Package Holidays and Your Rights
If you book a package holiday through a tour operator or travel agent, you generally have more protection than if you book flights and hotels separately. The Package Travel and Linked Travel Arrangements Regulations 2018 set out what counts as a package and what the operator is responsible for.
If something goes wrong with your trip, from cancelled flights to substandard hotels, you can quickly find out what compensation you may be entitled to using our free Holiday Rights Checker.
A package holiday is any combination of at least two of the following booked together: transport, accommodation, car rental, or a significant tourist service such as a guided tour. Booking a flight and hotel together on the same website usually counts as a package, and the organiser is legally responsible for the whole thing.
This matters because if something goes wrong, such as the hotel not matching the description, a flight being cancelled, or the company going bust, the tour operator is the one you deal with. You do not have to chase the airline and the hotel separately. You may also have a claim under the Consumer Rights Act 2015 if the service was not delivered as described or not carried out with reasonable care.
Financial Protection
Tour operators selling package holidays that include flights must hold an ATOL (Air Travel Organisers' Licence), managed by the Civil Aviation Authority. If the company goes bust before you travel, ATOL covers your refund. If you are already abroad, it covers the cost of getting you home. You should receive an ATOL certificate when you book, and it is worth checking you have one.
Many operators are also members of ABTA (the Association of British Travel Agents), which runs its own protection scheme covering packages that do not include flights. If you book with an ABTA member and the company fails, ABTA will arrange a refund or, if you are already on holiday, make sure you can finish the trip.
If you are booking with a company you have not used before, check whether they hold an ATOL licence on the CAA website and whether they are an ABTA member on the ABTA website. If they have neither, think carefully before handing over your money.
Describe what went wrong with your holiday and find out what you can do about it.
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If something is not right, such as the hotel room not being as described, facilities missing, or the standard being poor, raise it with the tour operator's representative as soon as you can. Give them a reasonable chance to put it right. If they cannot, ask for the complaint to be logged formally.
Take photos and video of the problem. Keep receipts for any extra costs you have had to pay because of it, such as meals if the hotel restaurant was closed, or a taxi to an alternative hotel. Keep a written note of what happened and when, including the names of anyone you spoke to.
When you get home, write to the tour operator within 28 days (check your booking terms for the exact deadline). Set out what went wrong, what you want as compensation, and include copies of your evidence. Keep the originals. Be specific and reference the booking terms where relevant. If their response is unsatisfactory, you can escalate through ABTA's dispute resolution service or take the matter to court through the small claims process.
Booking Independently
If you book flights, hotels and other elements separately, you are not covered by the Package Travel Regulations. Each booking is a separate contract with a separate company. If the airline cancels your flight, that is between you and the airline. If the hotel is not as described, that is between you and the hotel.
This generally means less legal protection, but some protections still apply. If you book a flight departing from a UK airport, or arriving in the UK on a UK carrier, you have rights under UK261 (the UK version of the EU flight compensation regulation) if the flight is cancelled or significantly delayed. If you paid by credit card for any booking over £100, Section 75 of the Consumer Credit Act makes the card provider jointly liable, which can be a lifeline if a company goes bust.
Travel insurance is particularly important for independent bookings. A good policy should cover cancellation, medical expenses, lost luggage, and the cost of alternative arrangements if a supplier fails. Read the policy carefully before you buy, paying attention to coverage limits and exclusions. Not all policies cover supplier failure, so check that specifically if it matters to you.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
If the Company Goes Bust
If a tour operator with ATOL protection fails, the CAA will step in. If you have not yet travelled, you should get a full refund. If you are abroad, they will arrange for you to finish your holiday and get home.
If you booked independently and the airline or hotel fails, check whether you paid by credit card (Section 75 claim) or debit card (chargeback through your bank). Travel insurance may also cover it, depending on your policy wording.
If you booked through an online travel agent rather than directly with the airline or hotel, check who the actual contract is with. Some online agents act as agents for the supplier, meaning your contract is with the airline or hotel directly. Others are the principal, meaning the contract is with the agent. This affects who you can claim against.
Before You Book
- Check the company holds an ATOL licence or is an ABTA member before you pay
- Pay by credit card where possible, especially for amounts over £100
- Read the cancellation terms before you book, not after
- Take out travel insurance early, ideally as soon as you book, so cancellation cover starts immediately
- Keep all confirmation emails, booking references and receipts in one place
There was no mention of the pool being dirty and unusable when we booked it in February.
Can we claim any compensation or do we have any rights as this is seriously affecting our enjoyment of the holiday.
Tried to ring them and no one there so we have sent them a message on the on line form.
Not sure why but we both checked before we sent the deposit.
Basically I am gettin married in Florida in September this year at hard rock hotel. I went to Thomas Cook to book this instore as I've booked with them last few years and they had a deal on for bonus 2 park ticket when booked and stayed in Rosen inn. I knew before I went in that hard rock was were I wanted to get married but unfortunately they didn't do that package wedding but the girl assured us of all our ways to do this and book direct with hard rock and holiday side with them and she would give us the extra kilo for dress and everything else that you get with wedding package except venue of course. She was amazing at continually advising us constantly in how they could accommodate us like a wedding package. End up we actually booked a signature holiday with them at a villa for my partner, myself and 3 kids. Also booked my mum, dad, nephew and niece in to Rosen inn, and we would all get the bonus park ticket. The Rosen inn stated Rosen inn international and I said constantly that as long as this was the one across from wonderworks as I had only ever known it to be Rosen inn at point but again she had continually to assure me it was. Unfortunately I had been played in shop, we discovered no mention of park tickets in out booking, no extra kilo and it's not the Rosen inn across from wonderworks, I was right that she was incorrect. I did go into store and got absolutely nowhere as they said that this wasn't the case and basically nothing I can do except add on tickets to my booking, add on extra kilo for dress and pay extra for Rosen inn across from wonderworks. I was completely devastated and because it's my wedding and getting nowhere we took this on the chin. But the horror has continued as I now have 30 friends and family who have all booked up and have our ref so they get same hotel and they are all over the place, this is a problem as it will cost me more money for my coach to pick up at all different hotels for wedding. Please advise on what I should do.
my travel company have not advised me of the hotel's new ownership and are very unhelpful. They want a min £400 for two of us to change hotel (similar 4.5*hotel). What are my rights please? Should they not offer me a hotel of the same category without a price increase? I booked the holiday in good faith
Thank you
I have an holiday flat in Brighton , and I am very fed up to see that everybody is after some compensation.Some guests are trying to find any detail , even a small crack on the wall and take pictures with their Iphone: and say me I will go to a small Claim Court if you don't refund me 50% because this is unacceptable for a flat, if the neighbor make some noise :your neighbor was drilling ,we want our money back....Other guests abuse from everything : they spend too much water , too much gas , too much electricity because they think it is not their home , they will not pay for the bills For example , they pay 125 pounds for a night for 8 person, and everyone want to fill a big bath with hot water , so my bill is finally highter than if everyone would take a normal shower ...Some guests doesn't respect my flat because they think they have pay, they have all the rights of the world : so they leave their vomit on my floor , block my loo with too much paper and so on !!
What protection , there is for the owner of the flat ? I think owners of holiday accommodation are easy target , everyone in the UK have on the top of their mouth "legal procedure" and "claim"...Plus I live in Spain , and my flat is in Brighton , If someone really report me to the Court , how would I know it and be able to go?I would like to creata website to report bad guests for self catering accommodation, would it be legal to write comment about how behave some guest, and the risk that there is to rent your accommodation with them?
Thank you in advance.
I booked accommodation for a friends wedding in Dorest over the phone. As it was less then 6 week in advance we were asked to pay in full. Which we did however, when we received the confirmation slip the date was incorrect and the company have been very rude on phone and refuse to move the date, as they are fully booked for the following weekend (the weekend we need). They promised to call us back but havent.
What are our rights...... this weekend is not use to us at all my husband is working. I at the hen do in london!!!!
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