Help for half-term misery holiday makers

26 October 2006

Which? Legal Service has put together a compensation checklist for people who have just got back from a nightmare half-term holiday.

It is expected that millions of people will be flying back from a school break and some will still be fuming from building chaos, non-stop noise and lost luggage.

Which? Legal Service provides over-the-phone legal advice to help people with all sorts of issues, including holiday problems - last year they dealt with 30,000 phone calls. The lawyers have put together a ‘Holiday hell compensation checklist’ and they are offering people a special deal to join Which? Legal Service - six months for the price of three for just £12.75, call 0800 252 1090.

Peter McCarthy, from Which? Legal Service, said:

“Have a half-term ‘holiday hell’ can leave parents can be left exhausted and often people with a case don’t bother trying to get justice from a holiday company. But a bit of persistence can get your compensation.”

Which? Legal Service Holiday hell compensation checklist

1.Had the holiday from hell?

The holiday company is responsibility for providing you with the holiday they promised. If you paid for a ‘peaceful paradise with non-stop entertainment for the kids’ and got unexpected building chaos and no facilities then you should have a case.

2. Didn’t get the kids’ club?

Did you ask for a ‘special request’ and didn’t get it? You will only have a case if you got this in writing. If you just filled out the special requests’ box on the booking form then you probably won’t get compensation.

3. Your luggage is still on holiday?

You’ve probably already reported it to the airline – if not, do it now! There is a time-limit for compensation claims – seven days for damaged and missing bags. If your baggage is lost, delayed or damaged, you can ask the airline to compensate you for the contents. Ideally you will have filled in a property irregularity form before you left the airport. The liability limit for each passenger is currently around £800. There is no time limit for lost luggage but you should write to the airline as soon as possible.

4. Don’t get fobbed off.

Tour operators may try various ‘cop-out’ lines on you – we’ve heard them all! One example is: ‘It isn’t our fault, you should have taken it up with the hotel owner’. Don’t believe them! The holiday company is responsible for all parts of the package regardless of whether they actually provide them or sub-contract to someone else.

5. Don’t get mad, get writing!

Write to the tour operator immediately. If you took revenge by gathering photo and video evidence and collecting details of fellow holiday-makers then top marks. Put down your complaint and send your evidence to the tour operator. If it belongs to the Association of British Travel Agents (Abta) the operator must respond within 28 days.

6. What can you claim for?

There are three basic things:

• Loss of value - the difference between the value of the holiday you got and the one paid for;
• Out-of-pocket expenses - the refund of any reasonable expenses incurred as a result of the operator’s breach;
• Loss of enjoyment – for your disappointment

7. Did you use the credit card?

If you did, great. Your bank will be jointly liable with the holiday company so you can also make a claim to them. You’re covered as long as the holiday cost more than £100 but less than £30,000 (the amount you put on the card shouldn’t be more than £25,000).

8. See you in court – If you’re still not satisfied you can go to the small claims court or arbitration (for example, with ABTA). Remember that decisions at arbitration are binding. Don’t be put off by going to a small claims court. It’s cheap, informal and designed to let people argue their cases without the need for lawyers. If you want support then Which? Legal Service can help.

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