Know your rights

You have various rights

Many holidaymakers don’t realise that they enjoy substantial rights under existing legislation. There are Package Travel Regulations, Unfair Trading Regulations and Rights on Disability. EC Regulation 261/2004 covers flight delays, cancellations and denied boarding. The Montreal Convention relates to rights on board an aircraft, while other regulations relate to passenger rights when travelling by boat, rail, bus or coach. We will be covering all of these in this section. It is important to know your rights, because then you will be able to use the law to argue your case and, if necessary, claim rightful compensation.

Need help with the legal language of rights? 0345 017 9229

We can help guide you through the complaints process

What you can expect to get

Firstly a sense of satisfaction and then hopefully a sense of justice!

If your claim is successful, the amount of compensation you’ll be awarded will be governed by the circumstances of the case, and will depend on any value set out in law.

If your holiday complaint involves any injury or accident, in terms of general damages (Pain, suffering and loss of amenity), any award will be assessed according to the duration and severity of your illness or injury and long term consequences. The following are brief examples of what you could expect to receive; in the case of food poisoning, for instance, compensation can vary between £700 and £15,500, whilst for severe Toxicosis requiring hospitalisation you could receive much more but this would depend on the circumstances of the case. Accident damages are similarly wide-ranging. Leg fractures for example can command award levels from £2,000 up to £22,500, whereas severe back injury compensation can range from £73,000 up to £130,000. Any damages for injury or an accident can only be assessed by looking at the full facts and the affect that injury or accident has had on you; you should only carry out such an assessment with the help of an Independent expert and do not be persuaded to accept any compensation from any tour operator or their representative without getting that Independent advice first!

For those who do not have an accident or injury, but have suffered with a severe disruption or failure in their holiday, again it will depend on the circumstances and how that impacted on the holiday. Obviously, the more serious the failure, the more compensation you could potentially receive. It would also depend whether it affected only part of the holiday, in which case a daily rate for that failure may be appropriate or whether the whole holiday failed, in which case you have the potential to receive most if not all of your money back along with some additional compensation. gain, you should only carry out that assessment with the help of an Independent expert to help you!

You may also be able to claim for out of pocket expenses, such as additional travel, medical (not covered by travel insurance) or loss of earnings; you should make sure that you factor these issues into anything you are claiming!

Why you should claim

Had the holiday from hell? You wouldn’t be happy if you’d been sold a dodgy car or a faulty TV, so why is a poor holiday any different?

Perhaps you feel that you don't want to be part of some so-called 'compensation culture', nor should you! There is no evidence that such a culture actually exists and this on its own does not mean that it is not right for you to claim for a failed holiday.

Don’t fall into the trap of believing that the travel industry is all-powerful and that you stand little chance of success. And as we say, you should reject the idea that you’re just cashing in on the so-called 'compensation culture'. Well over 99% of the holidaymakers who contact us are genuine people with genuine complaints, just like you. It is time for holidaymakers to stand up and reject the allegation of just trying to cash in. The law was made to offer you protection, so you shouldn’t be embarrassed to exercise your rights!