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Complaints procedures for
Holidays, Travel Agents & Tour Operators
| General
Comment - |
The holiday industry
is well regulated but there are a lot of complaints (after all holidays
are very close to our hearts!). The complaints procedures are fairly complicated
so make sure you have read the procedures below and have not missed anything.
ATOL is part of the Consumer Protection Department managed
by the CAA and is the government's licensing and financial protection
scheme for air holidays and flights sold by tour operators and travel
organisers in the UK.
Most tour operators
and travel agents belong to an association, details of which should be
given in the terms and conditions. ABTA (Association of British
Travel Agents), AITO (Association of Independent Tour Operators)
are the bigger trade associations whose members should abide to their
code of practice. ABTA provides an arbitration scheme for reconciliation
of complaints between customers and tour operators/agencies. The findings
from such an arbitration scheme are usually legally binding.
The Organisation for Timeshare in Europe OTE is the trade association
that represents many timeshare resorts that operate in Europe, North Africa
and the Middle East. They offer consumer advice and a free conciliatory
service between customers and timeshare companies registered with the
OTE.
Plenty of links
to further information have been given below if you are unsure of the
procedures outlined here.
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| Step
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Local resolution
1: In the case of holidays you should read the small print
of the tour operator’s terms and conditions. These usually require you
to register your complaint to the holiday representative whilst you are
actually on holiday. Many complaints are resolved in this manner at the
time. Failing that, you should keep the complaint registration form that
you should be given by the rep to whom you have complained. Try and keep
records of whom you have spoken to on the spot. Keep in mind that if you
accept a resolution to your complaint whilst on holiday you are then often
unable to reopen the complaint when you have returned home. If your complaint
arises before you go on holiday then you should contact the travel
agent with whom you booked the holiday.
Timeshare: Any problems or complaints to do with your timeshare
purchase, from the small print, misrepresentation or pushy sales people,
contact the timeshare resort directly. Remember, you are entitled to a
10 day 'cooling off' period with any timeshare purchased made to a resort
within the EU. However, certain products may not be covered by this legislation.
The OTE website provides further information on this issue.
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| Step
2 - |
Local resolution
2: If you have failed to resolve a complaint on holiday then you should
contact your tour operator on your return. You are usually given a fixed
amount of time to register a complaint following your holiday (often 9
months). Make sure you have all the relevant details with you and they
are included when you submit your complaint. Bear in mind that complaints
about the booking should be directed at the travel agent. Grievances about
the holiday itself are the business of the tour operators.
Timeshare: If the complaint has not been dealt with satisfactorily
with the resort, then send a copy of the complaint in writing to the company
headquarters.
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| Step
3 - |
Authorities:
If you fail to resolve the complaint with your tour operator then you
should contact the relevant trade association. Most tour operators and
travel agents belong to an association, details of which should be given
in the terms and conditions. ABTA (Association of British Travel
Agents), AITO (Association of Independent Tour Operators) are
the bigger trade associations whose members should abide to their code
of practice. ABTA provides an arbitration scheme for reconciliation
of complaints between customers and tour operators/agencies. The findings
from such an arbitration scheme are usually legally binding.
ATOL
is part of the Consumer Protection Department managed by the CAA
and is the government's licensing and financial protection scheme for
air holidays and flights sold by tour operators and travel organisers
in the UK.
If your air travel arrangements are ATOL protected, you are covered
against failures of the tour operator/agency. Air travel firms with ATOL
have to provide the CAA with financial guarantees. This means that
you'll still be able to fly to your destination or receive a refund for
the flight or, if it occurs whilst on an air holiday, to continue with
it as planned. If your complaint is about firms not providing financial
protection, you should direct your complaint to the CAA.
Timeshare:
If you feel that the timeshare resort head office did not resolve your
complaint satisfactorily, you have two options. If the timeshare resort
is a member of the OTE, they will be able to advise you on ways
to resolve it, including offering the use of their conciliatory service.
If the timeshare resort is not a member of OTE, then your best
option is to forward your case to the Trading Standards Office. OTE
can also provide general advice and information and details of specialist
solicitors throughout Europe.
In all cases, if the
complaint is still unresolved then you can seek advice from your local
Trading Standards Office.
They will give you free advice and may take up your complaint for you.
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| Step
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Court: Failing
all else you can still go to court to resolve your dispute. Details of
small claims court and other procedures are given in the Legal Section
of this site. You can also contact the Community Legal Service (justask.org.uk)
that gives access to free advice. Otherwise your local Citizens' Advice
Bureau will give you advice and will sometimes organise free legal representation
for you.
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If you are at all unsure
about any of these steps or would like further information please use the list
of Information links given below. If you click on the icon the relevant site will open a new window.
Links to Information
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Trading Standards
Institute: very useful advice leaflet on holidays (England, Wales, NI). |
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Trading Standards
Institute: very useful advice leaflet on holidays (Scotland). |
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Trading Standards
Institute: very useful advice leaflet on dealing with agents and agencies
in general |
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Office of Fair
Trading: guide to dealing with the holiday industry. |
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Association of
British Travel Agents (ABTA) leaflet explains how they work. |
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Association of
Independent Tour Operators website. |
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Federation of
Tour Operators website. |
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Global Travel
Group website. |
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Travel Trust Association
website. |
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ATOL (Air Travel
Organisers' Licensing) provides your ticket or air holiday protection from
failure of air travel companies and tour operators/agencies. |
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TATOC Association
of Timeshare Owners Committee: Looks after the interests of timeshare owners. |
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BBC's Watchdog
site gives good advice regarding package holidays. |
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DTI's Consumer
Gateway: gives information on your rights and advice regarding complaints.
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Citizens' Advice
Bureaux advice on various travel related issues. |
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