By Katie Kearns

At this time of year many of us are looking forward to a relaxing holiday.  Unfortunately those holiday experiences may not always meet our expectations.

What can you do?

For a claim to succeed it is not enough that you did not enjoy the holiday - if you chose a trekking holiday in Nepal and realised soon into the holiday that you would prefer to be on a beach in Turkey, then your tour operator cannot be held responsible for this error of judgement on your part.

However, if you can show your tour operator has acted in breach of contract, you might have a claim to bring.  The company must:-

  1. Provide you with the holiday you booked - look at the description in the brochure and the website that you relied upon.  If it is not what they described you may be able to claim.

  2. You must get the holiday at the price agreed.
  3. You expect the holiday accommodation to be clean and safe.

If any of these are not provided by the tour operator, then you may have a claim to pursue for the following:-

  1. Loss of bargain - the difference in value between what you got and what you thought you were going to get

  2. Out of pocket expenses
  3. Damages for loss of enjoyment

It is unlikely that you will recover the full cost of the holiday unless you can show that it was a total disaster from start to finish.

Also, it is important that you make your concerns known to the tour representative while on the holiday, to allow them to try and resolve the situation. Unless you are entirely satisfied with the steps taken to address the problem, you should make sure that you reserve your rights to take additional action on your return from holiday.

Accidents Abroad

Unfortunately accidents are not restricted to the home and some people are injured whilst on holiday or while working abroad.

If you have had an accident whilst on holiday or working abroad then you could be entitled to compensation.  Tour operators have a duty to ensure that their customers accommodation is safe and hygienic and does not leave the customer exposed to injury or disease.

For example, you may claim for:-

  1. Road traffic accidents whilst abroad
  2. Accidents in the hotel or other accommodation
  3. Accidents whilst travelling
  4. Illness caused by food poisoning or unhygienic food preparation.
  5. Injuries sustained whilst on excursions.

At Sarginsons Law LLP, we hope that your holidays do meet expectations and that you have a thoroughly wonderful time.  However, if you do have any issues and wish to discuss these matters, please contact Katie Kearns or Richard Paremain on 024 7655 3181