Holiday Problems - does not match description

You are entitled to rely on the description of your holiday in the brochure. 

• This means that facilities, such as swimming pools, and services, such as inclusive meals and drinks should be available for your holiday. 
• The area of law is known as “contract law” and if your holiday did not match the description then you may be able to claim if you can show the holiday company did not keep their side of the deal. This is called a “breach of contract”.

You are also given extra rights under the Package Tour Regulations if your holiday was a package holiday (usually where transport and accommodation is booked together). 

• If your holiday was not a package holiday, because perhaps you booked the flights and the accommodation separately you may still be able to claim compensation for breach of contract. 
• The Regulations say that travel organisers cannot provide misleading information.

If a holiday doesn’t match its description, it may also be a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008 [CPRs].

You will need to prove that the description in the brochure was misleading. 
You should be able to claim if you can show  the information you were given was factually incorrect. Perhaps the brochure saying there is a pool when there isn’t, or that all meals are included when it turns out you had to pay. 

However some issues are not so clear cut. For example if the brochure says that the beach is 2 minutes away - this may be technically correct but if you have kids and need to take a buggy with you may find you can’t use the direct route and have  to take a longer route that takes 20 minutes. 

This could still be misleading if the holiday is promoted as family friendly or suitable for young children. It will depend on what is a reasonable understanding.

All of the following suggestions may help. It will be easier if you are reading this whilst still on holiday:

• Take photographs or video of the problem.
• Take contact details of any witnesses of what happened to you and caused your holiday to be spoilt.
• Take details of any other people on holiday who have also suffered (your claim will be even stronger if there are other people who are also unhappy because they suffered from the same issue or problem).
• If you have suffered an injury or the hotel food or swimming pool has made you unwell - make sure you receive the medical treatment you need. Keep a note of the doctor and where the treatment was provided (so if they are needed later, the medical records can be obtained as independent proof of what you have been through).
• Keep a list (and receipts) of all the extra expenses you have to pay for as a result of the problem or injury (such as taxi fares and medication).
• Keep a record or diary of the impact on the holiday of the problem on you and your family. This can cover the inconvenience caused, activities you can’t enjoy (and with injuries your pain and suffering) and the impact on the holiday for you and your family.
• You should complain to the representative whilst you are on holiday. You should give the company the chance to remedy the problem as soon as possible or your claim for compensation might be affected. Keep a note of when and to whom you reported it.  If you have a holiday rep they should offer you a written report form.​

1: You can claim compensation if there has been a breach of contract. The amount will depend on how serious the failing of the holiday company. 

• If a holiday is completely ruined it might be reasonable for you to get a full refund.
• If the problem just reduced your enjoyment of a small part of the holiday then your reasonable compensation will be less.

2: You can also claim back your additional losses and expenses. 

• A refund of your extra losses and expenses suffered as a direct result of the breach or failings of the holiday company.
• The amount you can claim must be reasonable and will usually need to be supported by receipts or other evidence.
• For example if your booking meant you paid for Bed and Breakfast, and there was no breakfast available, you may be able to claim the cost of breakfasts for your holiday.

This is a complicated area of law where you will need specific advice. But very generally you have 6 years to start a claim in the courts of England and Wales.

However to stand a chance of proving your claim you will need to make your complaint as soon as possible – usually first raising it will your holiday rep whilst you are still away.

In some instances a judge would expect you to return home, if the holiday has not been as you were expecting.

• Description of facilities inaccurate, for example, no pool, laundry, tennis courts, children’s playground 
• Description of services inaccurate, for example, meals not included, tuition advertised and not available
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