Getting compensation for holiday problemsFAQs

Special requirements

I booked a holiday and specifically requested a room on the ground floor for my elderly mother. But when we arrived her room was on the second floor. How do I complain?

A holiday company is not bound to honour any special requests, for example, that your room has a sea view. However if you have a specific requirement that is essential to your booking, such as a ground-floor room for an elderly relative, you need to make it a condition of your holiday contract when you book.

Make sure it is written on your booking form (but not in the ‘special requests’ section) and made part of your contract. If you did this, then the contract has been breached, and you can pursue a claim against the holiday company for not providing the holiday that you were promised.

Facilities not provided

I booked a family holiday with a travel agent and the hotel was described as having a children’s play area and two swimming pools. But when we got there the play area and one of the pools were closed for refurbishment. Can I get compensation?

When you book a holiday you have a right to expect it to meet any description given in the brochure. If descriptions are not met then the holiday company that produced the brochure is in breach of the Package Travel Regulations, and you can claim compensation from it for your loss of enjoyment or inconvenience.

You have a duty to minimise your loss – this means that you should raise the problem as soon as possible while you are on holiday to give the company a chance to move you or put things right.

If you did this but your complaint was not resolved to your satisfaction then you should write to the tour operator as soon as you return home. Explain the problem and ask for compensation. If you are not happy with its offer then you can take your case to the small claims court.

Responsibility for food on holiday

I suffered food poisoning from food I ate in our holiday resort. Who is responsible? The hotel or the holiday company?

If you were on a package holiday the Package Travel Regulations make the holiday company liable for any negligence of the hotel. So if you become ill by eating contaminated food at a hotel you can sue the holiday company in this country, rather than having to pursue a claim against the hotel.

You should also seek legal advice – sometimes if a number of people become ill solicitors will bring a joint claim called a ‘class action’ to get compensation.

Price rises

I paid £1,000 for my partner and myself to go on a package holiday to Spain. But the holiday company contacted me a week before my holiday and said that prices had increased and I had to pay an extra £100 each before travelling. Can they do this?

Once your holiday has been confirmed the tour operator can only increase the price of your holiday if the booking conditions state that this is allowable and the increase is because:

• transport costs, for example, fuel have increased
• fees and taxes for services, such as landing fees have increased, or
• the exchange rate has changed.

Travel agent goes bust

The travel agent I used to book a package holiday to Corfu has recently gone into receivership. Does this mean I’ve lost my holiday?

No, your contract was with the holiday company and the travel agent was simply acting as its representative. Assuming the holiday company is still in business, then your holiday plans shouldn’t be affected. Contact the tour operator to make sure they have your contact details and everything is OK.

Airline collapses

The airline I booked my flight with has collapsed, how can I get my money back?

Your chances of getting your money back will depend on how you paid:

• If you paid for your flight with a credit card, you can claim the money back from your card provider under Section 75 of the Consumer Credit Act. This covers all purchases from £100 - £30,000.
• If your flight was part of a package holiday then you can claim the money back from the tour operator you booked through. If you have been left stranded by the cancellation of your flight, then it is the tour operator’s responsibility to make alternative arrangements for you.
• If you have travel insurance, check your policy as some cover the loss of scheduled flights.
• If you paid for your flight using a Visa debit card then contact your current account provider. They will then attempt to recover the money for you.