Consumer issues travel: Your rights

Consumer  travel rights:  Your rightsConsumer Issue: Many of us are not sure what our consumer travel rights actually are, so please find our guide.

Your travel Rights: In the UK, anyone who (other than occasionally) sells or offers for sale package holidays must comply with the Package Travel Regulations 1992.

The Regulations define a travel package as something which: is a pre-arranged combination sold or offered for sale at an inclusive price covering a period of more than twenty-four hours.

This includes at least two of the following components: transport, accommodation or other significant tourist services (not ancillary to transport or accommodation).

Holiday Purchases

Where package holidays are concerned, if you believe that they are not up to scratch or are sub standard and or not as described in the brochure, raise your concerns immediately with your holiday representative.

  • You may need to ask for and complete a Complaint Form or may have to write a letter detailing the points with which you are unhappy.

Do not let a Holiday Representative tell you that parts of your holiday are not their responsibility as they are not part of their company (such as the airline, they used.) as anything that is booked as part of your package holiday is actually their responsibility.

If your travel issues are not immediately resolved, collect evidence of the problems you have experienced such as photographs and statements from other holiday makers.

  • When you return home send copies of this evidence along with the amount of compensation you want to receive to the Travel Agent with which you booked.

If you do not receive a response or are not happy with the amount of compensation offered then you can contact one of the following, dependant on which the company you booked with are members of:-

  • The ABTA (Associated of British Travel Agents).
  • The AITO (Association of Independent Tour Operators).

If the company you booked with are not a member of either of the above then you could take your claim to the small claims court (or sheriff court if you live in Scotland).

Important

If you choose to arrange your own holiday as a way to save money and set out arrangements to suit your needs then you will not be covered in the same way as when you book a package holiday.

Which means if the Airline goes bump or the Hotel or Guest House which you arrange your accommodation closes then other arrangements will not be made and you will more than likely not get your money back.

It is becoming increasingly more popular to arrange your own Flights, Car Hire and Accommodation by booking them all separately online and in a number of cases this is much more cost effective.

Paying by credit cards

You may be covered by Section 75 of the the consumer credti act if you book using your Credit Card.

The Terms and Conditions surrounding Section 75 of the Consumers Act state that when you make a purchase on your Credit Card or Store Card for an item over £100 but under £35,000.00, then the provider is also liable for anything which may go wrong.

This could be an Agent tour operator or airline going out of business and it certainly could prove to be a really useful piece of information to know as basically it means that Credit Card Providers can give you Refunds on purchases which have gone wrong.

When Does Section 75 Protection Apply?

The Section 75 Act also applies when you have paid a deposit on your card of less than £100 but it is for an item which costs more than £100. Example = you purchase a new sofa:-

* Retail Price £400
* 10% Deposit paid when order placed = £40
* Payment method = Credit Card
* Upon delivery outstanding balance of £360.00 is paid by Cash, Cheque or Debit Card

In this circumstance you would still have the protection of Section 75. Always take care when paying for items on credit so as not to find yourself being charged interest, late or missed payment fees.

Be careful not to assume that any transaction you make on your credit card is protected, it does have to relate to a single item which is £100 plus, not including postage or fees.

Also where you have paid for an item via an agent, such as a package holiday then again you would not be covered as this is not a direct deal. Also take care with your purchases as a return ticket which costs £101.00 (excluding fees would be protected, but 2 singles at £50.50 each would not.



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