Nightmare holiday? Here’s how to get compensation
If your dream holiday turned into a nightmare this summer, you could get some compensation. From flight delays and car hire complaints to hotels from hell, here is what you need to know.
If your flight takes off or lands in the UK or the EU, or is with an airline based in those areas, you’re protected by rules that let you claim compensation or get a refund if things go wrong. Connecting flights are also covered, as long as you booked all parts of the journey at the same time.
You can claim if your flight is delayed by more than three hours (measured from the time it was supposed to land). However, you can’t claim if the delay is outside the airline’s control, for example because of bad weather or air traffic control problems.
If your flight is cancelled, you are legally entitled to a full refund or a replacement flight. You may also be able to claim compensation if the airline has cancelled less than 14 days before departure, or the replacement flight means you arrive at least two hours late.
The exact amount you will get depends on when the flight was cancelled, the distance of the journey and the length of the delay. For example, if your flight was delayed by at least three hours and was a distance of less than 1,500km (Manchester to Madrid is about 1,450km) you could get £220. If a flight of the same distance was cancelled with less than seven days’ notice, and the replacement flight arrived up to two hours later than you had planned, you could get £110.
You have six years to make a claim for a delayed or cancelled flight. If your airline refuses to pay, check whether they are signed up to an Alternative Dispute Resolution (ADR) scheme using the UK Civil Aviation Authority’s website. You can lodge your complaint with that ADR body.
For journeys that do not begin or end in the UK or EU you should check the terms and conditions of your airline’s cancellations and refunds policy, as what you will be offered will often depend on legislation in the country where the airline is based. Wherever you fly to, compensation is usually based on how far you travel and how long you are delayed.
If your accommodation is not as advertised or something goes wrong, you can try claiming compensation from the hotel. “There is no set formula to the amount of money you’ll get back, but it should be a proportionate refund to reflect the fact that some parts of your holiday were spoilt,” said the consumer rights expert Martyn James.
For example, if you have had food poisoning from hotel food, you might ask for a refund on the accommodation for the number of days that you were unwell. Gather as much evidence as possible, such as photographs and testimonies from other guests who experienced the same problem, which could help to support your complaint. If this fails, you may be able to claim under Section 75 of the Consumer Credit Act if you paid by credit card and it cost more than £100. Ask your card company for a claim form.
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Package holidays offer better protection. The tour operator must legally offer a refund or provide a solution, such as another hotel, if you do not get what was advertised.
If you are struggling to get your money back, check whether the company you booked through is a member of the travel association Abta if it is a travel agent, or the Association of Independent Tour Operators (Aito) if it is a tour operator. Making a complaint to Aito will cost £140.
Common complaints about car hire include high-pressure sales tactics, unfair charges for damage and hidden extras costs such as a daily fee for an extra driver. “We’ve seen instances of customers being charged several hundred pounds just for a scratch,” said Ben Wooltorton from icarhireinsurance.com.
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If you feel you have been charged unfairly or mis-sold, complain to the car hire company and ask for a refund. If this fails, there are consumer services that could help. The European Car Rental Conciliation Service helps drivers to resolve complaints, but only if the hire company is a member. Large companies such as Enterprise and Budget are signed up, but smaller firms may not be, in which case you could seek help from the UK International Consumer Centre, which offers free advice for those who have problems with companies outside the UK.
Wooltorton said it was hard to prove mis-selling or high-pressure selling, but you can make a case for false or unfair damage charges by taking pictures of your hire car before and after use.
If you have exhausted all your options, try making a claim under Section 75 of the Consumer Rights Act.
Some 574,000 travel insurance claims were lodged in 2023, up 59 per cent from 362,000 the previous year, according to the Association of British Insurers, a trade body. A total of £511 million was paid out, with the average claim for those aged 36-40 at £518 and £1,830 for 71 to 75 year olds. Common claims were about medical costs and baggage.
There are a number of reasons your claim may be rejected. If you failed to disclose an existing medical condition your policy may be invalid, leaving you to pay any medical bills. Some policies do not cover expensive jewellery or electronics, and you may not be covered for water sports or winter sports.
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You can complain to your insurer and it has eight weeks to respond. If you are still not happy, you can contact the Financial Ombudsman Service. It can force your insurer to pay compensation if it rules in your favour. The FOS had 4,466 complaints about travel insurance in 2023-24, up 19 per cent from the previous year. It found in favour of the consumer in 44 per cent of cases.
If you have an accident abroad that is someone else’s fault, for example a car crash, check if your travel insurance policy covers legal costs so you can pursue a compensation claim in that country.
“Be mindful that the law of that country will apply, and the levels of compensation will also be determined by that country,” said Ian Brown from the legal firm Trowers & Hamlins.
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