Trading Standards Division - Consumer Advice - Know the Law

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Know The Law - Package Holidays

The Package Travel, Package Holidays and Package Tour Regulations 1992 are designed to protect the consumer and many of the provisions are incorporated into the ABTA Code of Practice.

The regulations state that a tour operator must make sure that you are protected by having adequate insurance bonding and arrangements in place for your return home, if they go bust whilst you are on holiday. They must ensure that the accommodation you contracted for is available and not overbooked. Any false or untrue statements or descriptions made about the holiday, hotel or any facilities, are also covered by the regulations.

If Things Go Wrong Before You Go On Holiday

If the tour operator seeks to make a significant change, e.g. changing the hotel, or resort, they may well be in breach of contract. You should be given the option to cancel and obtain a full refund.

The tour operator is under a duty to try to find a suitable alternative package of:-

equal standard
a lower standard with a refund of any difference in price
a higher standard at no extra cost.

You are required to notify the tour operator of your decision as soon as possible.

Difficulties can arise where there is a difference of opinion as to what is a major/significant change and you may need to seek further advice.

If Things Go Wrong On The Holiday

If on arrival at your holiday destination you find a significant proportion of the services contracted for are not provided the tour operator must make suitable alternative arrangements at no extra cost in an attempt to enable you to continue the holiday. You may also be entitled to compensation.

If these alternative arrangements are not acceptable to you for good reason, the tour operator must provide you with transport home and compensate you where appropriate.

What To Do If You Have A Complaint

complain to the resort representative immediately;
obtain an official company complaint form and complete it at the resort;
take photographs or videos of problems;
if you incur additional expense keep receipts;
keep a brief record of problems with dates and action taken;
ask fellow travellers if they would consider acting as witnesses to back up your complaint.
write to the tour operators head office as soon as possible;
quote your booking reference and be specific about the problems and compensation you are looking for;
enclose copies of any evidence, i.e. photographs, receipts;
if you have paid by credit card, send a copy of the letter to the credit card company;
be persistent, be prepared to write again and don't be fobbed off if you are not happy with their reply.
Contact ABTA if the company fail to reply to your letters or deal with your complaint to your satisfaction.

For further advice on any of these issues, contact the Trading Standards Advice Line.

3rd Floor, Wallasey Town Hall, Brighton Street, Wallasey, Wirral CH44 8ED
Telephone: (0151) 691 8020 Fax: (0151) 691 8098
Internet World Wide Web http://www.tradingstandards.gov.uk/wirral/
Electronic Mail: consumeradvice@wirral.gov.uk