Buying a Holiday

Buying a Holiday

As we are all leading busier lives, we look forward to our holidays as an opportunity to take a well-deserved break from routine and to relax and have fun.
So it can be very disappointing when things go wrong.

When booking a Holiday

Ensure that you read the booking terms and conditions carefully, and that you understand them.
Have any special requests recorded in writing, and ensure that they are passed on to the tour operator.
Check that you have adequate insurance and take the policy, or a copy, on holiday.
Check that the tour operator is bonded or has other protective arrangements in place. Does the agent belong to a trade association?
Carefully check your written confirmation, and clear up anything you are not happy with. Make sure that any special requests have been noted.

If things go wrong before you go

If the tour operator makes significant changes to your holiday booking, such as moving you to a different hotel that you are not happy with, or if there a change in travel times are unsuitable or inconvenient, maybe the itinerary has been altered, then:

You should be given the option to cancel and be given a full refund, if you wish.
You might want to try to negotiate a change in the booking to another holiday offered by the operator for a similar price.

If you still want to take the holiday, or it is too late to arrange an alternative, consider taking the following course of action:

Write to the tour operator, informing them that you are not happy with the situation, and that you will assess the effect the changes have on your holiday when you are travelling, or at the resort.
If you are not happy with the changes when you get to the resort, follow the instructions below.

If you have a problem whilst you are on holiday

Take a copy of your insurance policy with you, as well as copies of the relevant parts of the brochure, so that you can check anything quickly and easily.
Make sure that you complain to the local representative at the time, as they may be able to sort things out on the spot.
If you are not satisfied that your complaint has been dealt with appropriately or if it is not sorted out quickly, you may need to do the following

On your return home

Contact the tour operator's head office as soon as possible.
Remember to give your booking reference, be specific about the problem(s), and what you would like the company to do.
Enclose copies of any documentary evidence, photos, receipts, bills, etc - make sure you keep the originals in case you need them for future action.
If you have paid by credit card, also complain to your credit card company.
Don’t be fobbed off! You may need to write again if you are not happy with their initial reply.

Can I do anything else?

If you can’t resolve the dispute, you may have to consider legal action. This could be through the county courts. If your claim is for £5,000 or less, it will probably be heard as a ‘small claim’, this will keep your costs down. Alternatively, if your tour operator is a member of ABTA, you could consider their documents-only arbitration scheme. Do take advice on this first, though.

If you feel there was a misrepresentation of any facilities or other aspects of the holiday, either verbally or in writing, let your local Trading Standards Service know. If there is sufficient evidence to show that an offence has been committed, they may want to take action under the Trade Descriptions Act. However, do bear in mind that this will still not resolve your own contractual dispute with the company, and you might have to carry on with your own civil law case for breach of contract, in court, if necessary.

The Department of Trade and Industry has information on their website relating to consumer rights when buying package holidays. Please see the link on the left.

BEWARE OF BUYING TIMESHARE

What is Timeshare?

Timeshare is buying the right to spend time in a particular property at specific times in the year. You will not actually own the property, you will just be buying specific 'time slot'.

Before you agreeing to buy timeshare, you need to carefully consider that;

You will still have to pay for your flights, transfer and insurance costs on top of the purchase price of the timeshare.
You will probably be expected to pay a yearly maintenance charge on the property – this can often be very expensive.
You may find it difficult to exchange your allotted time in the property or sell your timeshare in the future.

Many companies sell timeshare by inviting people to presentations. They attempt to persuade you to attend by telling you have won a ‘holiday’ or a ‘prize’. Some offer free tickets for local attractions. If you do attend a presentation, then you may be subject to lengthy high pressure techniques aimed at persuading you to sign up. Consider whether you want to spend your long-awaited holiday time on the beach or listening to a presentation.

Any prizes that they claim that you may have “won” often come with hidden extra charges, such as booking or administrative fees for taking up 'free' holiday/flight vouchers. Remember, if you didn’t enter a competition or draw then you can’t have won anything – be aware that this may be a sales technique to attract your interest.

If you are interested in timeshare, do your research first and get all the relevant details in writing. Check with the Organisation for Timeshare In Europe (OTE) through the link on the left for their advice on reputable companies.

If you do get caught out and sign up for a timeshare at a presentation within the UK, the Timeshare Act 1992 gives you the right to a minimum of fourteen days to cancel or 'cool off'. These cancellation rights must be included in the agreement. However, the Act only relates to fixed properties and in some circumstances, caravans.

If you are on holiday abroad, you may often be pestered by timeshare sellers in the street. Be especially careful because if you sign up abroad, you may not be able to enforce your cancellation rights.

The Department Trade and Industry has information for consumers relating to Timeshare

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