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Nightmare holiday? You might be able to claim your money back
Your rights if the hotel, food, facilities or tour were not up to the standard promised
Many of us have experienced a holiday that has gone wrong. But did you know it could be grounds for compensation?
If you’ve had to put up with an inferior room, noisy building works or a closed pool, you have rights, especially if it’s a package holiday.
Your tour operator, whether it's Jet2 or Tui, or an online travel agent (OTA) such as Expedia or Loveholidays, is responsible for the performance of the package.
Under the terms of The Package Travel and Linked Travel Arrangements Regulations 2018, you're covered for the hotel, the car hire, the transfers, the tours, the food and just about everything else.
The same regulations apply if you paid for two elements of the same holiday in a single transaction, or you book a secondary service (such as car hire) with a hotel or flight.
Here, we reveal some of the most common scenarios that can ruin a holiday and how to make a successful claim.
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Hotel or holiday accommodation wasn’t as sold
This could mean you booked a sea view suite and ended up with a standard room overlooking the car park. Or you were moved to the hotel’s sister property down the road – a three-star resort, when you booked a four-star.
For any complaint, please report it to your tour operator and the hotel as soon as possible, so they have an opportunity to rectify the issue. It can affect your claim if you don’t voice your disappointment straight away. If the problem isn’t resolved satisfactorily, log any interaction you had with the rep or travel provider and collect evidence, such as photos and videos.
When you get home, you might be able to claim for loss of value under the terms of the package travel regulations: the difference between the value of the holiday you paid for and the one you actually got.
Read our full guide on how to complain about hotel accommodation.
Out-of-pocket expenses you weren’t expecting
Was your hotel advertised as ‘walking distance from the beach’, but in reality, you needed to take a bus to get there? Maybe the promised transfer from the airport didn’t turn up and you had to get a taxi.
Or you paid for full-board only to find that the on-site restaurant was closed every lunchtime.
You can claim back out-of-pocket expenses incurred as a result of a breach of contract, such as extra transport or meals, provided those costs are reasonable. Be sure to keep all receipts for expenses incurred.
The hotel facilities were not as promised
Maybe the only pool or kids’ club was closed for the duration of your stay. Or you arrived to find ugly building works with loud drilling waking you up every morning at 7am.
Your travel provider must warn you of any significant changes that will impact your holiday and provide a reasonable alternative, if necessary. If this doesn’t happen, you may be able to make a claim for loss of enjoyment, as well as the disappointment and distress caused.
The amount you receive is in proportion to the standard of holiday you booked and how much you paid. Special-occasion holidays – such as a honeymoon or anniversary – may also entitle you to more.
The holiday extras fell short
It’s not just the accommodation that your tour operator is responsible for. You may be able to claim for loss of enjoyment if other elements of your package were not up to scratch – for example, if your guide was useless on your included excursion or the tour missed promised and important stops.
Perhaps the rental car you were given was inferior to the one advertised. Your provider must ensure all elements of your holiday are delivered to the standard you were promised.
You fell ill or got injured on holiday
You may have grounds for redress if you contracted food poisoning from the hotel buffet or were injured due to faulty wiring or a wet floor. For personal injury claims, it’s best to seek specialist legal advice. The hotel must have been negligent, and the strength of your claim will depend on the severity of your symptoms, how they affected your holiday and the quality of your life once you returned home.
Take photos or video footage of any unhygienic or unsafe areas and find out if other guests have been affected (they may be able to provide a supporting statement). If you had to pay for medical treatment, include out-of-pocket expenses in your claim.
How to complain about a package holiday
If it was a package holiday, write directly to the company you booked with within 28 days of returning home, including any evidence you have. Persistence is key, and you might need to escalate your complaint to AITO or Abta – if your tour operator is a member – although we don’t recommend using the latter’s alternative dispute resolution because of the £150 fee.
If you paid for your holiday by credit card, you can try making a Section 75 claim with your card provider. Or, as a last resort, consider taking your provider to the small claims court.
See how to complain about your package holiday and use our free complaint tool.
How to claim if your holiday wasn’t a package
If you booked your hotel with a UK travel company, you may have some protection under the Consumer Rights Act. See our guide on how to complain about hotel accommodation. If your reservation was direct with a hotel abroad, you will be subject to that country’s own laws. The EU has similar rules to the UK, and you can try the UK International Consumer Centre.
Which? Travel members have access to free 1-2-1 support for travel issues with Which? Legal after 30 days of membership.