FREQUENTLY ASKED QUESTIONS

This section contains questions consumers often ask us, together with the answers.  If the information you’re looking for isn’t here, you may need to contact the Consumer Affairs information line on 0901 201 5050 (UK calls only).  Calls to this number are charged at 50p a minute.

Before you travel

How do I know if my travel company is an ABTA Member?
Is my money protected?
What should I check for when booking through an ABTA travel agent?
What should I check for when booking direct with an ABTA tour operator?
When should I expect to receive a receipt?
Since making my booking I’ve read some disturbing reviews on the internet about the hotel I’ll be staying in.  Can I cancel and receive a full refund, or change the booking?
I’ve just been told that building work’s taking place.  What are ABTA’s rules on this?
The flight time has changed from the time that was  shown in the brochure.  Is there anything I can do about this?
The tour operator has made a change to my accommodation.  Can they do this?
I have to cancel my booking, but the company is levying charges.  Why are they doing this?
I have to cancel my travel arrangements, but I didn’t have time to take out insurance.  Can I get a refund?
A friend of mine has come back from the resort that I’m going to and has told me that very few facilities are available there. Is there anything I can do about this?
Since making my booking I’ve seen that the cost of the holiday has been reduced.  Am I entitled to a refund of the difference?
My flight has been changed to depart from Stansted instead of Gatwick.  Can I cancel?
I’ve been told that I have to vacate my room some time before the transfer to the airport.  Is this right?
I forgot to pay the final balance when it was due and discovered that my travel company has cancelled my holiday.  Can they do this?
My son booked a holiday.  He isn’t yet 18 and he didn’t have my written authority.  The company is threatening to levy charges.  Can they do this?
I’ve heard that the FCO (Foreign & Commonwealth Office) is advising against travel to a certain area.  Am I entitled to a refund?
I’ve booked my holiday and have discovered that I need a visa for the country I’m going to.  What can I do?

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After you’ve travelled

I had a problem with the holiday that I was unable to resolve in resort.  Who’s responsible for this - the travel agent or the tour operator?
I’ve discovered that the ABTA travel agent booked me with a non-ABTA tour operator.  Can they do this?
I’ve written to my ABTA travel company with details of my complaint.  How long should I have to wait for a reply?
I’ve received a response and I’m not happy with it.  What should I do?
I wrote to the company over 28 days ago, but I haven’t had a reply.  What can I do?
I’ve now received two full written responses, but I’m not happy with them.  How can I pursue the matter further?
I’ve been advised that I can take my case to arbitration.  What is this?
What’s the arbitrator’s role?
What’s an arbitrator’s award?
How’s the arbitration case conducted?
How long will the arbitration procedure take?
How much compensation can I claim?
If my case is unsuccessful, will I have to pay the company’s (respondent’s) costs?
How much will arbitration cost me?
Can the arbitrator or administrator give me advice on my case?
Do I have to attend a hearing?
Do I need legal representation?
How does the arbitrator decide the case?
What if I decide to settle the case before the arbitration’s completed?
Can I refuse the offer of settlement?
If my claim’s unsuccessful, what can I do next?
I’ve been told that if I pursue my claim via my local County Court, the Court could tell me to seek other ways of resolving the dispute.  Is this correct?

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Before you travel

How do I know if my travel company is an ABTA Member?

You can use our website www.abta.com to check whether a company is an ABTA Member.  You can search for the business by name, by postcode, or by using its unique five-digit ABTA number.

Is my money protected?

Many of the travel arrangements provided by ABTA Members are protected in case of the financial failure of the travel company.  You should, however, always ask your travel company if protection applies to your travel arrangements.  Where travel arrangements aren’t already protected, your travel company may be able to offer suitable insurance to cover you.

What should I check for when booking through an ABTA travel agent?

• Check that you get a receipt for all money paid to the ABTA travel agent.
• Check that the name that appears on the receipt is exactly the same as the name of the company to which payment is made.
• Check that the receipt also shows the name of the company that is providing the holiday service (e.g. the tour operator, the airline).  Where your holiday services are being provided by more that one company, you should receive a separate receipt for each service showing the amounts paid.

What should I check for when booking direct with an ABTA tour operator?

• Check that you get a receipt or confirmation document for all money paid to the ABTA tour operator.
• Check that the name that appears on the receipt or confirmation document is exactly the same as the name of the company to which payment is made.
• Where the tour operator is selling you its own holiday arrangements (e.g. a package holiday, accommodation-only) and also offers to sell you services of other companies (e.g. flights, care hire) -

1. Check that you get a separate receipt for those services showing the names of the other companies and the amounts paid for those services.
2. Check that you receive a confirmation document issued by the companies that are providing the holiday services.  Make sure you receive the original document issued by those companies, not a copy.
3. Check that the name on the confirmation document is the same as the name of the company shown on the receipt for those services.

When should I expect to receive a receipt?

You should normally receive all receipt and contract documentation within 10 days of making your booking.

Since making my booking I’ve read some disturbing reviews on the internet about the hotel I’ll be staying in.  Can I cancel and receive a full refund, or change the booking?

Internet reviews aren’t regulated, so if you want to make an amendment or cancel the booking, the tour operator’s terms and conditions will apply.

I’ve just been told that building work’s taking place.  What are ABTA’s rules on this?

There’ll always be minor refurbishment and maintenance work being carried out at properties and most of this won’t affect your holiday.  There’s no requirement under the ABTA Code of Conduct for Members to notify clients of works like these.

However, where the works are likely to seriously impair your enjoyment of the holiday, your ABTA travel company should tell you about them before you book the holiday - provided the company knows about the works.  They should provide you with accurate information about the building works, so that you can decide whether or not to continue with the booking.

If you’ve already booked your holiday and your ABTA travel company then becomes aware of building works that may reasonably be considered to seriously impair the enjoyment of your holiday, they must, without delay, notify you of the situation and offer you the opportunity to transfer to alternative accommodation. Where the alternative constitutes a significant change to your booking, they should offer you the option of cancelling without penalty, or transferring to an alternative holiday, if available.

The flight time has changed from the time that was  shown in the brochure.  Is there anything I can do about this?

Brochures are produced many months in advance.  Flight times must therefore be seen as guidelines, which are subject to change as per the tour operator’s terms and conditions.  Under those same terms and conditions tour operators generally reserve the right to substitute an aircraft or airline whenever this becomes necessary.  This wouldn’t normally be regarded as a major, or significant, change to your booking.

ABTA normally regards as significant a change of flight time or delay to a flight of more than 12 hours, in respect of a 14-day holiday.  A change of flight time of less than 12 hours may still be regarded as a significant change if it involves a shorter holiday.  In these circumstances you can either:

• accept the alteration; or
• cancel the holiday and receive a full refund of all money paid; or
• make alternative travel arrangements of a comparable standard, if available.

The tour operator has made a change to my accommodation.  Can they do this?

This depends whether or not the tour operator specifically states in their booking conditions that they can make changes like this.  If they don’t reserve the right to do so, then any change will be a breach of contract.  If they do reserve the right to make the changes, then they must follow what their booking conditions say. 

ABTA’s Code of Conduct says that booking conditions should provide that, if a significant alteration is made, the tour operator must offer an alternative, if available, or a full refund.  They should also offer compensation, unless the reason for the major change is force majeure.  If the change is to accommodation within the same resort and of a similar standard as the accommodation originally booked, it won’t normally be regarded as a major change.

I have to cancel my booking, but the company is levying charges.  Why are they doing this?

Tour operators sell their holiday arrangements on the understanding that their customers agree to the terms and conditions of the contract.  Most terms and conditions include a clause that details the company's policy in the event of a client cancelling a holiday.  It isn’t relevant whether the operator manages to re-sell the cancelled holiday.

I have to cancel my travel arrangements, but I didn’t have time to take out insurance.  Can I get a refund?

No.  It’s down to the individual to buy appropriate insurance at the time of booking, to ensure that their money is protected should they have to cancel their travel arrangements.

A friend of mine has come back from the resort that I’m going to and has told me that very few facilities are available there. Is there anything I can do about this?

Members advertise facilities and amenities in good faith, but there may be occasions when the advertised services – for example, nightclubs, or watersports - aren’t available.  If this happens, it’s generally during the low season, when resorts and hotels tend to be less busy.  Hotels and resorts do, however, usually try to provide facilities in relation to the anticipated number of guests, and tour operators do impress upon them that all facilities should be available to their guests throughout their stay.

Since making my booking I’ve seen that the cost of the holiday has been reduced.  Am I entitled to a refund of the difference?

No.  In booking your holiday early you had the opportunity of choosing from the widest range of holidays.  This works in much the same way as a shop sale – a shop doesn’t offer refunds to customers who bought goods before the shop put them on sale.

My flight has been changed to depart from Stansted instead of Gatwick.  Can I cancel?

It’s generally accepted that Heathrow, Gatwick, Luton and Stansted airports are all London airports.  This means that flight changes between these airports aren’t considered major, and so clients aren’t automatically entitled to a refund or to compensatory payments.  This is also the case with certain regional airports.

I’ve been told that I have to vacate my room some time before the transfer to the airport.  Is this right?

It’s standard international practice to let rooms from midday to midday, which is why entering a room immediately after a night flight counts as one night's accommodation.  Rooms have to be vacated in sufficient time for them to be cleaned and prepared for incoming passengers.  One way round this is for a guest to make a prior arrangement with the hotel not to take possession of their room until 1200 hrs (noon) on arrival, and to keep them later on the day of departure – again, by prior arrangement.  This is not always possible, however, because of cleaning schedules and because the majority of customers want to go straight to their rooms.  Our Members will do their best to arrange suitable facilities on the last day, but this isn’t always possible.

I forgot to pay the final balance when it was due and discovered that my travel company has cancelled my holiday.  Can they do this?

Yes.  You were advised of the balance due date at the time of entering into the contract with the travel company.  By not paying on time, you’ve broken the contract.  The tour operator is likely to reserve the right to cancel your booking without giving you prior notice and to apply its cancellation charges, which will usually mean that you forfeit your deposit.

My son booked a holiday.  He isn’t yet 18 and he didn’t have my written authority.  The company is threatening to levy charges.  Can they do this?

No.  Your son is classified as a minor, and so he can’t enter into a legal contract.  As such, he’s entitled to a full refund.

I’ve heard that the FCO (Foreign & Commonwealth Office) is advising against travel to a certain area.  Am I entitled to a refund?

In the event of the Foreign & Commonwealth Office advising UK nationals not to travel to a given area, ABTA expects all Member companies to offer clients travelling within approximately 48 hours either an equivalent alternative, or a full refund of all money paid.

In the absence of FCO advice not to travel, if you go ahead and cancel your booking the tour operator may well impose cancellation charges in accordance with their booking conditions. 

I’ve booked my holiday and have discovered that I need a visa for the country I’m going to.  What can I do?

It’s the responsibility of the client to ensure that the passport they hold is valid for the country to which they’re travelling, and that they comply with any visa requirements.  Travel companies can give a certain amount of information about entry requirements for different countries, but these requirements do change from time to time, and so it’s not practical to expect them to be able to offer definitive answers for all destinations.  Instead, you should consult the consulate or embassy of the country you’re planning to visit.  Your ABTA travel company will usually be able to give you contact details.

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After you’ve travelled

I had a problem with the holiday that I was unable to resolve in resort.  Who’s responsible for this - the travel agent or the tour operator?

Responsibility for problems on holiday will depend on what went wrong.  It’s unlikely that your travel agent will be liable.  In the first instance you should contact the tour operator concerned (your travel agent can assist), setting out the problem in full and asking for their comments.  Remember that the tour operator isn’t necessarily liable for problems that arise in resort if they aren’t connected to the services that the tour operator agreed to provide.

I’ve discovered that the ABTA travel agent booked me with a non-ABTA tour operator.  Can they do this?

Yes, ABTA travel agents sell products from a wide range of suppliers, including non-ABTA companies.  If you have a complaint against a non-ABTA company, you’ll need to find out from them what procedures they have in place for dealing with your problem. 

I’ve written to my ABTA travel company with details of my complaint.  How long should I have to wait for a reply?

ABTA Members are required to acknowledge correspondence within 14 days of receipt, and to provide a detailed response to any letter of complaint within 28 days of receipt.

I’ve received a response and I’m not happy with it.  What should I do?

If you’re not satisfied, then you should write a further letter clearly detailing what you’re looking for to settle the dispute.  Tell them what would be acceptable to you.

I wrote to the company over 28 days ago, but I haven’t had a reply.  What can I do?

Send us a copy of your letter, a copy of your confirmation invoice, and a covering letter.  We’ll then chase up a response on your behalf.

ABTA Consumer Affairs Department, 68-71 Newman Street, London W1T 3AH

I’ve now received two full written responses, but I’m not happy with them.  How can I pursue the matter further?

Send us copies of your letters, copies of the replies, and a copy of your confirmation invoice, together with a covering letter.  We’ll then be able to advise you on avenues available to you.  Please don’t send originals or photographs.

ABTA Consumer Affairs Department, 68-71 Newman Street, London W1T 3AH

I’ve been advised that I can take my case to arbitration.  What is this?

Arbitration is a private process by which an independent person, called an arbitrator, resolves a dispute by making a legally binding decision (called an award).  It’s a long-established and effective method of resolving disputes and is the only legal alternative to resolving your dispute through the courts.  Be aware that you may win your case, partially win your case or lose your case, and remember that whether successful or unsuccessful, you and the holiday company remain legally obliged to comply with the arbitrator’s final decision, subject to any review or appeal made by either of the parties.

What’s the arbitrator’s role?

The arbitrator will decide your case on the basis of the evidence you submit.  Their role is similar to a judge, and they’ll make a legally binding award about your case as fairly and as neutrally as possible.  Arbitrators can’t help you to make your case; they can only determine the outcome as justly and speedily as they are able.  All the arbitrators are Fellows of the Chartered Institute of Arbitrators and are qualified and experienced in travel arbitrations. 

The arbitrator will:

• consider the parties’ arguments and evidence;
• act fairly and impartially;
• act according to the law.

What’s an arbitrator’s award?

The award is the judgement that the arbitrator makes in the case.  It’s binding on the parties and generally enforceable in the courts.  At the end of the case a document is sent to the parties that consists of two parts: the award and the reasons.  The award contains the legally binding orders for the parties and the reasons contain the details of the case and the arbitrator’s assessment.

How’s the arbitration case conducted?

The case is conducted on a documents-only procedure.  The arbitrator makes an award based on the documents and evidence submitted by the parties in dispute.  It’s in the interests of each party to state its case clearly and to produce all relevant supporting documents.

How long will the arbitration procedure take?

The procedure takes approximately seven weeks from the date that the application for arbitration is received.

How much compensation can I claim?

A claim for compensation can be made for up to, but not exceeding, £5,000 per person, provided the total amount doesn’t exceed £25,000.

If my case is unsuccessful, will I have to pay the company’s (respondent’s) costs?

If you fail in your claim, it’s likely that you’ll be ordered to pay an amount which is equal to the sum you paid as the registration fee.  You won’t be liable for any other costs unless, for example, you (or the other party) have failed to accept an offer of settlement, which equals or exceeds the arbitrator's award. 

How much will arbitration cost me?

You’ll need to pay a registration fee.  The amount of the fee depends on the amount you’re claiming:

The parties are responsible for the cost of making their cases, including postage, stationery, photocopying and legal representation if used.

Can the arbitrator or administrator give me advice on my case?

No.  The arbitrator and the administrator are impartial, and can’t act as a consultant or adviser to either party.  They can only advise you on procedural matters.

If you need advice, you can seek it from a solicitor, a Citizens Advice Bureau, a law centre, or a neighbourhood advice centre.

Do I have to attend a hearing?

No.  There’s no hearing.  The procedure is based on documents only.

Do I need legal representation?

No, not necessarily. The arbitration scheme was set up expressly to allow the parties to present their cases without the need for legal representation. 

How does the arbitrator decide the case?

The arbitrator decides the case purely on the arguments and evidence presented by the parties.  The arbitrator assesses the evidence and analyses the terms of the contract which were agreed to by the claimant and the holiday company, when the holiday booking was made.  The arbitrator specifically looks for a proven breach of this contract.

The arbitrator will try to help the parties resolve their dispute in any way possible but is restricted to consideration of the documents and evidence submitted.  You must therefore make every point and submit all supporting evidence that you consider relevant.  You must also retrieve and submit any documents sent previously to any other body on which you intend to rely.

Neither the arbitrator nor the administrator are investigators.  So, if you have witnesses to support your case, you must obtain their statements and submit them.  It won’t be acceptable for you to send a list of witnesses and ask the arbitrator to contact them.  Likewise, it isn’t sufficient for you to say that you have evidence.  You must produce it.

Subject to any directions that the arbitrator orders, and to their case load, an award is made within 21 days.

What if I decide to settle the case before the arbitration’s completed?

Either party has a right to enter into settlement negotiations at any time before the arbitrator makes an award.  Negotiations are private discussions between the parties and you should correspond directly with the other party and not through the administrator.  Both parties, however, must notify successful settlements to the administrator, so that the arbitration can be terminated.  Registration fees are non-refundable in the event of settlement, so they should be taken into account as part of the negotiated settlement.

Can I refuse the offer of settlement?

Yes.  The company (respondent) has the right to offer you settlement money, and the claimant has the right to accept or to refuse such offers. 

When offers of settlement are made, you should consider the following:

• Settlement offers aren’t necessarily viewed by the arbitrator as an admission of guilt.
• If the arbitrator awards you an amount equal to, or less than, the amount previously offered by the respondent, you may be liable to pay the respondent a sum equivalent to your registration fee.  This is because it was unnecessary for you to resort to arbitration.
• Any money you receive from the respondent shouldn’t be banked and should be returned to the holiday company before arbitration is initiated.  Remember. if you accept money in full and final settlement of any dispute before or during the arbitration, the arbitration may be deemed void, as you’re agreeing to settle the dispute.

If my claim’s unsuccessful, what can I do next?

If you lose your case there are two ways of challenging the arbitrator’s award.  You can appeal through the High Court within 28 days of receiving the award, or you can request a review under the IDRS Consumer Arbitration Scheme Review Procedure. Details of this procedure are available from the administrator.  Applications for review must be made within 21 days of receiving the award.  Both of these deadlines are strictly enforced, and if you don’t act within the deadline you’ll lose the right of appeal or review.  If no appeal is initiated through the High Court, or review through the administrator, the award will remain legally binding on the parties.

Remember, the fact that you may not like an award made against you (or even in your favour, but not for the total amount claimed) doesn’t mean that the award is wrong in law.

I’ve been told that if I pursue my claim via my local County Court, the Court could tell me to seek other ways of resolving the dispute.  Is this correct?

Yes - a judge can ask whether any other dispute resolution has been considered.  If it hasn’t, the judge can direct both parties to look at other ways to resolve the dispute, such as arbitration, and can postpone the court case for up to one month while you explore this.  Ultimately it can lead to further delays and loss of your court fee. 

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