Help - I'm back home after a holiday from hell
What do I do ?
 You must write to the tour operator within 28 days of your return. Send it by recorded delivery and keep a copy. They must acknowledge receipt of your letter within 14 days and then provide you with a detailed reply within 28 days.
In your letter of complaint, of which you should keep a photocopy, specify what was wrong on your holiday and ask for compensation, but do not tell the tour operator how much you want as you might think your claim is worth £200 - £300 when in reality it may be worth £2,000 - £3,000. Remember that you are not an expert and you may be denying yourself real compensation.
If you do not receive a reply from the tour operator and the tour operator is a member of ABTA you can report the tour operator to ABTA. You should also contact us at this stage
Beware of amateurs - there are many organisations that purport to give advice and assistance to travellers and holidaymakers. Some are very good and others are only interested in parting you from your cash. Always ask what the qualifications are of the person giving you advice. They should be qualified in law or tourism or preferably both
If you are not happy with the response you have received from the tour operator, consult a qualified solicitor and ask them the following questions:
- What are the Package Travel Regulations?
- What are the Warsaw Convention and the Athens Convention?
- What is the Montreal Convention?
- Do they have a successful track record in claims handling?
- How many of their cases settle by negotiation & how many go to court?
If they are evasive and they cannot give you accurate advice then do not use them, go somewhere else
If you receive correspondence from your tour operator and they have posted you a cheque or vouchers Under No Circumstances cash them otherwise you may have killed your claim dead.
If you think that there are other people who may also want to make a claim and you have taken their names and addresses, contact them and tell them what you have done and who you have consulted with. Sometimes it is to your advantage to form a group and for a solicitor to represent the entire group. There are advantages and disadvantages of group claims
The advantages are:
- Strength in numbers.
- Sharing of evidence.
- Mutual support.
The disadvantages are:
- Group actions can be expensive.
- They take much longer to settle.
- Members of the group can fall out with each other.
We can advise you as to whether you have a valid claim, the likely costs involved, whether it is to your advantage to deal with your claim as an individual family or whether you should join up with other holidaymakers and pursue your claim as part of a group. Remember each situation is different and what is good for one claim may not be good for another claim.
We are fully conversant and competent to deal with claims under the Package Travel Regulations, the Warsaw Convention, the Athens Convention and the Montreal Convention, which once ratified will supersede the Warsaw Convention.
YOUR RIGHTS
Consumers have rights under the Package Travel Regulations but it is up to you to enforce those rights.
The tour operator will not advise you of your rights. They will not assist you to obtain a just remedy.
|
