Litigation and Dispute Resolution
Holiday nightmares and compensation
After months of careful planning, saving and anticipation have you now returned from your holiday feeling utter disappointment? Was your accommodation misrepresented or other services or travel arrangements not in line with those described in the brochure? As a consequence, did your hard-earned holiday become a nightmare?
Which claims for compensation may you be entitled to?
- The loss of enjoyment of your holiday
- Diminution in value of your holiday
- Reasonable expenses not recoverable from your travel insurers.
In order to make a claim you must have already entered into the contract (that is paid for your holiday) and the holiday operator is in breach of the terms of the contract. The terms are usually at the back of your invoice or if booking on the internet, the site will usually produce an additional window with a “pop up box”, asking you to confirm that you have read the terms of the contract. It is important to print and read this. It will tell you your rights and also what the tour company is responsible for. Generally, tour companies will only be liable if they have not delivered the promise contained in the terms, for example, the brochure promises a swimming pool and the pool is out of use.
Paid by credit card?
If you have purchased your holiday by credit card you will have the additional benefit of being able to pursue your credit card jointly for the tour company’s breaches too. Both the credit card company and/or tour company and/or hotel will be liable for any breaches of the contract caused to you.
There are additional protections available for anyone booking package holidays and package is defined as “package" means “the pre-arranged combination of at least two of the following components, such as transport, accommodation and other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package, and when the service covers a period of more than twenty-four hours or includes overnight accommodation”. If that is the case then the tour company is responsible for third-party rights for example the rights of your children and spouse too.