Holiday Complaints | Legal Action | Resolve
The last thing you expect to have to deal with when you return from holiday is to commence some kind of legal action.
Legal action can take many forms:
It could take the form of a letter of complaint (see our suggested letters on our website which can help you start your complaint)
Seeking advices from consumer organisations such as HolidayTravelWatch, Citizens Advice Bureau, Which?
Complaining to ABTA where the tour operator has breached the ABTA Code of Conduct (details of which are contained on our website or at http://www.abta.com/benefits.html ).
Taking the Tour Operator to ABTA Arbitration (details of which are contained on our website or at http://www.abta.com/benefits.html ).
Taking and commencing the case yourself before the Small Claims Court (details of which are contained on our website on our website http://www.thecourtsservice.gov.uk ).
Finding or being referred to an appropriately qualified travel lawyer.
So, your holiday or travel arrangements did not go well, what should you do when you return home?
If you have been ill or injured, seek medical advice and attention immediately from your GP.
If you have suffered illness, provide stool samples for you and your family.
If your GP will not take a stool sample, contact you local Environmental Health Officer, who can be contacted by telephoning your local District Council.
We have received a recent report of one GP who dismissed a returning holidaymaker’s illness, by advising that they should take 2 Imodium several times a day. Most GP’s do not adopt this approach – returning illnesses can hide possible notifiable diseases – Always insist on a test, failing which contact your local Environmental Health Officer.
Notifiable diseases could have an important impact on your future health and employment, and on the development of your children.
If your stool sample is negative, it doesn’t mean you have not got a claim against the tour operator.
The possibility is that any medication you may have taken will mask the laboratory finding a positive result.
Notifiable illnesses are reportable by law in the UK.
If you work in the health industry, the catering industry, care homes, or with children, it is vital that you ascertain the nature of your illness.
You could be infecting many other people.
Keep a diary of your illness/injury.
Keep all receipts or loss of wage details for future reference.
If you booked a package holiday and you have a complaint, you must write to the tour operator within 28 days of your return, this is a contractual term and a requirement on you under the Package Travel Regulations 1992.
Send it by recorded delivery, keep a copy for yourself.
A copy of the Package Travel Regulations can be obtained from HMSO website by clicking here: http://www.opsi.gov.uk/si/si1992/Uksi_19923288_en_1.htm
Remember, the ABTA Code of Conduct (Rule 5) requires that the tour operator provides you with an acknowledgement within 14 days of your written correspondence. The tour operator must provide you with a written response to your complaint within 28 days of receipt of your complaint.
If the tour operator does not comply with the Code of Conduct and does not answer your complaint letter within the stated period, then you are within your rights to inform ABTA that the tour operator has breached the Code of Conduct.
ABTA will then investigate the matter and can possibly fine the tour operator for a breach of the code. A copy of the ABTA Code of Conduct can be obtained by clicking here: http://www.abta.com/benefits.html
If you are an independent traveller, you must notify the carrier (if that is appropriate) under the terms of carriage. In any event the terms of the Warsaw Convention (air transport) or Athens Convention (ocean going transport) sets out the requirements of notice of sending your complaint to the relevant carrier.
Consider the replies!
Do not accept a cheque or voucher without first seeking advice from a consumers advice organisation or from a properly qualified travel lawyer.
If you require further advice and assistance, HolidayTravelWatch uses a panel of legal experts in the field of Holiday and Travel Law.
This is a highly complex area and selecting the wrong solicitor could be very costly. Choosing the right solicitor for your case is probably the most important decision you will have to make regarding your claim.
Should you decide to use a solicitor not recommended by HolidayTravelWatch, make sure you ask them the following questions:
- How many travel claims have you dealt with in the past 12 months involving illness and injury?
- What has been the outcome of these claims?
- What was the biggest claim you have settled?
- What are the implications of the Package Travel, Package Holidays and Package Tours Regulations for my case?
- Does your firm have members of The Law Society Personal Injury Panel of Solicitors?
- What are my options in foreign jurisdictions?
- What is your knowledge of personal injury claims in foreign jurisdictions?
- What are your funding options for my claim?
Whatever option you choose, HolidayTravelWatch can provide you with advices to guide you on your options, either through our WebPages or through our helpline.
We would ask you to note the Legal Notice at the bottom of this page.
Tags: holiday claims, holiday complaints, Holiday Food Poisoning Claims, holiday illness, Holiday Sickness
HTW has noted that amongst the submissions to the Committee on Toxicity (COT) it has been suggested that the symptoms highlighted by crew and passengers were akin to the condition of hyperventilation.
HTW has for many years received reports from concerned holiday makers or independent travellers as to the safety of their aircraft, ship or boat, train or road transport.
