Legal Notice

The Website and Helpline

Jurisdictional Limit of Advices

The information, advice and assistance on this website, or offered by our helpline, only relates to British Consumers («British Consumers»), reference to «Holidaymaker» «independent traveller» is also a reference to «British Consumers». For all other Non-British Consumers we may refer to information/contacts which may assist them in their own jurisdiction where possible.

Charges to British Consumers

Please note the services provided by HolidayTravelWatch to the holidaymaker or independent traveller are free of charge, the only cost to the travelling consumer is the cost of any phone calls made to HolidayTravelWatch or the time expended in producing information for HolidayTravelWatch to consider. If HolidayTravelWatch offers a holidaymaker or independent traveller the opportunity to have their travel complaint referred for further legal advices, full disclosure will be made at the time of such a referral as to its process and in particular the referral fee process. It should be noted that HolidayTravelWatch does not charge the holidaymaker or independent travell for any referral process.

Services Provided by HolidayTravelWatch

HolidayTravelWatch endeavours to deal with all enquiries within a reasonable timeframe, anticipated turnaround times are posted on the site, we cannot guarantee that you will be dealt with within these times. The fact that we provide updates on turnaround times does not indicate nor guarantee that you will be contacted within those time frames.

The use of telephone, e mail, postal services or courier servicesis entirely at the risk of the holidaymaker or independent traveller when seeking to contact or provide information to HolidayTravelWatch. Any failure in any of the aforementioned services is the responsibility of the providers or facilitators of the said services, HolidayTravelWatch accepts no responsibility for the failures of those services in the provision of its own service.

All calls for assistance are placed in strict rotation, however where urgent matters arise or HolidayTravelWatch receives a high volume of calls, HolidayTravelwatch reserves the right to alter that rotation list.

We would stress that if the matter is urgent, in that you have a court or other legal deadline approaching, you seek the assistance of a solicitor immediately. If you are unsure, then you should seek legal assistance immediately.

The use of telephone, postal or e mail services do not guarantee or imply in any way whatsoever that you will receive a definitive advice or conclusion to your travel complaints.

Such travel complaints can only be fully resolved by the use of information provided to you by HolidayTravelWatch and/or properly qualified legal advices, and any actions required by the holidaymaker or independent traveller to prosecute their claim.

It is your responsibility to provide all relevant information, HolidayTravelWatch cannot be held liable for any failure to provide all the facts, and any advice that follows from the failure to provide all the relevant facts.

HolidayTravelWatch does not represent itself as providing such properly qualified legal advices, the information provided is based upon the experience of the organisation and collated material from different sources. The decision on what steps to take in order to resolve your complaint is yours, HolidayTravelWatch will not decide what action you should take.

If you decide to take action independently, we always recommend that you seek separate advices, details of appropriately qualified lawyers can be obtained through the Law Society.

Where it is considered appropriate to refer your case to properly qualified legal advices this will be stated directly to the travel consumer. If you agree to a referral, any referral issues will be fully explained at the time of such a referral. In any event legal advices can be sought through contacting the Law Society.Full details of theReferral Code & Solicitors and your rights under the Claims Management Regulations are contained within the ‘Resolve’ section of the website of HolidayTravelWatch.

It is acondition of use of this website or the services of HolidayTravelWatch that no reliance on the information stated therein can be made. HolidayTravelWatch makes reasonable endeavours to ensure that all the information provided therein is accurate but cannot be held responsible for any changes made by third parties.

Advice has its limitations and cannot take into account the particular circumstances of each individual or group traveller. Any information contained therein is collated, analysed and summarised; and is believed to be correct at the time of publication.

Advice offered therein is not intended to be a substitute for skilled practical, travel, medical or legal advices. You should not make a complete or partial reliance on the information provided therein as it is subject to change, alteration often due to events beyond the control of HolidayTravelWatch.

HolidayTravelWatch therefore recommends that all information contained therein or advices given be checked through other resources or other skilled practitioners before or after any travel arrangements made.

Threatening or Abusive Behaviour

We would advise that any abusive or inappropriate calls, e mails or correspondence will not be dealt with, where appropriate such matters will be brought to the attention of the police.

Press Releases

HolidayTravelWatch produces press releases from time to time commenting on travel related issues and travel problems. This Organisation is proud to have been associated withpast innovative media production highlighting consumer rights. That role continues today with assistance and guidance given to many media organisations. Please note that all reasonable care is taken in the production of our press releases and all information therein is verifiable through media, documentary, holidaymaker, independent traveller or witness sources.

Members of the mediarequiring assistance,should call our helpline number 08450179229 - messages will then be relayed to one of the management team.Members of the media shouldremember that whilst deadlines are often pressing, the resources of HolidayTravelWatch are primarily dedicated to assist the holidaymaker or independent traveller in difficulty. If you have a long term project or need quick assistance please bear in mind that the holidaymaker or independent traveller must come first - HolidayTravelWatch will not accept any responsibility for the delay in information which is deemed necessary by you for the completion of any media project.

Articles written by HolidayTravelWatch

All Articles contained on this website are date sensitive and information contained therein reflects the information at the time the Article was published. You should not make any reliance, either in whole or partial on any of these Articles when making any travel arrangements. You should check all information contained within those Articles with other sources before making any travel arrangements. Please note that all reasonable care is taken in the production of our articles and all information therein is verifiable through media, documentary, holidaymaker, independent traveller or witness sources.

The ‘Call to Arms’ Feature

The ‘Call to Arms’ feature is designed to assist holidaymakers find support evidence, and all information is provided by holidaymaker(s) and independent traveller. Any ‘Call to Arms’ is carefully considered and all reasonable care is taken before being placed withinthat section. We do not accept requests for such entries unless they are supported by clear information, evidence and other supporting witnesses. The ‘Call to Arms’ features are intended to be informative and are date sensitive.

If you are seeking to rely on information therein, always check the current state of those facts. If a hotel, ship, airline or resort that you are about to visit or use, is featured in this section,you must not assumethat any problems identified, exist either before or beyond the date of the ‘Call to Arms’.

We cannot be held responsible for any change in travel plans and/or conditions encountered either before, during or after the ‘Call to Arms’ notice, this is either your responsibility or the responsibility of your travel provider, hotelier, airline, ship operator or other travel entity. We do not represent by placing any hotel, ship, airline or resort on the ‘Call to Arms’ section that problems identified by holidaymakers or independent traveller either exist before or continue beyond the date or time period expressed in the notice. If you are concerned by such a notice, then you should either contact HolidayTravelWatch or your Travel Provider for further information.

Your Travel Arrangements and HolidayTravelWatch

HolidayTravelWatch will not accept any responsibility or liability, either express or implied, for any failures in any travel arrangements or travel contract where reliance, either complete or partial, is made upon the information contained within this website or through the services of HolidayTravelWatch. This notice extends itself to any links on this site. HolidayTravelWatch has no responsibility for the content of those sites and does not contribute to their content in any form or manner. Those sites are the responsibility of those companies that own or manage their sites and reference should be made to their own Legal Notices.

Copyright and Trademarks

All material on this site whether written or image based is copyrighted and remains the property of HolidayTravelWatch and must not be reproduced, circulated, transmitted, sold, copied onto any forum or in any other form, in whole or in part, without the express written permission from HolidayTravelWatch - Note thatpermission is extended on the use ofwritten materials only on this siteto private individuals seeking advices from HolidayTravelWatch in order to resolve their travel complaints with tour operators or travel providers through their visit to this site, this does nothowever extend to any image based material on this site.

HolidayTravelWatch™, Information Advice Assistance™, Prepare Action Resolve™, Getaway - Your Route to Travel Rights™, HolidayTravelWatch Clinic™, Call to Arms™, HTW™, Ceeviews™, Ceeviews.tv™ all artwork and logos displayed on this website, TravelZine, letters, articles or other documentation are trademarks of HolidayTravelWatch™.

Note that any infringement of the copyright or trademarks of HolidayTravelWatch will result in the enforcement of those rights.

Complaints and The Referral Code:

Legal Information of HolidayTravelWatch

Company Name: Holiday TravelWatch Ltd

Trading Name: HolidayTravelWatch

Company Number: 3928886

Registered Office & Principle Office Address: Holiday TravelWatch Ltd, M Lawrence & Co, 213 Station Road, Stechford, Birmingham, B33 8BB, United Kingdom

Geographical Location: Birmingham, England

If i have a complaint, who is the single point of contact (spoc) at holidaytravelwatch?

Mr Frank Brehany. He is the Managing Director of HolidayTravelWatch. There are occasions when Mr Brehany travels outside the United Kingdom. In the event that he is in a location where contact proves difficult, he will appoint a SPOC officer. At the time you contact HolidayTravelWatch, if appropriate, you will be advised of that person’s name.

If i have a complaint either about the services of holidaytravelwatch, or it’s handling of my complaint under the referral code or claims management regulations, how can i do this?

We will always ask for confirmation of any complaint in writing. You can make your complaint through the following channels:

Telephone:

You can contact us through our helpline – 08450179229. If you have a complaint about our general service, you should state that you have a ‘Complaint about HTW’. If you have a complaint about the referral process you should state that you have a ‘Referral Complaint’. Our staff will ensure that our SPOC officer is made aware of your call, and will advise you of the name of that person.

Email:

Most of our clients now contact HolidayTravelWatch by e mail. If you wish to contact us through this facility, you can do so by using the contact form on this website or by e mailing us at information@holidaytravelwatch.com If you have a complaint about our general service, you should state that you have a ‘Complaint about HTW’. If you have a complaint about the referral process you should state that you have a ‘Referral Complaint’. All e mails are routed to Mr Brehany. In the event that he is travelling in an area where contact proves difficult, his appointed SPOC replacement will receive the e mail directly.

Post:

If you have a complaint about our general service, you should mark your letter that you have a ‘Complaint about HTW’. If you have a complaint about the referral process you should state that you have a ‘Referral Complaint’.

1. Holiday TravelWatch Ltd

M Lawrence & Co
Chartered Accountants
213 Station Road
Stechford
Birmingham
B33 8BB

(Please note: If you do not have a ‘Referral Complaint’, you must NOT use this address, you must use the address detailed at 2 above)

1. HolidayTravelWatch

PO Box 12768
Birmingham
B28 1AQ

All mail is routed directly to Mr Brehany. In the event that Mr Brehany is at a location where contact or delivery of mail proves difficult, he will appoint a SPOC officer to receive all post, and all letters received and marked ‘Complaint about HTW’ or ‘Referral Complaint’, will be dealt with by that person.

We would wish to assure you that even if another SPOC officer has been appointed, they are under instructions to contact Mr Brehany at the earliest point to advise him of any ‘Complaint about HTW’ or ‘Referral Complaint’. Mr Brehany will then provide a close monitoring of any such complaint received.

In Person:

We have traditionally made ourselves available to meet with travel consumers to assist them with their travel related problems. We do so where we consider that there is a real need to provide a more personal service. This is usually where a death has been experienced or where the matter involves group or complex issues. Our method of operation and flexibility ensures that we are able to deliver this service when it is required. In all cases where there is a ‘Complaint about HTW’ or ‘Referral Complaint’ we will consider any request for a meeting. We will endeavour to accommodate all reasonable requests.

What do you mean by referral complaint?

HolidayTravelWatch is principally a campaigning Organisation. It provides information, advice and assistance to all travel consumers who contact us. We are proud to have maintained a strong tradition of providing information which empowers the travel consumer to resolve their own claims. We currently assist some 43.5% of all who contact the Organisation, with information to resolve their own claims. A proportion of the remaining persons who contact the Organisation, are provided with the option to have their case referred to a panel provider of legal services.

The very nature of information provided to us by the travel consumer dictates the nature of assistance provided by HolidayTravelWatch. We repeat the section within our own legal notice which deals with the information provided by the Travel Consumer for consideration by HolidayTravelWatch:

Referral Code or Claims Management Complaints:

Complaints about Solicitors:

We cannot deal with complaints about any solicitor. If you have a complaint about any solicitor you are referred to and subsequently contract with, then you should use their own internal complaints procedure. HolidayTravelWatch cannot become involved in disputes between a client and their solicitor. In the event that we receive such a complaint about a panel solicitor, we shall forward that complaint to that solicitor’s practice. We will advise the client of the action we have taken and ensure that the matter is also referred to the Partner in charge of that department. We cannot become further involved. If you are not happy about the way in which your complaint is handled by the solicitor, then you should contact the Legal Complaints Service:

Legal Complaints Service,
Victoria Court,
8 Dormer Place,
Leamington Spa,
Warwickshire,
CV32 5AE

Telephone Number: 01926820082
Fax Number: 01926431435
Minicom: 08456011682
Email: enquiries@legalcomplaints.org.uk

Complaints about HolidayTravelWatch & The Referral Code:

Where the matter involves a complaint about the manner in which we have dealt with any part of the Referral Code, insofar as it affects HolidayTravelWatch, then we would invite you to contact us at first instance. We will endeavour to resolve your complaint quickly and to your satisfaction. If you remain unhappy with our response to your complaints then you should address any further complaints you may have to The Solicitors Regulation Authority:

The Solicitors Regulation Authority,
Ipsley Court,
Berrington Close,
Redditch,
B98 0TD

Telephone Number: 08706062555
E Mail: info.services@sra.org.uk

Complaints about HolidayTravelWatch & The Claims Management Regulations:

Where the matter involves a complaint about the manner in which we have deal with any part of the claims management process, insofar as it affects HolidayTravelWatch, then we would ask you to contact us at first instance. We will endeavour to resolve your complaint quickly and to your satisfaction. If you remain unhappy with our response to your complaints, then you should address any further complaints you may have to:

Claims Management Regulation,
Monitoring & Compliance Unit,
PO Box 7284,
Burton on Trent,
Staffordshire,
DE14 9DP

Telephone Number: 08454506858
Fax Number: 08454506866
E Mail: info@claimsregulation.gov.uk

How will the complaint be handled?

Upon receipt of the complaint, it will be passed directly to the SPOC officer; this will generally be Mr Frank Brehany, the Managing Director of HolidayTravelWatch. If the complaint is made orally, this will be required to be confirmed in writing. Any written complaint should also be accompanied by any other documentary evidence. The SPOC Officer will consider the basis of the complaint and if required will discuss the matter of the complaint with any other HolidayTravelWatch Consultant. If appropriate, the SPOC Officer will contact the complainant and discuss the nature of the complaint and how it can be resolved. Any discussion or resolution agreed will be confirmed in writing. Any complainant will be given the opportunity to respond to any points raised by the SPOC Officer and this will subsequently attract further investigation and response as detailed above. In the event that the SPOC Officer is unable to resolve any ‘Referral Complaint’, then the SPOC Officer will clearly identify the complainant’s right to further investigation through the office of The Regulator.

In the event that any complainant provides abusive, insulting or threatening behaviour to either the SPOC Officer or any advisor from HolidayTravelWatch, the investigation will terminate immediately. The matter will then be referred, if appropriate to the police and to the Commercial Solicitors for HolidayTravelWatch. If the matter relates to a ‘Referral Complaint’, the matter will also be referred to The Regulator for his information and guidance.

The time periods for dealing with complaints are set out below. If you are not satisfied with a delay in our enquiries, and if your complaint relates to a ‘Referral Complaint’, then you are invited to contact the Claims Management Regulator.

As HolidayTravelWatch does not provide legal representation to any holidaymaker or independent traveller, nor holds any client monies, but simply acts as a conduit between the holidaymaker or independent traveller and any suggested panel solicitor, we shall endeavour to rectify any problems caused by any referral made where it is as a direct result of anything caused by HolidayTravelWatch. If during the course of any complaint it is clear that a referral issue rests with any panel solicitor, the complainant will be advised to contact the solicitor in question and their options under the Solicitors Complaints Service as detailed above.

All documentary complaints will be retained by HolidayTravelWatch and archived. A record of all actions taken, resolutions agreed or a failure to agree will be kept and stored electronically. All such records where they relate to a referral issue will be made feely available to The Regulator upon his request.

What are the time frames for making a complaint or receiving a response from holidaytravelwatch?

These are set out in The Claims Handling Rules 2006. We shall also apply the same rules where a complaint does not relate to a ‘Referral Complaint’. They are:

1. A business may decline to consider a complaint that is made more than 6 months after the complainant became aware of the cause of the complaint;
2. A business must send a written or electronic acknowledgement of a complaint within 5 business days of receipt, giving the name or job title of the individual handling the complaint for the business, together with details of the business’s internal complaints handling procedures;
3. A business must, within 4 weeks of receiving a complaint, send the complainant either;
   1. A final response, or
   2. A holding response, which explains why it is not yet in a position to resolve the complaint and indicates when the business will make further contact (which must be within 8 weeks of receipt of the complaint);
4. A business must, by the end of 8 weeks after its receipt of a complaint, send the complainant either;
   1. A final response, or
   2. A response which;
      1. Explains that the business is still not in a position to make a final response, gives reasons for the further delay and indicates when it expects to be able to provide a final response, and
      2. Informs the complainant that he may refer the handling of the complaint to the Claims Management Regulator if he is dissatisfied with the delay

Conduct and Principles of HolidayTravelWatch

HolidayTravelWatch supports the principles contained in the General Rules of the Conduct of Authorised Persons Rules 2006, these are:

1. A business shall conduct itself with honesty and integrity;
2. A business shall conduct itself responsibly;
3. A business shall be directed by people with the necessary competence;
4. A business shall ensure that any staff or other people working on its behalf have the necessary training and competence to perform their duties;
5. A business shall observe all laws and regulations relevant to its business.

In addition, the business shall comply with the rules relevant to it and shall:

1. on applying for authorisation certify that it does so, and
2. certify annually that it has done so, when requested by the Regulator.

HolidayTravelWatch also supports the General Principles as they relate to clients, these being:

A business shall:

1. Act fairly and reasonably in dealings with all clients;
2. Ensure that any service offered is one that meets the needs of the client and satisfies the requirements of these Rules;
3. Ensure that all information given to the client is clear, transparent, fair and not misleading;
4. Avoid conflicts of interests;
5. Where advice is given, advise the client unambiguously of Ombudsman Schemes or other official means of obtaining redress;
6. Where advice is given, advise the client to pursue cases only if it is in the interests of the client to do so
7. Preserve the confidentiality of the Claimant unless disclosure is required or permitted by law or by the Claimant.

General Work Issues of HolidayTravelWatch

It is important to note that when we assess a case and provide advices, we always consider alternative means by which you can resolve your claim. This could for example, involve recommendations of:

1. Letter writing, providing information to set out your claim using current consumer laws;
2. Recommendation to contact The Association of British Travel Agents (ABTA);
3. Recommendation to contact The Federation of Tour Operators (FTO);
4. Recommendation to contact The Association of Independent Tour Operators (AITO);
5. Recommendation to contact The Air Transport Users Council (AUTC);
6. The ABTA Arbitration Scheme
7. The Small Claims Court
8. Money Claims Online
9. This list is not intended to be exhaustive.

We do not provide legal representation to any holidaymaker or independent traveller.

We do not charge the Travel Consumer for any services we provide and therefore do not hold any client monies.

We do not engage in any form of high pressure selling.

We do not, nor have ever engaged in any ‘cold calling’ in person.

We do not use any other cold calling method. The only exception would be where a list of holidaymakers is created in contemplation of seeking to secure compensation for their travel related problems when they return to the UK. We offer to assist such groups through a co-ordinator of such a list, by contacting those named on that list to offer our services. Each list is examined carefully for any objections to such a contact, and each named person on that list will only receive one e mail or one letter from HolidayTravelWatch.

HolidayTravelWatch has sought the advices of The Solicitors Regulation Authority and The Information Commissioner on group action lists, and have satisfied and will continue to satisfy any additional requirements for best practice.

Holidaytravelwatch and additional compliance issues

Our website complies with all Codes relating to advertising (The CAP Code).

Our website complies with The Electronic Commerce (EC Directive) Regulations 2002

Data Protection

HolidayTravelWatch is Registered under The Data Protection Act 1988 and complies with the requirements of The Information Commissioner. The Data Protection Officer for HolidayTravelWatch is Mr Frank Brehany, the managing Director of HolidayTravelWatch.

In the course of providing its services, HolidayTravelWatch records personal and travel complaint data. HolidayTravelWatch takes reasonable care to ensure that all personal data to securely stored. Under no circumastances is personal data shared with any third party, however, the following exceptions apply:

1. Where a holidaymaker or independent traveller provides permission to HolidayTravelWatch for the transmission of their personal details to a panel solicitor;
2. If we are required to provide information of a personal nature to police or other governmental authority, full consideration will be given to their request. We shall take further legal advices and where it is determined that we are required to provide personal data, following your contact with HolidayTravelWatch you accept and agree that we are entitled to do so.
3. If we are required through any legal action by the said authorities to provide information of a personal nature, following your contact with HolidayTravelWatch, we shall comply with the said court or other order, and you accept and agree that we are entitled to do so.
4. Where we consider or suspect that there has been a breach of the law, you understand and agree that we shall forward all personal data and any other relevant material that will assist any police or governmental authority.

Conditions of use of the website and services of HolidayTravelWatch

The use or viewing of this site or the use of any telephone, postal or e mail or advice services of HolidayTravelWatch indicates your acceptance to this notice.

© 2008