From being taken ill to being stuck in a room by the bins, if your dream holiday is ruined you can claim compensation
Anyone whose summer holiday memories are fading quicker than their tan could be among the lucky ones: for some unhappy travellers the after-effects live on and the fight for compensation is only just beginning.
Steve Cannon's family holiday in Turkey went wrong early on when he was struck down by a stomach bug that lasted for the rest of the break. Sales rep Steve, 44, and his wife Chloe, who works in human resources, booked a 10-day stay at the Sentido Parissia, a "deluxe resort" in Side, Turkey, through Thomas Cook.
But for Steve and up to 100 other guests, the trip was ruined. "This wasn't just a routine stomach bug, this was a real 'Oh my God!' bug. Thankfully, Chloe and the kids were OK, but they just wanted to play with their daddy and there wasn't much I could do."
So what can you do if your holiday failed to live up to its promise?
If you fell illBritish travellers made 337,000 insurance claims for overseas medical treatment in 2012, according to the Association of British Insurers. The average claim was for £815 but one holidaymaker, who had to be flown home by air ambulance after suffering a heart attack, claimed £86,000.
You should receive free medical treatment in Europe if you carry the European Health Insurance Card, although there have been cases of Spanish, Portuguese and Greek hospitals charging.
If you had private medical treatment or fell ill outside the EU, you should be able to claim on your travel insurance. But you will need receipts, says Beth Macer, travel insurance expert at PayingTooMuch.com. "For claims above, say, £500 your insurer will expect you to have sought approval from its emergency assistance helpline. If you didn't, it may reject your claim."
If the illness was down to poor hygiene at a hotel booked through a travel agent or tour operator, you may be able to make a legal claim "for pain and suffering, lost earnings, private medical care at home or abroad, and loss of enjoyment," says Suki Chhokar, a specialist travel claims lawyer at Irwin Mitchell, which is now seeking compensation for Steve and 50 other guests. "Payouts can range from a few thousand pounds to hundreds of thousands."
If the accommodation was a let downIf you were promised a sea view but got a room by the bins, it helps if you complained to the holiday rep or hotel at the time. If you are still unhappy, act soon after you get home, says Bob Atkinson at Travelsupermarket.com. "Send a written complaint to the travel company within 28 days, setting out the problem, who you spoke to and what redress you expect," he says. "Keep a copy of all correspondence."
Your case will be strengthened if you took photo and video evidence and statements from other guests. Complaining should be more straightforward if you bought your holiday from an Abta member, says the organisation's spokeswoman, Daisy Parker. "They are bound by our code of conduct. We also offer a free helpline and complaints arbitration."
If your suitcase went missingTravel insurance should cover any lost valuables or your entire suitcase. If you are claiming for a theft or crime, you need to have reported it to the local police at the time, says Peter Hayman at specialist travel insurer PJ Hayman. "If you can't produce a written police report and crime number, your insurer won't pay." It is extremely unlikely you will be able to get this once you get home, but your insurer may be sympathetic if you can show you made every effort to report the theft. It may be worth asking hotel reception or a holiday rep for back-up.
If you're unhappy with your travel insurer's response, you should first contact its in-house complaints procedure, then take the case to the Financial Ombudsman Service.
If you had problems with your flights
For delays and cancellations, you are entitled to compensation under the EU Denied Boarding Regulations scheme, which covers all flights out of the UK. Your airline should have arranged an alternative to a cancelled flight as soon as possible, plus any meals, transfers and hotels, or given you a refund.
You may also claim compensation on a sliding scale, depending on how far you were due to fly. This starts at €250 for under 1,500km, rising to a maximum €600 for more than 3,500km.
Contact the airline, giving as much information as possible. If you spent money on food and hotels and want to claim a refund make sure you have the receipts. You have six years from the delay date to make a claim.
If the airline doesn't resolve the matter, you should contact the Civil Aviation Authority. If it still refuses, you can take the matter to court.
If you arranged the elements of the holiday separately you have less protection. But you do have some back-up if you paid with your credit card. Under Section 75 of the Consumer Credit Act 1974, if you spent between £100 and £30,000, the issuer is equally liable for any losses. But it will only cover the cost of any services you didn't receive, such as a return flight home. There's no time limit, but there is no point hanging around. Ask your credit card provider for a Section 75 claim form. If you have any problems take your case to the ombudsman.
Meanwhile, Steve Cannon and the other guests are looking for a full refund plus compensation. Thomas Cook's director of service and quality UK, Alastair Brass says: "Preliminary indications suggested that this was of a viral nature and not due to poor hygiene standards. We know how important holidays are and how upsetting it can be when you're ill overseas. The Sentido Perissia management immediately put into place internationally recognised prevention of spread of infection procedures, while we moved new arrivals to alternative hotels. Those customers in the resort at the time were offered every assistance by our dedicated team. We are proactively contacting any customers to address their concerns."
Travel insuranceConsumer rightsInsuranceConsumer affairsTravel & leisureHarvey Jonestheguardian.com © 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved. | Use of this content is subject to our Terms & Conditions | More Feeds |
| READ THE ORIGINAL POST AT feeds.theguardian.com |