Complaining directly to the tour operator
Firstly, before you can consider any court action or
arbitration, you must complain directly to the tour operator.
Step 1. Compile your complaint - take
photographs, video evidence, witness statements - and clearly
explain to the tour operator how you feel the contract or booking
conditions have been breached.
Do this as early as possible, preferably while you are still on
holiday, to give the operators a chance to put things right.
(If you receive compensation while still on holiday bear in mind
that this would mean you wouldn't be able to reopen your complaint
when you get home.)
Step 2. If you have already returned from your
holiday, or if the problem remained unresolved while you were away,
then put your complaint in writing and send it (along with your
evidence) to the tour operator.
In your letter to the company, state that they are in breach of
the Package Travel Regulations. Tell them that you
demand compensation for loss of enjoyment. Be reasonable and clear
on how you came to the compensation figure you are claiming for.
Your local Citizen's Advice Bureau or Consumer Direct can assist
you in this respect.
Step 3. The company should send you a full
response to your complaint within 28 days. If this response does
not settle the matter (e.g. they reject your complaint, offer you
an unsubstantial sum) then write to them again to let them know you
are not accepting their resolution, and threaten that you will take
the matter to arbitration or the small claims court if things
aren't resolved.
They should send you their final response to you within 28 days.
If the final response is unsatisfactory then you can escalate your
complaint to the relevant travel association.
Step 4. The majority of tour operators are part
of the ABTA - 90% of package holidays abroad from
the UK are booked through its members. You can forward your
complaint to them via the online form on their website and they
will attempt to resolve the dispute.
If no reasonable resolution is forthcoming at this point then
you will be allowed put your complaint up for independent
arbitration.
If your tour operator is a member of the Association of
Independent Tour Operators (AITO) then your complaint goes
straight to the arbitration stage.
Claims Financial
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