Reclaim money for a holiday that was not as described
When a package holiday turns out to be nothing like the one you booked, the company you booked with is on the hook, even when the actual problem was the hotel or the airline. A dirty room instead of the sea view you paid for, a closed pool, building works next door or a downgraded hotel are all things you can claim for. This guide is for package holidays, meaning a trip where you bought at least two elements such as flights and a hotel together from one company.
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Under the Package Travel and Linked Travel Arrangements Regulations 2018, the organiser you booked with is responsible for the performance of every travel service in your package, even those run by other businesses. Where there is a lack of conformity, meaning the holiday did not match what was promised, the organiser must put it right. If they cannot, you are entitled to an appropriate price reduction for the period affected, and you can also claim compensation for any further loss of enjoyment, unless the problem was your own fault. If an essential element is changed significantly before you travel, you can cancel and receive a full refund of payments made. If you paid any part on a credit card and the holiday had a cash price over £100 and up to £30,000, Section 75 of the Consumer Credit Act 1974 gives you a further route through your card provider.
Step by step
- 1Report the problem to your rep or the organiser while you are still on holiday so they have the chance to fix it. Keep a written record of what you reported and when, plus their response.
- 2Collect evidence: photos and video of the problem, your booking confirmation showing what was promised, receipts for anything you had to pay for, and the names of any staff you complained to.
- 3When home, write to the organiser within a reasonable time setting out the lack of conformity under the Package Travel Regulations 2018, and ask for a price reduction plus compensation. Quantify each loss.
- 4If they reject or lowball you, escalate to ABTA or the relevant alternative dispute resolution scheme if your operator is a member, raise a Section 75 claim if you paid by card, or take it to the small claims court.
What they'll say, and your comeback
“The hotel is a separate company, complain to them.”
Comeback, Under the Package Travel Regulations 2018 the organiser I booked the package with is responsible for the performance of all the travel services, including those provided by the hotel. My claim is with you.
“We are only offering you a goodwill voucher.”
Comeback, The Regulations entitle me to an appropriate price reduction for the period affected plus compensation for loss of enjoyment. I am entitled to that as money, not a voucher I never asked for.
“Brochure descriptions are just a guide, not a guarantee.”
Comeback, The holiday must conform to what was described and agreed at booking. Where it did not, that is a lack of conformity under the 2018 Regulations and gives rise to a price reduction and compensation.
FAQ
Does this cover holidays I booked piece by piece myself?
The strongest protection applies to packages, meaning two or more elements bought together from one company. If you booked flights and a hotel entirely separately from different providers, you may need to claim against each one individually.
How much compensation can I get?
There is no fixed figure. You get a price reduction reflecting the part of the holiday that fell short, plus compensation for the loss of enjoyment caused. The more evidence you have of the impact, the stronger the figure you can justify.
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A self-serve tool, not a law firm. General information, not legal advice.