Booking a Holiday - What if it Goes Wrong

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We've all heard of nightmare holiday experiences; after all, they feature regularly in the papers and on TV programmes. But how can you save yourself from the holiday from hell - and what can you do if it happens to you?

Before You Go

What exactly is a package holiday anyway? By law, a package holiday means a holiday including two out of these three items: transport, accommodation and "significant tourist services." Within that, any holiday should be reasonably as described to you (otherwise it's an offence under the Trade Descriptions Act and you can claim compensation), with available (not overbooked) accommodation.

Always make sure you book with a reputable travel agent, one who belongs to ABTA (Association of British Travel Agents) or AITO (Association of Independent Tour Operators). Tour operators which sell package holidays are required to be bonded or use some other method to protect your money. This means, if the company goes bust before you travel, you should be able to get your money back. If you're already abroad on one of their holidays, you'll be able to finish it and get home without having to pay more. Tour operators selling package holidays that include flights must have an ATOL, or Air Travel Organisers' Licence, another consumer protection scheme.

In all cases, responsibility for the tour lies with the tour operator. It doesn't matter if some part of the package, such as a flight, comes from elsewhere. So, whatever the problem, your claim will always be against the tour operator.

Before you sign on the dotted line, remember that there's no automatic right of cancellation. As with all contracts, read everything very carefully first, including all the terms and conditions, before you put pen to paper and never be afraid to ask questions. That said, if the tour operator moves the goalposts by changing the terms of the holiday before you travel, you have the right to a refund.

Problems On Holiday

If things go wrong, talk to the tour rep immediately and give them a chance to put it right. If they can't, ask for a complaint form (you need to do this, or you might not be able to claim compensation)

Did you take a camera? If so, take photos or video to use as evidence. Keep details of the problem and receipts of any expenses you incurred because of it. Once you get home, contact the tour operator immediately. Include copies of your evidence (always keep the originals). Explain what happened and tell them how much compensation you want. If they offer you much less, don't give in; only accept what you think is fair.

If you do not recieve a satisfactory solution, contact ABTA or AITO. They both use independent services to settle complaints. Alternatively, you can take the tour operator to court.

Independent Travellers

Many people prefer to travel independently, booking their own flights and hotels rather than buying a package. That offers freedom, but it also means a lot less protection under the law. If the airline or hotel that you have booked with goes out of business, there will be no one to make other arrangements for you and it is very unlikely that you will receive compensation. You'll need to sort out any problems directly with the supplier of the service (airline, hotel, etc.). Take out travel insurance and make sure it meets your needs.

You should seek independent professional advice before acting upon any information on the ConsumerRightsExpert website. Please read our Disclaimer.

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