Holiday Claims

Given that we go on holiday in need of a well earned break and in search of relaxation, why is it that the first thing we do is submit ourselves to the stress of travelling for hours, often in a very cramped aircraft? I don't know the answer, but we all do it, sometimes spending several thousands of pounds for the privilege.
 
It is therefore all the more disappointing when the holiday destination does not reach our expectations. Depending upon the extent of the failure to please you could be entitled to claim compensation.
 
There are two main grounds upon which you can claim your compensation. First, there may have been a breach of contract, if what you get differs from what you expected. This may relate to something that was expressly agreed and paid for; or just that the holiday of an unsatisfactory standard. The Package Travel Regulations also imply certain terms into a holiday contract.
 
Second there may be misrepresentation, such as where the brochure has disguised the true nature of the hotel.
So assuming that you are able to prove that the holiday was unsatisfactory, what can you claim compensation for? The basis of your claim will determine the nature of the compensation but generally speaking you can claim for the following;
  • Loss of Bargain - this is the difference between the full cost of the holiday and the value of the holiday which you actually got. There is no set rule for calculating this claim, so it could either be on a straight arithmetical basis or simply on your perception of the value of the holiday.

  • Loss of Enjoyment - In certain circumstances this could be more than the value of the holiday.

  • Out of pocket expenses - these must be reasonably foreseeable but the possibilities are endless.
You may also claim for any loss or damage to your property or money whilst staying in a hotel under the Hotel Proprietors' Act 1956. You do not have to show that the hotel owner was in any way to blame.
 
If you have a claim for compensation, it is vital to consider how will you prove what you are alleging. You therefore need to gather evidence (such as photos) whilst still on holiday. You should also make a clear (but pleasant!) complaint to your holiday rep and keep full written details. Enjoy your holidays!