Marianne Curphey 

Wish you were anywhere but here?

The brochure boasts sun, sand and friendly locals - you end up with a nasty case of food poisoning and a family of cockroaches in the bath. Marianne Curphey on what to do when your holiday is hellish.
  
  


The holiday looks fantastic in the brochure, there are plenty of facilities and you will be staying close to beaches and restaurants. At least, that is how it looks, but literature can be deceptive, thanks to clever photography and descriptions that are economical with the truth. What happens if your break does not match your expectations?

Unfortunately, your travel insurance policy will not cover lack of enjoyment of your holiday. Malcolm Tarling, spokesman for the Association of British Insurers, says: "It covers medical treatment, loss of baggage, delay or cancellation and personal liability, but does not pay out if your holiday brochure turns out to have been misleading."

So if there are problems with your holiday you need to take action against the tour operator. If it is a member of regulatory body Abta (the Association of British Travel Agents), it must not mislead you with its advertising or brochure. The operator must ensure you are told about all compulsory changes in prices, such as rises in UK air passenger or fuel duties, and notify you as soon as possible of any significant building works at your destination.

Before completing a booking, Abta members must tell you if the Foreign and Commonwealth Office has issued advice about your destination that may make travel dangerous.

If the holiday does not match the description, you may have a claim against the tour operator for compensation as it is in breach of the Package Travel, Package Holidays and Package Tours Regulations 1992. However, you might be able to reach a satisfactory outcome at a much earlier stage and with a lot less fuss.

First stages
Frances Tuke, spokeswoman for Abta, says you should first try to resolve the problem at the resort. If this fails, write to your holiday company when you get home, and if you do not receive a satisfactory response you can make a complaint to Abta. "We receive around 15,000 complaints each year, and most are settled without the need for further arbitration," she says.

"Around 2,000 complaints do go on to the scheme run by the Chartered Institute of Arbitrators (www.arbitrators.org), which is a cheaper and quicker alternative to the small claims court."

She says it is very important to show that you have taken sensible steps to try to mitigate your own losses or problems. "You should complain to your holiday representative as soon as possible, either at the welcome meeting or the contact telephone number in the resort.

"Fill out a complaint form in writing so that it is officially logged. If the rep can't or won't resolve the issue while you are on holiday, write to the company on your return. It's helpful to have gathered evidence of your complaint, for example photographs or documentation."

She says it is unwise to move to another hotel at your own expense, as you might not win your case and could end up paying twice for your holiday.

It may not be within your rep's power to solve all of the problems you encounter. A problem with noisy or disruptive neighbours is not an issue he or she is likely to be able or obliged to resolve. In this situation it is worth speaking to the hotel, but the rep may be able to assist you.

If your holiday problem is so bad that it is totally ruining your break, it could be worth finding other holidaymakers who are experiencing similar problems. You may have more clout if you complain as a group.

Compensation
As for compensation, it is unlikely that you will get the total cost refunded if you are dissatisfied with your holiday, unless everything about the package was wrong. And if you accepted a remedy while at the resort, you probably will not be able to claim for further compensation when you return home.

If your holiday company is not an Abta member and goes bust before you leave or while you are away, you may able to claim back your losses from your credit card company if you bought your holiday on plastic, says Mark Bowerman, spokesman for Apacs, the card trade body.

The real problem is often that people book holidays to destinations they have never been to, and with limited information on the resort, says Paul Birkhead, underwriting manager at Halifax Travel Insurance. "The best piece of advice we can offer prospective holidaymakers is to really do their research before choosing their holiday destination," he says.

"Halifax Travel Insurance operates a pre-travel advice line for its customers where advisors can provide information on the facilities available and the standard of accommodation in and around their chosen destination."

If all else fails, Bowerman advises checking your travel insurance cover as it may include support for legal services to sue your holiday company.

 

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