The recent article (4/6/2010) in The Independent, highlighted a ‘league table’ of offending airlines, who it is claimed, are more prone to losing, damaging or delaying the baggage of airline passengers (note the vehement rejection by one airline of the survey’s findings).  Lost, Delayed or Damaged baggage are some of the common complaints we receive; the principle difficulty is that airline passengers do not appear to know what to do if they should suffer with any of these problems!  We attended a recent meeting at The Department for Transport, where this very issue was discussed and it was agreed amongst Consumer Groups, that the airline passenger suffers with a lack of access to timely information, in what is obviously a stressful time for them!  The Air Transport Users Council (AUC), which is part of the CAA has a useful guide to this thorny problem!  In the May 2007 edition of Get’Away, we summarised the rights of passengers under the Montreal Convention for Destroyed, Lost or Delayed Baggage due to the fault of an airline. It should be noted however, the limits for compensation have been increased since that article!  The new limits of compensation are now – Lost, Delayed or Damaged baggage 1,131 Special Drawing Rights Per Passenger – or – the limit for claims for delay is 4,694 Special Drawing Rights Per Passenger! Read More

Time and time again we receive plaintiff calls from holidaymakers with genuine holiday complaints, who have decided to enter into an Arbitration or Court process.  Time and time again we discover that not enough preparation is made by holidaymakers to present their case correctly!  Is it the fault of the holidaymaker? Most definitely not!  The reason that holidaymakers get into trouble when they try to resolve their own holiday claims is that they are in some ways lured into a process which in some ways promises to be easy and non-legalistic.  The reality is that if you are trying to make a claim for holiday compensation, the travel company will usually employ a solicitor or barrister to protect their interests.  The holidaymaker is then often faced with a process that becomes very legalistic and at times incomprehensible!  Preparation is the key and unless you have a pressing limitation date less haste and more research is the order of the day!  In the May 2007 edition of Get’Away we asked, “Are You Ready for Court?” - It was the first of a series of articles which explores the evidential trail and experience of holidaymakers who decide to go it alone, and take their case into the Small Claims Court.  The moral of the tale is to learn from other holidaymakers experiences! Read More

This article from our May 2007 edition of the Get’Away Travel-Zine begins by asking, “How Ethical is Your Travel?”. It explores the basic questions holidaymakers should ask before they book a holiday and suggests a standard Holidaymakers Travel Responsibility (HTR) position.  It is still the case that it is indeed relevant that when holidaymakers are first looking to book a holiday that they should examine the social and political situation of their intended destination.  Tourism Concern provides an excellent example and guide to intending holidaymakers as to the issues that holidaymakers should be concerned with!  For example, did you know that Maldivian people are reported to be living on less than $1 a day and that 30% of Maldivian children under 5 are suffering from malnutrition?  Were you aware that in parts of India, whole communities are being displaced to make way for tourism following the effects of the Tsunami?  The imprisonment of Daw Aung Sang Suu Kyi in Burma and the displacement of local peoples and the enforced labour to build tourism centres continues to play a major role on the international stage!  If you thought that this was simply about destinations that are not yet popular with British Tourists, think again!  Tourism Concern have created a 10 minute video entitled ‘Sun, Sand, Sea & Sweatshops’ in which they examine the poor rights given to workers in Mexico & the Dominican Republic!  If you really want to know what is happening behind the glossy holiday brochures then you should read the major report from Tourim Concern – Putting Tourism to Rights!  Read More

Due Diligence is where a company must exercise care to ensure that problems with a product or that their duties under law are properly assessed, so as to not mislead or put at a disadvantage, the receivers of that servce.   The due diligence defence is also incorporated into The Consumer protection from Unfair Trading Regulations 2008 at Regulation 17 (we have published an extensive article on those regulations by reference to the issue of holiday sales and complaints).  With the May 2007 edition of our Travel-Zine, Get’Away – our article – Package Travel Regulations Tip - highlighted the ’Due Diligence’ Defence that can be employed by a Tour Operator under Regulation 24 of The package Travel Regulations. Read More

This year we have already heard from returning holidaymakers about their holiday illness or sickness experience!  Many are reporting that they have suffered an initial 3 to 4 days sickness, a slight recovery and continuing problems when they return to the UK!  Some holidaymakers have reported to us that they have been subsequently diagnosed with diseases such as Salmonella, E-Coli or Shigella!  Many report that they were not alone in suffering with illness in their hotel, resort or cruise ship!  We are concerned that holidaymakers are suffering an ‘imposed’ isolation, on the pretext that what they are suffering with is a ‘contagious’ virus, when often the ‘virus’ has been repeated week after week and no apparent tests are carried out to assure that nothing more sinister is the cause of the illness!  We take the very firm view that ‘introducing’ holidaymakers into a hotel, resort or cruise ship, where there is clear knowledge that a pathogen or virus threatens the very health of the intending holidaymaker, should be dealt with under the full force of the law!  This issue came into sharp focus earlier this year when several outbreaks of holiday illness were reported; we restated our views that BioHazard & BioCrime offences should be considered by legislators!  At the time our views were considered to be ‘alarmist’, we responded through our YouTube Channel in order to open up this debate! Read More

The Transport Select Committee have requested stakeholders within the travel debate to submit their views on passenger’s experience of air travel. A wide remit was produced, and HolidayTravelWatch has concentrated its report on the issues of 261/2004 and aircraft safety.  HolidayTravelWatch has called for a review of the directive 261/2004, including giving air passengers improved rights to compensation when they suffer a delay, and a structured enforcement process, to ensure that rights are provided to the consumer.  We have also called for a ‘whistleblower’ campaign, akin to the one operated by the South African Civil Aviation Authority to highlight safety issues. Read More

This issue of Travel Insurance is very important to the Consumer, particularly where they suffer holiday problems.  Many holiday complaints involve reports of holiday illness/sickness, holiday accidents, changes to holidays, flight changes and poor customer service, and there are times when the presence of a Travel Insurance Policy is vital to the holidaymakers well-being!  HolidayTravelWatch has responded to The Treasury review of the sale of Travel Insurance, and whether the sale of this important financial product, should be brought into Regulatory control by the FSA.  Read More