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Holiday - A guide to your rights and compensation

This guide aims to help people through what should be a time to relax and unwind but occasionally can become a nightmare.

Picking on problems that are highlighted to us as concerns we aim to set the law straight and provide handy tips.

Booking the holiday

Travel agents must use reasonable skill and care when booking the travel arrangements you have requested. If they do not it may amount to negligence.

Useful advice

Use a travel agent which is a member of ABTA. This is the travel agency industry's trade body.
Keep a copy of the brochure from which you selected your holiday.
If you have special requirements, eg a hotel with wheel-chair access or vegetarian food, explain this to the agent in writing. In the letter of notification, you must state that: "this booking is conditional on the tour operator accepting my requirements".

Flight delays

If you are not happy with the changes you may:

Cancel the holiday contract and obtain a full refund.
Take a package of equivalent or superior quality and obtain a refund of any difference in cost.

Useful advice

If notified before departure and you accept a substitute offer before departure you should write to the tour operator accepting the change "under protest" and "reserving your rights". Keep a copy of the letter.
If you are notified after arrival, refuse any compensation until you have inspected the alternative offered. Keep a note (and receipts) of any additional expenses you incur.
If you accept a partial refund do not sign a disclaimer (waiving your right to further compensation). Write to the tour operator within 28 days of your return setting out your outstanding claim.
If you think when you get to your holiday destination that you have been misled you should:
Complain immediately to the rep.
Fill out a complaint form and keep a copy.
Gather as much evidence as possible eg photos, videos and the names and addresses of other guests who agree with your complaints.
When you get back write to the tour operator within two weeks of your return, keeping a copy of the letter.

Driving abroad

When driving abroad you will be assumed to have full knowledge of the law and rules of the road of that country.

Hiring a car - Check the amount of excess you will be expected to pay in the event of damage to the car. Ensure that the hire company is a member of an emergency breakdown service.

Driving your own car - Take your driving licence, vehicle registration documentation and use a GB sticker. Take out a car breakdown and retrieval policy from an organisation such as the RAC or AA.

Collisions and injury - If you are injured in a collision, contact your insurer's assistance company (their phone number will be in holiday insurance documentation) as soon as possible. Make a full note of all details relating to the accident, including the names and addresses of witnesses.

Insurance

Make sure that you have adequate insurance cover. This should be about £250,000 for Europe and £1 million in the US, Canada, and the rest of the world. Claim within any time limit set by the policy:

Keep a record of who you speak to and of the advice given.
Keep receipts for doctors, treatments, medicines, special food, transport etc.
Take photos if appropriate.
Make a list of the names and addresses of any witnesses who can give evidence of the circumstances.

Illness and injury abroad

If you suffer an injury or illness on holiday you may be able to claim compensation against the tour operator. The tour operators' responsibility include all the services provided under the contract.

Compensation for illness and injury

If the tour operator or a UK resident can be blamed and there is a serious injury - more than a few days discomfort or inconvenience - you may want to consider claiming compensation through the courts.

If you or a member of your family is injured whilst on holiday or abroad, Thompsons can offer expert help. Call our Compensation Line for free on 0808 783 0266 or complete one of our online compensation claims forms.

Complaints

In most booking forms/contracts there are strict time limits for complaints to be made after the holiday. The normal period is a maximum of 28 days but it could be a lot shorter. Therefore we advise that to protect your position you make a written complaint within 7 days of your return.

In General

Before going on holiday in Europe apply for a European Health Insurance Card (replaces the old E111).

Apply online at The Department of Health or visit your local Post Office for advice.