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Holiday complaints

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X-Ray production team X-Ray production team | 19:32 UK time, Wednesday, 1 July 2009

How to complain effectively if your holiday is less than picture perfect.

While you're abroad

Whatever problems you encounter, from a filthy room to your resort being a building site, you need make your first complaint at the resort. Talk to the rep and give the company a chance to put things right. If you wait until you get home, you may lose any chance of compensation.

Travel lawyer Mark Harvey suggests that if your rep can't sort out the problem, contact the hotel manager or owner. If they can't resolve the issues, call the tour operator's local office or, in serious cases, its UK head office.

If you incur any expenses due to the problems, don't make excessive purchases and keep receipts.

If other holidaymakers shared your bad experiences, get their names and numbers while abroad and make sure you fill in any questionnaire the holiday company gives out during your return journey.

Gathering evidence

Visual evidence from your holiday can be useful so use any cameras you have including video and mobile phone cameras.

Don't just record the good elements as capturing footage of the problems could prove vital in supporting your case. If you camera has a date facility, use it and get clear pictures - not just close ups but also from a distance.

Once you're home

Instead of phoning the holiday company to complain, write to them within 14 days or any time limits in the brochure. Keep your letter short, clear and stick to the relevant points. Include copies of photographs or video that you have.

It's fine to ask for compensation if you wish to do so, according to Mark, but be realistic. He explained: "Unless the entire holiday was ruined for you, you can't expect a full refund.

As much as 60% of the cost of your holiday might be the actual travelling to and from and if that went OK then you can't expect that part of the compensation."

Use the brochure or website to find the most relevant person or department to write to. If you need help with the letter, ask at your local Citizen's Advice Bureau or contact Consumer Direct. Use first-class post and sent subsequent letters recorded delivery.

If your tour operator is a member of travel association ABTA, they must acknowledge your letter in 14 days and send a detailed response within 28.

If you don't hear back by then, write again including copies of the letters you have already sent. If despite all this you can't get a response, write to ABTA who will look into it for you.

Holiday rights

If you've experienced a bad package holiday, you might consider putting your next holiday together yourself. But beware, the type of holiday you book determines what rights you have. A package holiday can offer more protection.

Mark explained that if you've booked your holiday straight from the brochure, that's probably very obviously a package holiday.

But if you've assembled it on the internet or asked a travel agent to put it together, whether it's a package or not is a tricky question in law. With a package holiday, the Package Tour Regulations afford you several rights.

Mark said: "Everything that appears in the brochure you expect to get. It means getting proper information about your holiday, it means getting proper invoices with clear information about the price of it. And it means if things go wrong, you're able to pursue your claim in this country.

He added: "It means that your holiday is protected financially so if the company goes bust you can still get your money back from ATOL so that you can then go and book another holiday."

Whether you choose a package holiday or not, consider paying by credit card as this will give you extra protection.

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