Arbitration

Arbitration is a scheme dealing with alleged breaches of contract and/or negligence between consumers and Members of ABTA and a scheme has been in operation for the past forty years.  The scheme is provided so that consumers can have disputes resolved without having to go to court and without having to go to the expense of instructing solicitors (though you may chose to use a solicitor if you like, at your own expense).  If you’re unhappy with the outcome you’re not able to go to court and vice versa.

Arbitration is a recognised form of alternative dispute resolution (ADR) and is a cost effective, speedier and a less formal alternative to resolving your dispute through the courts.  It is conducted privately based on written documentation and evidence.

An arbitrator is a neutral person who makes a legal and binding decision (Award) after considering the evidence that both the Claimant and Respondent submit.  The role of an arbitrator is similar to that of a judge and the award will be conducted fairly and neutrally.  Arbitration is a legal process and the arbitrator must make his of her decision based on the law.

You and the respondent are legally bound by the arbitrator’s decision, which is enforceable in the courts.  If your claim includes an element of minor illness or personal injury then this can also be considered by the arbitrator, but is limited to £1,500.00 per person. Please note that before you can apply for arbitration you need to have sent your complaint to us, using the online form on our Resolving Disputes page. We’ll read your case and respond to you, sending you a unique ABTA reference number (e.g. BD/123456). You’ll need to quote this number every time you contact us, whether by mail or by phone.  Your complaint must be about an ABTA Member and should only be used when you’ve reached deadlock.

If you win (or partially win) the Respondent will send you the money they owe you directly.  Payment is due within 21 days from the date the award is issued, unless either party has approached the independent arbitration company (within 14 days of the award being issued) asking for an Appeal.  If you lose or you’re awarded less than previously offered to you by the respondent, you’ll be ordered to pay an amount which is equal to the sum you paid as your registration fee – but no more that that.  For example, if the respondent offers you £500 and you decline the offer, and then the arbitrator awards you £400, you’ll have to pay the equivalent of your registration fee back to the respondent.  The arbitrator does have the power to deduct any sum from what has been awarded. 

Fees

Prices are subject to change.

Appeal

There are only two routes for challenge against the award.

• You can appeal through the High Court, within 28 days of receiving the award, or;
• You can request an appeal under the ABTA Arbitration Scheme Appeals Procedure.  Any application for appeal must be made within 14 days of receiving the award.
• Theses deadlines are strictly enforced and if you don’t apply in time you’ll lose the right of appeal.  There’s no other way to challenge the award.  You may not like the award (the amount awarded) but remember that doesn’t mean that the award is wrong in law. 

To see a copy of the Scheme Rules & Appeal Procedure please click here.

Court Action 

Please note that if you've started court proceedings, arbitration and other alternative dispute resolution schemes may not be available to you.