If you feel you’ve been misled by a travel agent or tour operator, don’t suffer in silence. Use this template letter to make a claim.
Reference: [booking number]
I have just returned from the above holiday [dates, location, hotel etc] as described on [page ...] of your [month/ year] brochure.
The hotel was misleadingly described. It purported to be [describe from brochure] but I experienced the following problems [give details]
My complaints to the hotel management and to your representative were fruitless.
Your failure to mention [give details of issue] in the brochure description is misleading, and in law amounts to a misrepresentation.
The brochure’s description was embodied in our contract and as the description was inaccurate, you are also in breach of contract.
I hold you responsible for the failures in this contract and in doing so invoke your responsibilities under the Package Travel Regulations 1992 and in particular Regulation 4 which provides that:
No organiser or retailer shall supply to a consumer any descriptive matter concerning a package, the price of a package or any other conditions applying to the contract which contains any misleading information
Furthermore, Regulation 5 sets out the requirements as to brochures. In particular, the brochure must be legible, comprehensible and accurate.
The regulation applies to both tour operators and travel agents and failure to comply is a criminal offence.
I am legally entitled to receive compensation from you for the disappointment and loss of enjoyment suffered, and for the additional costs incurred.
As a result of the problems described above, I incurred the following expenses [give details].
As detailed within the Abta Code, I expect to receive an acknowledgement of this letter within 14 days.
I then look forward to hearing your response within 28 days of the receipt of my letter as to how you intend to resolve my complaint.
If within 14 days you have not made a reasonable offer of compensation, I will inform the Abta Code of Conduct Committee, as to my concerns and how my subsequent complaint was handled.
I will also report the matter to my Local Trading Standards Department.
Additionally, I may issue proceedings against you without further notice and this may increase your liability for costs.