HolidayTravelWatch has long advocated the rights of the Travel Consumer. We witness and advise on the profound effects upon our clients, who come from all walks of life, following their awful holiday experiences and breaches of their consumer rights.

In delivering our service, HolidayTravelWatch has always taken seriously the manner in which it provides its own service, and it continues to deliver a robust service to ensure that each client is dealt with in a timely, caring and compassionate manner, irrespective of race, colour, creed or gender.

HolidayTravelWatch welcomes the rules created by The Law Society dealing with referral issues. It further welcomes the provisions of The Compensation Act 2006, which in part creates a platform regulating the management of claims.

HolidayTravelWatch takes the view that both The Law Society and The Claims Management Regulation Authority are its guiding partners in the delivery of these important areas, and it intends to fully co-operate with those bodies, and use reasonable endeavours to ensure compliance with any code or regulatory provision.

HolidayTravelWatch believes that this will ensure that the travel consumer can be confident in its dealings with HolidayTravelWatch, which is often at a critical point when they are most vulnerable, when ordinary individuals have to make important decisions about whether to pursue a claim against what is very often a very large corporate body, or action within a foreign jurisdiction.

HolidayTravelWatch recognises that a travel consumer, who contacts the Organisation, has a high expectation of receiving a clear, honest and unambiguous service. We take the view that HolidayTravelWatch has always provided a high quality service, the introduction of codes and regulations are an additional guarantor of that continued quality service.

Regulatory Statement:

“Regulated by the Department for Constitutional Affairs in respect of regulated claims management activities”

Legal Information on 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

England

Geographical Location:

Birmingham, England

If I have a complaint, who is the single point of contacy (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 about the service 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:

Please notethe guidance in this section does not apply tocomplaints about tour operators or your travel provider. any letter falling into those categories, but marked ‘referral complaint’, will not be dealt with as a priority, and will be answered in strict rotation. you should follow the guidance contained in our contact section which deal with normal contact issues

Telephone:

You can contact us through our helpline – 0217478100. 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.

E Mail:

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-mail. You should mark your e-mail ‘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:

We would ask that letters are marked ‘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 use the address detailed below.

2. 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 ‘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 opportunity to advise him of any ‘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 ‘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.

For information on how referrals are effected, please click here…

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

“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…… We would stress that if the matter is urgent, in that you have a court or other deadline approaching, you seek the assistance of a solicitor immediately.

The use of telephone, postal or e mail services do not imply in any way whatsoever that you will receive a definitive advice or conclusion to your travel complaints. These can only be fully resolved by the use of information provided to you by HolidayTravelWatch and/or properly qualified legal advices. 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 would 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 are contained within the ‘Resolve’ section of the website.

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”.

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

E-Mail: 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 The Regulator:

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 BY HOLIDAYTRAVELWATCH?

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 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. In any event, 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, then you are invited to contact the Claims Management Regulator.

As HolidayTravelWatch does not provide legal representation to any travel consumer, nor holds any client monies, but simply acts as a conduit between the travel consumer 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 will be made feely available to The Regulator upon his request.

What WHAT ARE THE TIME FRAMES FOR MAKING A COMPLAINT OR RECEIVING A RESPONSE FROM HOLIDAYTRAVELWATCH?

These are set out in TheComplaints Handling Rules 2006. 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. 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 Travel Consumer.

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

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.

Tags: holiday claims, holiday complaints, Holiday Food Poisoning Claims, holiday illness, Holiday Sickness, The Referral Code

This entry was posted on Saturday, June 7th, 2008 at 1:51 pm and is filed under Referral Code, Resolve, Travel Advice. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.