The most effective way to complain about a holiday – whether you’re on it or at home
Most holidaymakers have a great time and come home rested, relaxed and happy. But what if you have to complain, what if things go wrong – your hotel room overlooks a motorway, your escorted tour misses half of the promised visits, or, God forbid, the water in your villa’s swimming pool is bright green?
Here is our guide to effective complaining, and, if that doesn’t work and given that there is no holiday ombudsman, other ways of taking things further to make sure you get proper compensation.
While on holiday
1. Speak up straight away
Let the operator, agent, hotelier or villa owner know as soon as you become aware of a problem or have a complaint. They may not realise something has gone wrong, and if you don’t give them the chance to rectify it, you will be on weak ground if you decide to claim compensation later.
2. Be friendly and reasonable
Not only will you stand a better chance during a court or mediation process if you are perceived as having been calm and reasonable, but you are also much more likely to resolve the situation before it spoils your holiday. In the early stages of a dispute at least, confrontation is probably counterproductive.
3. Keep a sense of perspective
How bad is it really? Holidays are rarely perfect, and a small thing blown out of proportion can ruin them needlessly.
4. Keep the evidence
If it is a serious problem, you will need written, photographic and video evidence, and, if appropriate, contact details of witnesses. This could be absolutely crucial if you have to take your case to court or arbitration.
When you get home
You were reasonable; you complained, but nothing was done, and now it is all over, you want to take the matter further. Here are your options and a few key rules for making the most of them. Keep resolute, don’t be distracted by offers of discounts off your next holiday, and remember that companies will often hold out until the last minute – the threat of legal action.
You have the best rights of redress on a package holiday because the tour operator has made clear promises when you booked the holiday and has a duty of care towards you. If it is in breach of either of those commitments, you have a legal case.
1. Act soon
Write to the operator setting out your complaint and what redress you are seeking as soon as you get home. Include evidence, witness statements to make it clear that you are able to back up your case.
2. Keep it simple and unemotional
Focus only on the main issues and why the contract or booking conditions have been breached: long rambling letters detailing every problem are counter-productive. Include any evidence or witness statement you may have collected. If you need help contact a Citizens Advice, or talk to a friend who tries genuinely to see both sides, may help.
3. Know what you want
Whatever compensation you claim must be reasonable and based on a clear proportion of the original cost of the holiday. It is very rare to win the entire cost back. If personal injury or third-party liability is involved, take advice from a solicitor - some firms offer a free initial consultation. In a few cases, we are able to help readers – email asktheexperts@telegraph.co.uk with details of your case and your name, address and contact number.
How to complain to private owners
If you are renting a villa or other accommodation direct from a private owner, or have booked a hotel direct in a foreign country, or made any kind of independent holiday arrangements and paid in advance, your chances of getting redress from a reluctant owner are extremely low – and probably not even worth following up. Your best bet is to try the local tourist office while you are still on holiday, and see if they will exert any pressure.
In Britain you have the option of the small claims court (see below) if you feel a privately booked hotel, a B&B or self-catering accommodation is substandard and you can’t get redress. But equally effective might be to contact, or threaten to contact, the local or regional tourist board that is responsible for grading the accommodation. If the property is not graded by the tourist authorities, but listed in a guide book, that is another way you may be able to get leverage.
How to take holiday complaints further
Don’t rush into legal action or arbitration. All such services require you to make a reasonable attempt to resolve the issue first. However, if you genuinely think you have a case, and you are being fobbed off with a low offer or stonewalled by a recalcitrant travel company, these are your main formal options for following up a claim and forcing a resolution to the dispute:
Small claims track
The small claims track is a relatively quick, simple and informal way of taking your case to the county court, it is designed to keep costs down and avoid the need for a solicitor. However, it may still take several months between issuing proceedings and finally getting a judgment, and even then you might have to take further action if the travel company you are suing refuses to pay up any compensation order by the court. So it is not an option to be considered lightly. The court deals with claims up to £10,000 (£5,000 in Scotland and Northern Ireland). Fees vary according to the size of the claim, but are capped at £455. Full details here. Which? has a very good guide to using the court on its website.
Abta arbitration
If your tour operator or travel agent is a member of Abta – the trade body representing tour operators and travel agents – you can use its Alternative Dispute Resolution process. It is generally cheaper than the court system, and operates entirely on documentary evidence, so you won’t have a chance to put your case in person, as in a court, and will need to be confident that you can put your case well in writing. The first stage, which takes up to 50 days, is free and is an attempt to mediate between you and the company. But if you are unhappy with the result, you can progress to stage two, which is a formal arbitration scheme administered by an independent body
The arbitrator’s decision is binding on both sides and it costs £108 for claims up to £7,500, and £135 for claims between £7,500 and the upper limit of £25,000. Note that if you lose, you may have to pay the same again (either £108 or £135) to the tour operator concerned.
AITO dispute settlement service
Members of the Association of Independent Tour Operators (mostly specialist companies who may or may not also be members of Abta) subscribe to a mediation service run by an independent company (Dispute Settlement Services Ltd), though you can also opt for a different approved arbitrator. It makes its decision based on documentary evidence supplied by both parties. It may also speak to both parties on the phone. The cost for a customer is £140. Maximum compensation is limited to £5,000 per individual or £10,000 per booking. Details are on the AITO website.
