When you book a holiday, the last thing you want to think about is anything going wrong. Whether it’s a romantic getaway or a family holiday, you should be focused on making lifelong memories. However, at times, circumstances can arise that are beyond our control which can result in a negative experience. Here’s what you should know when claiming compensation for a holiday.
When Am I Entitled to Claim?
When you are considering making a claim for compensation, you need to know exactly what type of holiday you have booked. Is it a package holiday or are you an independent traveller? It is vital that you are aware of this information as your legal rights will depend on the holiday package.
You are entitled to claim for compensation if you feel that you have had loss of value (i.e. you paid more than what the holiday was worth), any out of pocket expenses or loss of enjoyment.
When Am I Not Entitled to Claim?
After booking your holiday, you should received documentation from the travel agent or tour operator outlining details of your booking. If your holiday was as described in these documents, you may not be able to make a claim. When considering whether you have had a poor level of enjoyment, it is important to think about the factors that may have been beyond the holiday provider’s control. Examples may include poor weather, food not being to a customer’s liking or your choice of holiday in hindsight.
How Do I Make A Claim for Compensation?
If you feel that your experience is not satisfactory, it’s important that you make a complaint to your holiday rep. This will show that you have been unhappy throughout your holiday and the situation could be rectified. If this doesn’t help the situation, you can then complain to the holiday provider directly. Each travel company should have a complaints procedure in their terms and conditions of service. Check these directly for advice relating to your specific travel provider. If you cannot resolve the situation through this channel, you can then approach the travel agency’s trade association, such as ABTA or AITO.
How Is My Claim Judged?
When you make a claim, arbitrators and judges will consider whether you should be awarded compensation. If the tour operator is found to be in breach of contract, the judges will use evidence to decide your entitlement to compensation. They will also consider which of the three components the tour operator has breached.
At H McPartland & Sons Solicitors, our professional expertise will enable us to provide advice and support for a host of compensation claims, including claiming compensation for a holiday. Contact our offices in Lurgan or Lisburn and talk to a member of the team to find out how we can help you.