by Most vacationers have a great time and come home rested, relaxed and at ease. But what if you have to complain, what if things go wrong – your hotel room overlooks a motorway, your escorted tour misses half of the promised visits, or, oh my God, the water is in your villa’s pool bright green?
Here’s our guide to making an effective complaint, and, if that doesn’t work and there’s no holiday ombudsman, other ways to take things further to ensure you get proper compensation.
While on vacation
1. Speak up immediately
Notify the operator, agent, hotel or villa owner as soon as you have a problem or complaint. They may not realize that something is wrong, and if you don’t give them a chance to make it right, you’ll be on weak ground if you decide to claim compensation later.
2. Be friendly and reasonable
Not only will you stand a better chance during a court or mediation process if you come across as calm and reasonable, but you’ll be more likely to resolve the situation before it derails your vacation. At least in the early stages of a dispute, confrontation is probably counterproductive.
3. Keep a sense of perspective
How bad is it really? Holidays are rarely perfect, and one little thing blown out of proportion can ruin them unnecessarily.
4. Keep the evidence
If it is a serious problem, you will need written, photographic and video evidence, and, if appropriate, the contact details of witnesses. This could be very important if you have to take your case to court or arbitration.
When you get home
You were reasonable; you complained, but nothing was done, and now it’s over, you want to take the matter further. Here are your options and some key rules for making the most of them. Be assertive, don’t be swayed by offers of discounts on your next holiday, and remember that companies will often hold out until the last minute – the threat of legal action.
You have the best rights of redress on a package holiday because the tour operator has made clear promises when you booked the holiday and owes you a duty of care. If he breaks either of those promises, you have a lawsuit.
1. Act early
Write to the operator stating your complaint and what redress you are seeking as soon as you get home. Include evidence, witness statements to make it clear that you are able to support your case.
2. Keep it simple and unemotional
Focus only on the main issues and why the conditions of the contract or booking were breached. Long rambling letters detailing every problem are counterproductive. If you need help contact Citizens Advice, or talk to a friend who really tries to see both sides, it might help.
3. Know what you want
Whatever compensation you claim must be reasonable and based on a clear proportion of the original cost of the holiday. It is very rare to get the full cost back. If personal injury or third party liability is involved, seek advice from an attorney – some firms offer a free initial consultation. In a few cases, we are able to help readers – email asktheexperts@telegraph.co.uk with details of your case and your name, address and contact number.
How to complain to private owners
If you have rented a villa or other accommodation directly from a private owner, if you have booked a hotel directly in a foreign country, or if you have made any kind of independent holiday arrangements and paid in advance, the chances of you will find satisfaction from a reluctant owner. – and probably not worth following up on. Your best bet is to try the local tourist office while you’re still on holiday, and see if they push at all.
In Britain you have the option of small claims court (see below) if you feel that a privately booked hotel, B&B or self-catering accommodation is substandard and you cannot get satisfaction. But it might be just as effective to contact, or threaten to, the local or regional tourism board responsible for grading the accommodation. If the property is not graded by the tourist authorities, but listed in a guidebook, that is another way you may be able to get leverage.
How to take holiday complaints further
Do not rush into legal action or arbitration. All such services require you to make a reasonable effort to resolve the issue first. However, if you truly believe you have a case, and you are being thrown a low bid or stonewalled by an unsatisfactory travel company, these are your main formal options for pursuing a claim and to force a solution to the dispute.
Small claim track
The small claims track is a relatively quick, simple and informal way of taking your case to the county court, it is designed to keep costs down and avoid the need for a solicitor. However, it may take several months between the issue of the proceedings and a final judgment, and even then you may need to take further action if the travel company you are traveling with refuses any compensation order from pay court. So it is not an option to be taken lightly.
The court deals with claims of up to £10,000 (£5,000 in Scotland and Northern Ireland). Fees vary according to the size of the claim, but are capped at £455. Full details here. Which one of them? very good guide to using the court on their website.
Abt arbitration
If your tour operator or travel agent is a member of Abta – the trade body that represents tour operators and travel agents – you can use its Alternative Dispute Resolution process. It’s generally cheaper than the court system, and it works entirely on documentary evidence, so you won’t have the opportunity to put your case in person, like in court, and you’ll have to be confident that you can make your case. put right. writing. The first stage, which takes up to 50 days, is free and is an attempt to mediate between you and the company. But if you are not satisfied with the result, you can go on to step two, which is a formal arbitration scheme administered by an independent body.
The arbitrator’s decision is binding on both parties and costs £108 for a claim up to £7,500, and £135 for a claim between £7,500 and the £25,000 ceiling. Note that if you lose, you may have to pay it again (£108 or £135) to the tour operator in question.
AITO dispute resolution service
Members of the Association of Independent Tour Operators (mostly specialist companies who may or may not also be members of Abta) subscribe to a mediation service run by an independent company (Dispute Settlement Services Ltd), although you can arbitrator also choose another approved. . It makes its decision based on documentary evidence provided by both parties. He can also talk to both parties on the phone. The cost to the customer is £140. Maximum compensation is limited to £5,000 per individual or £10,000 per booking. Details are on the AITO website.
Get more advice on how to claim compensation if your flight has been canceled or delayed.
