Holidays from Hell
When you book a package holiday, you are entering into a contract
with the tour operator (not the travel agent). If things go wrong
due to the fault of the tour operator, it is in breach of the contract
and you may be entitled to compensation.
The contract
The contract is based on the tour operator's brochure both
the "booking conditions" (generally in small print) and
descriptions of the specific holiday (hotel, resort and facilities)
are part of the contract. You are entitled to receive what the brochure
promises and its descriptions must not be inaccurate or misleading
but don't expect all the drawbacks to be pointed out.
Read the brochure carefully
Both the small print and the description pages:
Insurance
Travel insurance is important. Most tour operators will not accept
your booking without insurance. Many tour operators want you to
take their insurance. You do not have to do this you can
arrange your own insurance. (But the tour operator does not have
to accept your booking.)
Cancellation
The contract comes into being when the booking is confirmed. Like
any other contract, you do not have a right to cancel it just because
you have changed your mind even for good reason, like illness
or redundancy.
If you do need to cancel the holiday, speak to the tour operator
and explain the circumstances but you will almost certainly
lose some money. (Investigate your insurance to see whether this
can be claimed back.)
Can the tour operator cancel the holiday?
The contract is as binding on the tour operator as on you and
generally it cannot cancel without giving you compensation, although
this does depend on what the booking conditions say.
Can the tour operator make changes?
The tour operator may be able to make small changes to your holiday.
What kind of changes it can make will be in that "small print".
However, if a major change is proposed:
Sometimes the change will be made very close to the start of the
holiday, and you may feel that if you reject it you might not be
able to book a similar holiday elsewhere. In that case there is
a third option: you could accept the change under protest (in writing),
reserving your right to claim compensation for the breach of contract
at a later date.
Complaining
If you arrive at your destination and the holiday is not as you
expected you must make a complaint to the tour operator's representative
don't leave it until you return home or you may be deemed
to have accepted it.
Golden rules for complaining
Kinds of complaints
What the tour operator is not liable for
Obviously you cannot expect the tour operator to compensate you
for things beyond its control such as the weather, or local
holidays or strikes making facilities unavailable.
After the holiday
When you return home, before you can take any other action, you
must put your complaint in writing to the tour operator. You must
do this within 28 days of returning (but check that the booking
conditions do not alter this period) although it may be rather
longer than that before the tour operator responds. Make the seriousness
of your complaint clear in your letter and enclose copies of any
supporting evidence.
If you receive no satisfactory offer of compensation from the tour
operator you will have to take the matter further, either with a
small
claims action or through arbitration. (Generally, arbitration
is the usual route via ABTA.)
How much compensation?
How much you receive will depend on many circumstances. However,
to simplify matters, you may be able to claim on a number of grounds:
Trading standards
If your holiday was misrepresented in the brochure you can make
a complaint to your local Trading Standards Officer who may prosecute
the tour operator under the Trade Descriptions Act 1968. However,
this will be a criminal prosecution and will not offer you any compensation
so you will still need to pursue a civil action.
Article first published June 2003
Revised May 2005
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