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Disputes and Litigation

Holiday Disputes

Holidays do not always turn out to be the relaxing break you planned. Flight delays, lost luggage, poor quality or misrepresented accommodation, accidents and food poisoning can ruin a break. If a holiday has not been up to standard, our solicitors can help you to claim compensation. We have many years’ experience in settling holiday disputes.

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Holiday disputes we can we help with

Our experienced solicitors can provide you with legal advice and representation if your holiday claim is with a travel company or a flight operator.

Your rights

How much protection you have under the law depends on whether you went on a package holiday, made your own travel arrangements, or went on a holiday with ‘linked travel arrangements’.

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If you booked your holiday through a travel agent and paid in one lump sum, you likely went on a package holiday. The trip must also include an overnight stay to count as a package holiday.

With this type of arrangement, you are protected under the Package Travel and Linked Travel Regulations 2018. You are entitled to a refund if a holiday company cancels your trip and are more likely to be entitled to compensation.

If you booked different parts of your holiday with separate companies at different times, then you are classed as an independent traveller.

You have made a ‘linked travel arrangement’ if you have booked two or more services from different travel companies, but they are linked. For example, if you booked a hotel through one website and that website provided you with a link to a car hire website.

It is more difficult to claim compensation if you organised a holiday yourself because you are likely to have contracts with many different companies. However, our solicitors at Davisons Law may still be able to help you to make a successful claim.

Claiming holiday compensation

Our solicitors can help you to claim compensation if you have suffered on holiday through no fault of your own. We will gather evidence to support your case and make the process as speedy and stress-free as possible.

Compensation from travel companies

You may be entitled to compensation if:

  • You suffered an injury or illness caused by the tour operator.
  • The holiday was of a lower standard than the one you booked. For example, you paid for a luxury room, but it was not allocated to you.
  • The holiday cost you extra money due to a problem that arose. For example, transport to your hotel was cancelled, so you had to book a taxi.
  • Many of the services you paid for were not provided.
  • The location was not as it was described to you.
  • Something else happened that caused you disappointment or loss of enjoyment.

The level of compensation you receive will depend upon the financial and personal detriment to you.

Compensation from flight operators

If your flight is delayed for an unacceptable length of time, the airline should provide you with food and drink, access to a phone or email, and accommodation for an overnight stay.

You are entitled to compensation of up to £520 per passenger if your flight is delayed for more than 3 hours and it is the airline’s fault. If the delay is over 5 hours, you have no obligation to get on the plane. You are entitled to a full refund for the flight and any other flights you will not use due to the delay.

You have the right to claim compensation for luggage that is delayed, lost or damaged if you checked your luggage in. Compensation for lost luggage is up to £1,000.

Holiday complaints

The first step to resolving a holiday complaint is to write to the company you booked your holiday with. If you experienced a problem with an airline booked through a travel agent, follow the airline’s complaints procedure. Your travel agent should provide you with the information you need.

The travel company is likely to be a member of a professional association, in which case you can also make a complaint to them. Professional associations are the Association of British Travel Agents (ABTA) and the Association of Independent Tour Operators (AITO).

Our solicitors at Davisons Law have years of experience with travel complaints. We can help you to complain effectively by explaining the procedures you need to follow and what information to communicate.

Talk to a solicitor about your holiday dispute

Our legal experts deal with many different holiday claims. We can advise you’re likely to have a successful holiday compensation claim and give you an estimated cost and timescale.

Once we start work on your claim, we promise to keep in regular contact and promptly answer any questions you have.

Have any questions or need any help?

Our team of specialist lawyers are experts in their field. Be confident in their advice and decisions to help get the right outcome for you. Contact us today to see how we can help