This information applies to England, Wales, Scotland and Northern Ireland
The options available to resolve your holiday problem will depend on whether the holiday you booked is a package holiday, or one booked directly with the providers of your transport and accommodation. If you have booked a package holiday, you will have extra rights.
Your holiday is likely to be a package holiday if it:
An example of a package holiday is one which you choose from a tour operator’s brochure, and which includes a flight and a seven night stay in a hotel.
Your holiday is not likely to be a package holiday if you booked all the elements of your holiday separately, for example you booked the flight directly from the airline, and you booked your accommodation during a telephone conversation with the hotel.
A holiday booked on the internet may still be a package holiday, particularly if you booked and paid for everything at the same time.
If you are not sure if the holiday you bought is a package holiday, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
If you cancel your holiday, for example, because of ill health or because you can no longer afford to go, you will usually lose your deposit or pay a cancellation charge. This may be almost the full cost of the holiday. This is because you will have broken the terms of the contract you made with the holiday trader when you booked your holiday.
The contract will usually say whether a cancellation fee has to be paid. If so, the amount given will usually be binding. If the contract does not allow cancellation, you will be liable for any losses which the holiday trader might have. Check to see whether your holiday insurance covers the cost of cancellation.
Be careful if you are considering stopping your cheque, as the holiday trader may take you to court for compensation.
If you have booked a package holiday, you can only cancel if it has changed significantly before departure – see under heading Changes to your holiday. If your tour operator is a member of the Association of British Travel Agents (ABTA), the cancellation fees must be shown in the brochure.
If you can no longer go on your package holiday for reasons beyond your control, for example the death of a close relative, you may be able to transfer your booking to someone else. You are unlikely to be able to transfer your booking simply because you have changed your mind about travelling.
Once your booking has been confirmed, there is a binding contract between you and the holiday trader. The holiday trader cannot then cancel the arrangements without breaking the contract. If the contract is broken, you will be entitled to claim compensation, for example to cover any financial loss you have suffered, or disappointment and inconvenience.
If the booking has not been confirmed, there is no contract and the holiday firm can cancel the arrangements if it wishes. You cannot insist on the arrangements being met - see under heading How to deal with your holiday problem.
If the tour operator cancels your package holiday, you will have several options. You can choose to:
You may also be able to claim compensation if your holiday is cancelled. However, you will not be entitled to make a claim if an insufficient number of people booked onto the package holiday. The tour company must warn you in writing when you book the holiday, if a minimum number of people are needed for the holiday to take place. You must also be told about when you will be notified if this minimum number has not been met and the holiday has to be cancelled.
You will also be unable to claim compensation if your package holiday has to be cancelled due to unusual and unforeseeable circumstances which were beyond the control of the tour operator and which could not have been avoided.
Whether or not you have to pay an increased price or a surcharge on your holiday, depends on whether the holiday has actually been booked and confirmed.
If the booking has not been accepted or confirmed, no contract has been made and the price can be increased.
If the booking has been accepted and confirmed you will only have to pay the increase or a surcharge if the booking conditions allow for this. Sometimes the agreement allows an increase or a surcharge, but limits when one can be made. In this case, you will have to pay the increase or a surcharge only if it is allowed by the contract.
It is a criminal offence to give misleading or false information about prices. This would include not making it clear that the price may be increased and the circumstances in which this might happen. If you think a price you have been given is misleading, you should complain to Consumer Direct on: 08454 04 05 06.
When you book a package holiday, you are entering into a contract with the holiday trader which must contain details of the price of the holiday and the circumstances under which the price can be increased. There are special rules about when the price of a package holiday can be changed. After you have bought a package holiday, the price can only be changed if:-
If all of these conditions are not met, the price of a package holiday cannot be changed. If the conditions are met and the increase in price is 10% or more, it is likely that you will be able either to choose an alternative holiday or to cancel the holiday. This is because this would be seen as a significant change to your holiday (see under heading Changes to your holiday, below).
If your booking has been confirmed there will be a binding contract between you and the holiday trader that you booked with. If the arrangements are then changed and the changes are significant, you can either accept the change or cancel the holiday and ask for a refund. You may also be entitled to claim compensation for any loss you may have suffered as a result of cancelling the holiday, for example disappointment or inconvenience. If you accept the change either ‘under protest’ or because you have little choice, you may still be able to claim compensation. If you do not accept the change you can cancel the holiday, but will only be entitled to compensation if the change means you would be worse off. If the change to your holiday arrangements is not significant, you will not be able to cancel the holiday, but you may be able to claim compensation because the holiday trader has broken one of the terms of your contract.
Some contract terms can be unfair to the customer. Examples of this include contract terms written in such a way that you cannot understand them, or terms which take away your legal rights. If you believe that a term in the contract with your holiday trader is unfair, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
If the holiday arrangements are changed at the time when you make the booking there will be no contract unless both you and the holiday trader have agreed on the details of the arrangement. For example, if you write to book a double room with a bath and the hotel accepts the booking, but states that there are no rooms with baths available, a contract has not been made. You can refuse to accept the hotel’s offer of a room without a bath and will be entitled to a refund of any money paid.
If you do not query the changed arrangements, this will be taken as acceptance of the change.
There are special rules about when changes to package holidays can be made.
A package holiday can only be changed from its description in the brochure when:-
If the package holiday is changed, but there was no statement in the brochure and you were not told about the change before you bought the holiday, the change can only be made if both you and the tour operator agree to it. If you do not agree to the change, your contract may have been broken, and you may be able to make a claim for compensation. For more information about how to complain when your contract has been broken, see under heading How to deal with your holiday problem.
If the tour operator has to significantly change your package holiday before you go away, for example, change the departure date, you must be told as soon as possible. You will then have several options. You can choose to:-
You must tell the tour operator which option you are going to chose as soon as possible.
If you have booked your transport directly with a travel company, for example a train, coach or ferry company, you will probably only be able to claim compensation for overbooking if particular seats had been reserved or the ticket specified a particular journey or service. If this is the case, you may be able to claim for 'breach of contract' and any unavoidable expenses you incurred as a result of the delay, such as the cost of meals or overnight accommodation. However, you will probably need to go to court to do this. You should check your travel insurance to see if it covers you for delays caused by overbooking, as it will probably be easier to make a claim on your insurance than to go through the courts.
In England and Wales, for more information about overbooked transport, see Overbooking in Consumer fact sheets.
There are special rules covering overbooked flights from airports in the European Union. The rules also apply to flights from airports outside the European Union, but flying into a European Union airport, on a European Union airline. These rules apply only if you were not allowed to board the flight, not if you volunteered to take a different flight. Under these rules you can get compensation for the overbooking, as long as you meet certain conditions. You must have a valid ticket, which has been confirmed for the overbooked flight, and you must have checked in by the deadline given to you by the airline.
As long as you meet all these conditions you will be entitled to:-
You will also be entitled to:
If your flight is overbooked the airline should give you a form stating what compensation is available.
If the rules applying to EU flights do not apply, you may still be able to get compensation for overbooking. You will need to check with your airline whether any compensation is available for your particular circumstances.
For more information about overbooking on all flights, see the Air Travel Advice section on the Air Transport Users Council website at: www.caa.co.uk/auc.
In England and Wales, for more information about overbooked flights, see Overbooking in Consumer Fact Sheets.
If your accommodation is not available because of overbooking, you must be offered either a reasonable alternative or a full refund. You will also be able to claim compensation to cover extra costs you have had to pay, and to cover loss of enjoyment and inconvenience.
If you accept alternative accommodation but are not happy with it, you may still be able to get compensation if you made it clear that the alternative was accepted ‘under protest’.
If the alternative offered was of a similar standard to the accommodation you had booked, you are unlikely to get compensation unless you made it clear at the time of booking that it was important for you to stay in that particular hotel. For example, the alternative offered was in a location that would make it difficult for a wheelchair user to take advantage of local amenities or facilities.
In England and Wales, for more information about overbooked accommodation, see Overbooking in Consumer fact sheets.
If your transport or accommodation is overbooked on a package holiday, the tour operator is responsible for dealing with the problem and paying you compensation. However, the tour operator may tell you to complain to the company which provided the transport or accommodation.
If the tour operator fails to deal with your complaint you should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
There are special rules covering delays and diversions to flights from airports in the European Union. These rules also apply to flights from airports outside the European Union, but flying into a European Union airport, on a European Union airline.
If the rules applying to EU flights do not apply, you may still be able to get compensation for delays and diversions. You will need to check with your airline whether any compensation is available for your particular circumstances.
For more information about delays and diversions to all flights during air travel, see the Air Travel Advice section on the Air Transport Users Council website at: www.caa.co.uk.
Always check your holiday insurance as this may include cover for delays or missed travel connections.
If your travel is delayed on a package holiday, the travel company or tour operator must follow the arrangements set out in the travel brochure to cover delays. If these arrangements are not followed, you may be able to claim compensation. This could include a refund of any money you have paid and, in some cases, compensation for extra losses.
You may not be entitled to compensation if the delay to your travel was caused by:
The travel company or tour operator may try to deny responsibility for the delay or dispute the amount of compensation. If this happens, you should see an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
Your holiday may not be as you expected because of:-
If the holiday is not as you were led to believe, you will be able to claim compensation.
However, If the holiday was not as you expected because it was different to publicity material you have seen or to an advertisement, you may be unable to claim compensation. This is because publicity material and advertisements do not form part of the contract you made with the holiday company when you booked your holiday.
Descriptions of holidays must be full and accurate. If the description of your holiday was not an accurate one, an offence may have been committed under the Trade Descriptions Act and you should complain to Consumer Direct on 08454 04 05 06.
If you booked a package holiday and it is significantly different to the one you were expecting, your tour operator must make efforts to put things right as soon as possible. This could include, for example, offering you alternative accommodation where this is possible. If this is not possible, you should be given free transport to a place from where you can make your own way home, for example an airport or a railway station. If you have to make your own way home, you may be able to claim compensation from your tour operator for the extra costs involved.
If the tour operator did not make efforts to put things right as soon as possible, or you were not happy with the alternative arrangements offered, you may be able to claim compensation. This could be, for example, for the difference in cost of the accommodation you were given, if it was of a lower standard, or it could be for disappointment and inconvenience you have suffered.
You may not be entitled to compensation if the reason your package holiday was not as expected was because of:
If you are injured or become ill during your holiday, you may be able to claim compensation to cover your losses.
If you booked your holiday through a company which is an ABTA member, you may be able to claim compensation through one of the schemes run by ABTA.
If you have a claim for a minor illness or injury, you can make a claim through ABTA's independent arbitration scheme. You can be awarded up to £1,000 per person through this scheme.
If you want to make a claim for a serious personal injury, there is a separate ABTA mediation scheme called RAPID which you can use. There is a fee for using this scheme, but this will be refunded if your claim is successful. The deadline for applying to use the service is nine months from the end of the holiday.
For more information on ABTA's independent arbitration scheme, see the ABTA website at: www.abta.com.
For more information on ABTA's RAPID mediation scheme, see the ABTA website at: www.abta.com.
For more information about ABTA, see under heading Further help.
For more information on claiming for personal injuries or illness, in England and Wales, see Personal injuries. In Scotland, see Personal injuries.
The protection you have if the holiday trader goes out of business will depend on the type of holiday you bought.
If you booked a package holiday which includes air travel you will be protected by the Air Travel Organiser’s Licensing (ATOL) scheme. This means that:
To find out how to make a claim under the ATOL scheme, go to: www.atol.org.uk.
If you booked a package holiday which does not include air travel, the organiser must be able to:-
If the organiser is not able to do one of these things, you should complain to Consumer Direct on: 08454 04 05 06.
If you have difficulty getting your money back after a holiday trader goes out of business and you paid for your holiday by credit card, you can also make a claim against your credit card company. You should check whether you are covered under your travel insurance policy.
For more information about claiming against a credit card company see Credit.
For more information about claiming against your insurance policy in England and Wales, see Travel insurance, in Consumer fact sheets.
If you bought an airline ticket which is not part of a package holiday and the airline goes out of business, you may be able to use the ATOL scheme to get your money back or continue your holiday. However, this will depend on from whom you bought the ticket and when the ticket was issued – see Package holidays with air travel, above.
For more information about what happens when an airline fails, see Air travel advice.
If you paid for your holiday by credit card, and it cost more than £100, you may be able to make a claim against the credit card company.
For more information about claiming against a credit card company see Credit.
You should also check whether your travel insurance policy covers you if your holiday trader goes out of business.
For more information about claiming against your insurance policy, see Travel insurance, in Consumer fact sheets.
Some holiday traders are members of trade associations, which operate schemes to help the holiday-maker if the holiday trader goes out of business. To find out if your holiday trader is a member of a trade association, for example the Association of British Travel Agents (ABTA) or the Rail Passengers Council (see under heading Further help), you should look through any written documentation you have about your holiday for a logo, or for any information about the association.
Claiming compensation when a holiday firm has gone out of business can be difficult and you will need to see an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
The Foreign and Commonwealth Office (FCO) can advise you about the safety of foreign travel. You can get advice from the FCO travel advice unit on 020 7008 0232, or by looking at the FCO website at www.fco.gov.uk.
If you have had property lost, stolen, or damaged while staying in a hotel in the United Kingdom, you may be able to claim a limited amount of compensation. This is usually £50 for one item, and £100 in total. A notice saying this should be on display in the entrance to the hotel. If your losses are more than this, you should see if you can make a claim on your travel insurance.
There are some circumstances where you may be able to claim more than this limited amount. For more information you should see an experienced adviser, for example, at a Citizen Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
If you have had property lost stolen or damaged while on holiday abroad, your rights will depend on the law of the country where you are staying. Claiming compensation abroad is difficult and expensive, and you should consider claiming on your travel insurance instead.
If you have had luggage lost stolen or damaged during your journey, you should consider making a claim against the travel company, for example the coach or train company. It is important that you report the problem to the travel company as soon as possible. Alternatively, you could consider claiming on your travel insurance.
Special rules apply to problems with luggage during air travel.
For more information about how to make a complaint about problems with luggage during air travel, see Air travel advice.
For more information about claiming on your insurance policy in England and Wales, see Travel insurance, in Consumer fact sheets.
If you have been discriminated against on the grounds of your sex, sexuality, religion, race or disability when you have been provided with services on your holiday, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
In most cases, the way to resolve your holiday problem when things go wrong will be to ask the trader for financial compensation. If you have not yet taken the holiday, you may be able to cancel the holiday and ask for a full refund.
If the holiday was a package holiday, anyone who went on the holiday can make a complaint - it does not have to be the person who made the booking.
If your holiday was not a package holiday, usually only the person who booked the holiday can complain. If you did not book the holiday yourself, you should ask the person who made the booking to make the complaint.
You should complain to:-
You should also copy details of your complaint to the travel agent (if you used one), the Advertising Standards Authority if the complaint is about an advert (see under heading Further help).
If you paid by credit card and the holiday cost more than £100, you can also make a claim against the credit card company, so you should copy your complaint to them.
Complain as soon as possible after discovering the problem. If the problem arose while you were on holiday it will help if you can show you complained at the time. Always write to the holiday trader you are complaining to even if you previously telephoned. The letter should include details of the following:-
Keep a copy of the letter, and originals of any relevant documents and photographs.
For more information about how to make a complaint about a package holiday problem in England and Wales, see Package holidays in Consumer Fact Sheets.
If you are unsuccessful in resolving your holiday problem after complaining to the trader, you may wish to consider using an arbitration or mediation scheme, such as those operated by the Association of British Travel Agents (ABTA) or the Association of Independent Tour Operators (AITO). This type of scheme is called an alternative dispute resolution scheme – see under heading Further help. Your only other option is to consider taking court action.
For more information about using alternative dispute resolution schemes, in England and Wales see Alternative Dispute Resolution in Consumer Fact Sheets. In Scotland, see Alternative Dispute Resolution in Consumer fact sheets.
For more information about taking court action, in England, Wales and Northern Ireland, see Small claims.
For more information in England and Wales, see Starting court action in Consumer Fact Sheets.
If you want to take court action you will need to see an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by E-Mail, click on nearest CAB.
There are several organisations which can give you advice about finding a holiday if you have special needs or requirements.
Holiday Care provides holiday and travel information, support and a booking service for older people and people with a disability. You can contact them at:
Holiday Care Information Unit
7th Floor
Sunley House
4 Bedford Park
Croydon
CR0 2AP
Tel: 0845 124 9971
Fax: 0845 124 9972
Email: holiday.care@virgin.net
Website: www.holidaycare.org.uk
Disabled Persons Transport Advisory Committee (DPTAC) - Door to Door
Door to Door gives information on travel and transport options for disabled people. Their website is www.dptac.gov.uk. It includes a section specifically about holidays.
30 Park Street
London
SE1 9EQ
Tel: 020 3117 0500
Fax: 020 3117 0581
Email: abta@abta.co.uk
Website: www.abta.com
Travel agents and tour operators who are members of ABTA must follow the ABTA code of conduct. This means you should expect to get a good service from the company, and can make a complaint if you don't.
For more information on how to make a complaint about an ABTA member, see the Travel Problems section of the ABTA website: www.abta.com.
133a St Margaret’s Road
Twickenham
Middlesex
London
TW1 1RG
Tel: 020 8744 9280
Fax: 020 8744 3187
Email: info@aito.co.uk
Website: www.aito.co.uk
Some tour operators are members of AITO, and AITO has an independent mediation service which you can use to resolve a complaint with a member firm. If you want to use this service, there is a non-refundable fee.
Room K201
CAA House
45-59 Kingsway
London
WC2B 6TE
Tel: 020 7240 6061
Fax: 020 7240 7071
Email: admin@auc.caa.org.uk
Website: www.auc.org.uk
Complaints about air travel can be sent to the AUC, for example, about the standard of service on a flight. AUC can put pressure on companies to resolve disputes.
4th Floor
Walmar House
288-292 Regents Street
London
W1R 5HE
Tel: 020 7436 2449
Fax: 020 7636 9206
Website: www.psa-psara.org
The PSA runs a conciliation and arbitration scheme to protect customers who have booked cruise holidays that do not included a flight. The Association cannot deal with general complaints until the conciliation or arbitration service is used. The PSA also runs a bonding scheme to protect customers where the shipping company goes out of business.
Whittles House
14 Pentonville Road
London
N1 9HF
Tel: 020 7713 2700
Fax: 020 7713 2729
Email: info@railpassengers.org.uk
Website: www.railpassengers.org.uk
Complaints about a rail operator should first be made to the relevant rail operating company. If it is not dealt with satisfactorily, the complaint can be referred to the Secretary of the local Rail Passengers’ Committee (RPC), who can take the matter further. There are eight RPCs nationwide, and the address of a local Rail Passengers’ Committee can be obtained from the Rail Passengers’ Council (above). The council does not cover rail services in Northern Ireland (see below).
Imperial House
15-19 Kingsway
London
WC2B 6UN
Tel: 020 7240 3131
Fax: 020 7240 6565
Email: bch@cpt-uk.org
Website: www.bondedcoachholidays.co.uk
Bonded coach holidays runs a scheme to protect customers who have booked a package holiday which includes coach travel. The schemes ensures that you will get either your money back or alternative transport if your coach company goes out of business. There are also conciliation and arbitration schemes to deal with complaints against member firms.
Imperial House
15-19 Kingsway
London
WC2B 6UN
Tel: 020 7240 3131
Fax: 020 7240 6565
Email: cpt@cpt-uk.org
Website: www.cpt-uk.org/cpt
The Confederation of Passenger Transport runs a bonding scheme to protect customers who have booked a package holiday, which includes coach travel. The bonding scheme ensures that you will get your money back if the coach company goes out of business. The Confederation also runs a conciliation and arbitration scheme to deal with complaints against member firms.
Consumer Affairs Officer
General Consumer Council for Northern Ireland
Elizabeth House
116 Holywood Road
Belfast
BT4 1NY
Consumerline: 0845 600 6262
Tel: 028 9067 2488
Fax: 028 9065 7701
Email: info@gccni.org.uk
Website: www.gccni.org.uk
Complaints about a rail operator in Northern Ireland should first be made to the relevant rail operating company. If it is not dealt with satisfactorily, the complaint can be referred to The Consumer Affairs Officer of the General Consumer Council for Northern Ireland.
PO Box 6410
Birmingham
B36 0HF
Tel: 0121 747 8100
E-mail: information@holidaytravelwatch.com
Website:www.holidaytravelwatch.com
Holiday Travel Watch is an organisation which offers advice and help to people who have had problems with holidays run by UK tour operators.
If your holiday does not match the description in the holiday brochure or newspaper advertisement, you can complain to the Advertising Standards Authority. The ASA cannot award compensation but can take action to have a brochure or advert withdrawn or changed so that it does not mislead others. For further information contact the ASA enquiry desk on: 020 7492 2222.
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