Travel and Holiday Complaints
Verified against 4 sources
- https://www.legislation.gov.uk/uksi/2018/634/contents
- https://www.caa.co.uk/passengers/resolving-travel-problems/
- https://www.abta.com/tips-and-booking-protection/abta-adr
- https://www.legislation.gov.uk/ukpga/2010/15/contents
Travel complaints cover a broad range: delayed or cancelled flights, package holidays that did not match their description, travel insurers refusing claims, and holiday companies going bust. Different rules apply depending on whether you booked a package holiday or flights and accommodation separately, and whether the problem was caused by the airline, tour operator, or accommodation provider.
Key points
- Package holiday complaints are governed by the Package Travel and Linked Travel Arrangements Regulations 2018.
- Flight delays and cancellations within EU261/UK261 rules entitle you to compensation of up to £520 per passenger.
- ABTA and ATOL provide financial protection for package holidays and cover you if your tour operator collapses.
- Unresolved complaints about ABTA members can be referred to ABTA's dispute resolution scheme.
Package Holiday Rights
If you booked a package holiday (where flights and accommodation were sold together by a single operator), you are protected by the Package Travel and Linked Travel Arrangements Regulations 2018. These regulations give you strong rights including:
- The right to a full refund or alternative holiday if the operator makes significant changes before departure
- The right to compensation if the holiday was not as described or fell significantly short of what was promised
- Protection if the tour operator becomes insolvent (through ATOL for air-inclusive packages)
- The right to transfer a booking to another person if you cannot travel
Package holiday complaints should be raised first with the tour operator in writing, keeping all evidence — photographs, receipts for alternative accommodation, and a record of complaints made at the time.
Flight Delay and Cancellation Rights
Under UK261 (the retained version of EU Regulation 261/2004), passengers have the right to compensation for delayed or cancelled flights departing from UK airports, or arriving in the UK on a UK or EU carrier:
- Cancellations or delays of 3+ hours at destination: compensation of £220 (short-haul under 1,500km), £350 (medium-haul 1,500–3,500km), or £520 (long-haul over 3,500km)
- No compensation if the delay was caused by "extraordinary circumstances" (such as severe weather, air traffic control strikes, or security risks)
- Right to care — meals, refreshments, and accommodation during long delays
Claim directly from the airline first. If refused, you can refer the dispute to an approved Alternative Dispute Resolution (ADR) scheme. Airlines must be members of an approved ADR scheme under Civil Aviation Authority (CAA) requirements.
Travel ADR and ABTA
If direct complaints to the travel company fail, several dispute resolution routes are available:
- ABTA: If your tour operator or travel agent is an ABTA member, you can use ABTA's dispute resolution service after receiving a final response. ABTA's scheme can award compensation and is free to consumers.
- Civil Aviation Authority: The CAA oversees airline consumer rights. If an airline refuses a valid UK261 claim, the CAA can take enforcement action (though it does not resolve individual claims).
- Approved ADR schemes for airlines: Most airlines are members of an approved ADR scheme. Check the airline's website for the scheme they belong to.
- Small claims court: For smaller amounts, the small claims process is a cost-effective route if ADR fails.
Cruise and Ferry Complaints
For ferry services within the UK, passengers are protected by EU Regulation 1177/2010 (retained in UK law). If a ferry is cancelled or delayed by more than 90 minutes, you are entitled to rerouting, refreshments, and potentially compensation of 25-50% of the ticket price depending on the delay length. Contact the Maritime and Coastguard Agency (MCA) if the ferry operator does not comply.
For cruises, your rights depend on how you booked. Package holidays including a cruise are protected under the Package Travel Regulations 2018, and your tour operator is responsible. If you booked the cruise directly, check whether the cruise line is an ABTA member — if so, you can use ABTA's complaints process. For ATOL-protected bookings, the CAA provides additional financial protection.
Building a Travel Complaint File, ABTA ADR in Detail, and Equality Act Rights
Travel complaints require organised evidence from the outset — complaints raised weeks or months after a holiday, without contemporaneous documentation, are much harder to pursue. This section explains what to document and how, the ABTA ADR process in detail, and your Equality Act rights as a traveller.
Evidence to gather during and after the holiday: Good travel complaints are built on contemporaneous evidence. During your trip: photograph any discrepancies between the property description and reality (room size, view, facilities, cleanliness); keep receipts for all additional expenditure caused by failures (alternative accommodation, meals, transport); note the dates and times of complaints made at the resort, including the names of staff spoken to and their responses; ask for written acknowledgement of any complaint made on site; and retain boarding passes, booking confirmations, and all pre-departure correspondence. On return: note the impact of the holiday failure on you and your family; keep any medical records if you fell ill at the resort and believe the illness was caused by food or hygiene failures; and preserve all correspondence with the operator.
ABTA ADR process in detail: The ABTA dispute resolution service is available to consumers after they have raised a formal complaint with the ABTA member and received a final response (or eight weeks have passed without a final response). You must submit your complaint within 18 months of the holiday return date. The ADR process has three possible stages: conciliation (a negotiated settlement facilitated by ABTA); mediation (a neutral mediator); and arbitration (a binding decision by an arbitrator). The arbitration stage is binding on both parties if you accept it. ABTA arbitration can award compensation for: the shortfall in holiday value; additional out-of-pocket expenses; loss of enjoyment; and distress and inconvenience — though awards for distress alone are typically modest. The ABTA scheme costs nothing for minor complaints; a modest fee applies for larger arbitration cases (currently £108 for claims up to £5,000), which is recoverable if you win.
Equality Act 2010 and travel: Tour operators, airlines, hotels, and other travel service providers are subject to the Equality Act 2010. They cannot refuse to provide a service, provide a worse service, or charge more because of a protected characteristic. Airlines and tour operators have specific obligations toward disabled passengers under the Air Passenger Rights Regulation (Regulation (EC) No 1107/2006, retained in UK law), including: the right to assistance at airports; the right not to be refused boarding on grounds of disability alone (except where there is a genuine safety reason); and the right to assistance on board. If you were refused boarding, denied assistance, or treated less favourably because of a disability, raise a complaint immediately with the airline or operator and with the CAA. You can also bring a county court claim for disability discrimination in the provision of services — seek advice from the Equality Advisory and Support Service (EASS).
Frequently asked questions
My travel agent went bust — am I protected?
I booked flights and a hotel separately — do the package holiday rules apply?
Can I claim a refund if the holiday was not as described?
I made a complaint at the resort but nothing was done — does this affect my claim when I return?
My airline cancelled my flight and is refusing to pay UK261 compensation — what can I do?
What to do next
- 1ABTA dispute resolution
Resolve disputes with ABTA-member travel companies.
- 2Check ATOL protection
Find out if your booking is ATOL-protected.
- 3Claim flight compensation
CAA guidance on flight delay and cancellation rights.
Official bodies and resources
Financial Ombudsman Service
OmbudsmanResolves complaints between consumers and financial businesses such as banks, insurers, and lenders.
Citizens Advice
CharityProvides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.
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