The most helpful legislation for holidaymakers, wishing to make a holiday claim against a UK tour operator, is the Package Travel Regulations 1992.
The Regulations were introduced in 1992 and they are there to protect you and to give you, as consumer better rights if something goes wrong with your holiday through no fault of your own.
Prior to the Package Travel Regulations being introduced in 1992, it was much harder to make a successful claim against UK tour operators. However, now they are in place holidaymakers that are unfortunate enough to contract illnesses at their hotel abroad, such as salmonella in places like Spain, or suffered injury due to building work in Greece, are in a much stronger position legally to make a claim against a UK tour operator.
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The Regulations provide rights for things that could go wrong before or during your holiday. For example, if your hotel is ruined by a hurricane, you can demand that your UK tour operator provides you with a different hotel, or you can get your money back. If you are actually on holiday, the tour operator must meet the costs of getting you back home.
Most importantly, the Regulations make your UK tour operator responsible if something goes wrong at your hotel – even if the hotel is not owned by them – or is situated in another country. If the hotel staff act irresponsibly – for example you may contract food poisoning on holiday due to poorly trained hotel kitchen staff - you can claim compensation against your UK tour operator.
If something goes wrong before or during your holiday, you can refer to the Package Travel Regulations 1992 when complaining to your Holiday Rep at the Resort and in any formal complaint you make to your UK Tour Operator when you return from your holiday.
Typical complaints include:
Another important aspect of the Package Travel Regulations is that your UK tour operator must not only provide you with what they promised, they must make sure they and the hotel staff do so properly.
If a hotel swimming pool is promised on the website or brochure description, you are entitled not only to expect there to be a swimming pool, you can expect it to be well maintained, and the water to be free of nasty bugs such as cryptosporidium, which have ruined so many people’s holidays.
Some people are a bit afraid of referring to law when making holiday complaints, but doing so can get really good results when making a claim against a UK tour operator while on holiday or when you return home. When writing a letter of complaint stating the problems and how they are covered by the Package Travel Regulations can highly increase your chance of a result, see example below:
“Regardless of what you say in your brochure, under the Package Travel Regulations 1992 I am entitled to compensation because my room was dirty and there was building work next to my room. You did not act properly and therefore I am entitled to holiday compensation”
If you have had an accident or illness on holiday and you think the hotel, the coach company or the airline are to blame, we would recommend that you contact us for free advice about how the Package Travel Regulations 1992 can help you make a claim against your UK tour operator.
We have successfully helped many people make holiday compensation claims under the Package Travel Regulations 1992.
Mrs Hepburn who received compensation under the Package Travel Regulations for her holiday illness said the following regarding the Simpson Millar Travel Team:
“Such a pleasure, service was second to none. Very pleasant, helpful and reassuring”
If you have had an accident or illness on an aircraft or a cruise, there is other legislation that can help you.
Again, ask the Simpson Millar Travel team for guidance because the law can get a little complicated if you have been injured on a boat or a plane.