The Package Holiday Regulations
Consumer Rights were reinforced by the introduction of the Package Holiday Regulations, which imposes liability on the tour operator for any failure to suitably perform any aspect of the contract. This means the tour operator takes responsibility for flights, accommodation, transfers etc, even if it was not their fault directly. As the name suggests, these regulations only apply to holidays booked as a package and consumers who book travel and accommodation separately are not afforded this protection. The regulations dictate that:
- Specific information related to accommodation, meals, itinerary, price, deposit etc must be included in the brochure, and these shall be legally binding. Changes to these particulars may be made but the consumer must be informed of them before the contract is concluded
- Essential information (such as passport or visa requirements, health precautions and repatriation in event of insolvency) must be provided to the customer before the contract is concluded.
- Price will be fixed unless the contract specifically states how the revised price is to be calculated
- In the event that the operator becomes insolvent, they must still have enough to refund or repatriate any consumers affected.
Complaints & Remedies
As with other consumer legislation, failure on the part of the operator to comply with the terms of the contract will enable the consumer to claim damages. This refers not just to the cost of any additional expenses the consumer has made, but compensation for mental distress, upset, disappointment and injury to feelings.
In order to make a complaint, there will usually be a procedure offered by the tour operator and will usually consist of a complaints form or the requirement to put it in writing. One thing is important however, the remedies offered to the consumer under these regulations require complaints to be made quickly – i.e immediately after (if not during) the holiday.
Trade Association Assistance
If the complaint has not been dealt with to the consumer’s satisfaction in the first instance by the tour operator, the consumer may take their case to the relevant trade body (e.g ABTA; AITO) who have a dispute resolution service. Additionally, if a credit card was used to pay for the holiday, consumers can also take advantage of Section 75 of the Consumer Credit Act which imposes equal liability on the credit card provider for any claims.
Statutory entitlements for flight delays
For all travellers who experience flight delays are automatically entitled to monetary compensation for overbooking (where they are ‘bumped off), and compensation ‘in kind’ for delays due to late arrivals and technical faults – these are refreshments, free telephone calls etc. For further details on this go to the CAA website (www.caa.co.uk)
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Hi! In September, we travelled with Newmarket Promotions on a weekend visit to Buckingham Palace and Windsor.The accommodation advertised in the brochure was at the Thistle Barbican Hotel or similar. This is a central London hotel and ranked as at least 3 stars. However, a few days before, we were told that the hotel would be the 2 star Ibis at London Docklands.
I wonder if anyone else has had this poor experience. It spoiled the weekend as we were not able to meet our family as planned. I believe that they have contravened the Package Travel Regulations.
Barbara, yes, you are correct in your belief that they are in breach of the above regulations, as long as your trip was longer that 24 hours and the travel and accommodation were booked together as a package. The information contained the brochure was legally binding and any changes should have been notified to you, with the offer for you to cancel the booking – and claim any compensation for financial loss as a result. You should go back to the travel company as soon as possible requesting a copy of their complaints procedure.
Hi there, I have just came back from snowboarding holiday in Bulgaria. I was travelling through Crystal Holidays. overall it was great, except of the fact that on the 3rd day it started heavily raining and continued for 2 days. We all recieved a letters from ski schools, confirming the closure, so those that had insurance can claim.
But I havent got the insurance, is there any way I can claim some money back. It was me and my boyfriend and 2 days (our holidays included ski lifts passes, rent of equipment). At the end of the day I know it is not the fault of holiday provider that it wasnt snowing, but it wasnt my fault either, as the only reason I took a week holiday was to snowboard and you cant do that without the snow!
Zhanna, if there was provision in law for compensation due to poor weather on holidays, travel companies would constantly be paying out. Unless you have insurance which contain weather clauses, there is nothing you can do in this case.
booked an appartment in manchester was told on arrival we were to be relocated to another location as the room we first booked had no hat water. when we got to the next appartment that had no hot water either some guy came who played with the switch for an hour and a half for the hot water whilst he left all the residents bank details and security numbers in full view of me and my girlfriend which i think is very worrying then he did a runner, we were told that the manager was coming which he didnt then we were relocated again to a different one to only find that that had no hot water either then asked if we wanted to move to another room. as i had a schedule i refused as i had to leave because of this i missed a very important financial buisness meeting and was late for a show .I think this is disgusting i lost a lot of money and we were upset because our night was ruined. please can you help me get money back or compensation
I booked a holiday yesterday for a group of us (5+1 baby)
One member of the group has since been told he cannot get the time off work.
We have also since read rather disturbing reviews of the hotel and surrounding area.
The holiday was paid for over the phone by credit card, and is booked for the end of June.
Do I have the right to cancel with the company?
If so should I expect to loose some of the money paid?
Can my credit card company assist with canceling the holiday?
Thanks.