Travel…know your rights

A client guide around travel law

Despite competition, holidays are not cheap. Some of us save for many years for that ‘once in a lifetime’ holiday or a special event such as a honeymoon. The most important factor that differentiates a holiday from any other product is that you cannot see it, experience it or inspect it before you buy it. If it all goes wrong you cannot take it back to the shop and exchange it for another one. You can only rely, therefore, on what you are told over the phone or by a travel agent or what you see from a holiday brochure or over the internet.

When things go wrong what is your redress and what should you do?

Who is responsible for the holiday and what can you do to avoid some of the pit-falls?

Unless you organise your own holiday arrangements your holiday contract is usually with the tour operator and not with the travel agent as most people think. However, both the tour operator (and the travel agent) can be liable under the Package Travel, Package Holiday and Package Tours Regulations 1992.

For Financial Protection, check that your travel agent or tour operator is a member of ABTA or ATOL or similar organisation.

Check well in advance all holiday documentation, flight tickets, dates, passports, innoculations, visas (if applicable) and holiday insurance. Remember, the people that book your holiday are human and mistakes can (and do) happen.

What should you do in a resort when things go wrong?

Whatever the problem, it is important to bring it immediately to the tour operator’s notice or report it to the local representative. If you wait until you arrive home before you complain, you could technically be in breach of contract.

If your complaint is acknowledged by the representative, obtain proof by getting a copy of the complaint form. Record dates and times and make a note of any persons (hotel managers, staff and representatives) that you speak to.

Take photographs or a video. This is crucial if you feel you have a complaint. Retain receipts if you incur unnecessary expense.

If you are ill or have an accident, try and obtain medical evidence. If you are too ill, try and get a friend or relative to get this information for you. Make sure you get names of any doctors who treat you and the address of the clinic or hospital.

What should you do when you arrive back in the U.K.?

You must immediately put your complaint in writing to the tour operator. The booking conditions usually specify a time limitation in which to register your complaint with them. It may be anything from 6-8 weeks from the date that you return to the UK.

How much compensation should you expect?

Generally, if you wish to recover damages under the holiday contract then you can sue the tour operator for breach of contract.

It is possible to bring a claim for what is known as “loss of bargain” i.e. what you actually received compared with what you contracted and paid for.

In holiday contracts, the law has recognised a claim for loss of enjoyment. This may include anxiety, distress and inconvenience. This is especially important in respect of holidays involving honeymoons and anniversaries.

You may also be able to claim out of pocket expenses, for example, the cost of a taxi fare when airport transfers have not been provided.

In many situations it is a case of negotiating with your tour operator a level of compensation. Remember though, that a tour operator is a business and it will not pay any more than it has to. If you feel particularly aggrieved and feel that you are getting nowhere, you should have the choice of pursuing your case through the Court system; however, the standard booking conditions may provide otherwise.

What Thomas Dunton can do for you

We have a team of specialist lawyers who take pride in giving straightforward legal advice to their clients.

We will do our best to advise you and to ensure that everything proceeds in your case as smoothly as possible. Do not at any time be afraid to ask questions. We will give you the clearest information possible about costs and keep you updated about the issues as the matter progresses.