Your holiday consumer rights
A holidaymaker recently went viral after receiving a £100 credit from TUI for another holiday due to the lack of “English food” at a Greek resort. The Internet had many opinions on this, ranging from outrage to ridicule.
@thecomplainingcow What are your rights when you don’t get the food you like on holiday? #Greece #Holiday #holidaycheertiktoktv #Travel #HolidayFood #ConsumerRights #ConsumerLaw
But beyond the sensational headlines lies a much more important question: What are your actual rights when a holiday doesn’t meet expectations?
Package holidays rights under the Package Holiday and Linked Travel Arrangements 2018
A package holiday consists or two or more components, such as accommodation and flight or transfers, and must last longer than 24 hours or at the very least have an overnight element.
- The organiser (i.e. the travel company with which you booked) is liable for the failures of hoteliers, suppliers and services within the contract. If the holiday is cancelled, you are entitled to a substitute package of equivalent or superior quality (if a substitute is available) or to take a substitute package of lower quality and recover the difference in the price or receive a full refund.
- The organiser must provide details about any changes to your holiday as soon as possible. If there are material changes – such as destination, standard of accommodation, significant travel dates or times changes, an included excursion is removed or the prices rises more than 8% – you can cancel without any penalty.
- The organiser must not provide misleading information. If the holiday does not match the description, you will be entitled to redress.
- The organiser must clearly state the details of the booking in a Standard Information Form, before you make any payment. The Form must include specifics of any arrangements: dates, times, costs, meals, excursions included/excluded, activities, transportation, cancellation fees, contact details for the package organiser, information on compulsory/voluntary insurance regarding repatriation in the event of illness/death/accident, and/or the cost of termination of the contract by the traveller. It must give you general passport and Visa information but you should always also check the Foreign, Commonwealth & Development Office (FCDO) travel advice website.
What are your rights to redress when a package holiday goes wrong
The consumer is entitled to redress for a variety of issues, dependent on which regulation has been breached and when:
- Loss of value: this is the difference between the cost paid for the holiday and the one you actually received.
- Out-of-pocket expenses: you will be entitled to reasonable costs as a result of the breach of contract, such as having to get a taxi if the transfer failed.
- Loss of enjoyment: you are entitled to redress for the disappointment and distress caused by things going wrong. The amount will be dependent on what and for how much of the holiday.
- Personal injury: compensation for any personal injury incurred abroad (seek specialist legal advice in this instance).
- You can terminate the contract at any time before your holiday starts. However, you may have to pay the organiser an appropriate fee, which they must be able to justify. So, for example, they can’t charge you an amount they would have passed to a third party for an excursion and they should be reasonable if they are able to sell on part, or all, of your package.
If there are unavoidable and extraordinary circumstances at the destination (or in the immediate vicinity which would affect the travel to the destination) , such as war, security risks etc. you can terminate the contract without paying a termination fee. The travel company should refund you within 14 days.
Make sure you take out travel insurance at the same time you book your holiday. You never know what might happen between now and then! Why you need travel insurance when you book a holiday!
And finally, is it reasonable to claim for a lack of “English food” on a continental holiday? Well, I don’t think so. However, at least one TUI customer has succeeded in claiming limited compensation for this alleged breach, although she has got to buy another holiday to use it!
@thecomplainingcow How to complain about your hotel. Not by being rude and aggressive. See the link in my bio if you have a genuine complaint and need help! #tui #Refund #Refunds #Holidays #PackageHolidays #PackageHoliday #Flights #Rude #holidayfood
Further help with holidays and flights
For more information, stories, laws and advice see All you need to know about booking/complaining about holidays/flights
Purchase and download Holiday, flight and event complaint templates
Further help with complaining effectively
For more advice, tips, information and template letters covering holidays and more: GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!
Want to get better at complaining? See 101 Habits of an Effective Complainer
Save yourself time and effort finding the laws and wording a letter of complaint. Purchase and downloa
For small businesses
On the back of this story I got my name and hyperlink into The Mirror and others with Your rights if a hotel refuses to serve English food on a foreign holiday. If you want to know how she got in the media and how i did it on the back of the story check out How to Get Free PR For Your Business & Be Paid For It
@thecomplainingcow How to get free PR and be paid for it 280 ways to gain media coverage and raise your profile. #JeremeyVine #PRTips #Marketing #UKSmallBusiness #SmallBusinessUK #MediaCoverage #freepr #mediacoverage
