How you resolve your holiday problem will depend on whether your holiday is a holiday package or one booked directly with the providers of your transport and accommodation. If you've booked a package holiday, you'll have extra rights.
Package holidays are regulated by the Package Travel, Package Holidays and Package Tours Regulations 1992.
A package holiday consists of 2 or more elements that are sold together at an inclusive price, such as transport and accommodation.
Your holiday is likely to be a package holiday if it:
Your holiday is unlikely to be a package holiday if you booked all the elements of it with separate providers, e.g. you booked the flight directly with the airline and the accommodation directly with the hotel.
The contract with the travel company can be made up of several documents, such as a document confirming the booking and information given in a brochure or by the travel agent.
Usually, a tour operator will provide a package holiday of the type and quality described in the brochure. However, if they don't, and you make a claim based solely on the brochure or promotional materials, you could be unsuccessful. If it ends up in court, the judge will consider the claim based on what a reasonable person's expectation would be.
Once your booking has been confirmed, there is a binding contract between you and the tour operator and it can't then be cancelled without breaking the contract. If the booking hasn't been confirmed, there is no contract and either you or the tour operator can cancel the arrangements.
If the tour operator cancels
If the tour operator cancels your package holiday, you can:
If you cancel
If you cancel your holiday, for example, because of ill health, you'll usually lose your deposit or pay a cancellation charge as you have broken the terms of the contract.
The contract will usually say whether a cancellation fee has to be paid, and will give the amount or a way of working it out. If the contract doesn't allow cancellation, you'll be liable to pay any losses the tour operator might have. Check to see whether your travel insurance covers the cost of cancellation.
Be aware that stopping any payments could result in the tour operator seeking compensation and possibly taking court action.
The contract with the tour operator must contain details of the price of the holiday and the circumstances under which the price can be increased.
After you have bought a package holiday, the price can only be changed if all of the following apply:
If the conditions are met and the increase in price is 10% or more, it's likely that you'll be able to either choose an alternative holiday or cancel it, as this would be regarded as a major change to your holiday.
It's 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've been given is misleading, you should complain to the, who can report criminal behaviour to your local authority trading standards service.
A package holiday can only be changed from its description in the brochure when:
If you don't agree to the change, you can cancel the contract, as it would be broken. You may be able to claim compensation for any financial loss you've suffered as a result of cancelling the holiday, and possibly for loss of enjoyment.
If the tour operator has to significantly change your package holiday before you go away, e.g. a change to the departure date, you must be told as soon as possible. You'll then have the following options:
You may still be able to claim compensation if you accept the change either 'under protest' (accepting the change reluctantly or after having objected to it) or because you have little choice. If you don't accept the change, you can cancel the holiday, but will only be entitled to compensation over and above your refund if the change means you'd be financially worse off.
The Air Travel Organisers' Licensingscheme is a financial protection scheme managed by the Civil Aviation Authority. All companies selling holiday air packages and air flights in the UK must hold an ATOL licence.
The ATOL scheme ensures that consumers who book with an ATOL licence holder for an air holiday package or a flight don't lose their money or aren't stranded abroad if the operator goes out of business – either before you travel or while you're on holiday.
You should always ask for an ATOL confirmation certificate so that you'll be protected, regardless of whether the ticket has been issued or not. It'll also establish whether the tour operator or air travel firm has a licence under the ATOL scheme.
If you booked a package holiday that doesn't include flights, and the tour operator goes out of business, the tour operator must:
If you have difficulty getting your money back after a tour operator goes out of business, and you paid for your holiday by, you can make a claim against your credit card company. Alternatively, check whether you're covered under your .
If you're 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 that is a member of the Association of British Travel Agents (ABTA), you may be able to claim using one of theit runs.
Thecan advise you about the safety of foreign travel.
There are no special rules on luggage problems in the context of package tours.
For information about problems with luggage, see.
If something goes wrong once you've arrived at the destination, you should do as follows:
If you've complained to the agent or tour operator and aren't happy with their response, find out if the company is a member of a travel association. These have arbitration procedures for customer complaints.
Seefor more information on travel industry consumer bodies.