, so long as the booking has been confirmed with the tour operator, your holiday is safe.
- If it hasn't been confirmed, or if the tour operator goes bust, contact ABTA, if the operator is a member. You will, if necessary, be offered an alternative holiday or else be given a refund. If your tour operator goes bust while you are on holiday, ABTA will help get you home. If you bought the holiday on credit, you may be able to claim compensation from the credit company.
- If your holiday airline goes bust, your flight will be guaranteed under a bonding scheme covered under the Air Travel Organisers Licence (ATOL) held by your tour operator. If you have any difficulties, contact the Civil Aviation Authority (ATOL) section. The tour operator will make alternative plans for you if the airline goes out of business before you fly out.
- Similar schemes exist for journeys on ferries, ships and coach holidays if the company is a member of the Passenger Shipping Association or the Bonded Coach Holidays Section of the Confederation of Passenger Transport respectively.
- If you paid for the package or any element of the holiday on credit, you may be able to claim money back from the creditor.
- With delays, missed connections or overbooking, complain as above. The representative of the tour operator should ensure you are properly attended to and, if necessary, give meal vouchers and find you accommodation for the night. If you suffer a very long delay in setting out, you may be able to cancel the holiday and claim a refund, as well as other compensation. The Package Travel Regulations say that you are entitled to compensation or an alternative holiday if the package is cancelled due to overbooking. Alternatively, your holiday insurance cover may compensate you.
- If you were booked on a scheduled, as opposed to a chartered, flight, you may be able to claim under the denied booking compensation rules - see 'Problems with flights'.