So you want to claim compensation

Compensation advice: If you have had a poor travel or holiday experience and would like to complain or request compensation for your holiday disaster.

We have outlined the steps to take and who to complain to, follow our simple rules in order the maximize your chance of receiving compensation.

To minimise the risk of disappointment, the key rules for a successful compensation claim are as follows:

Its most important that you do make a point of complaining, first to the tour operators rep in resort and get copies of what has been said or agreed..

Key points to help your claim.

1. Complain as early as possible, so that the operator, agent, hotelier or owner has a chance to deal with the problem while you are still on holiday.

2. Keep written, photographic and video evidence, and, if appropriate, contact details of witnesses.

3. Keep the claim simple, by focusing on the main issues and explaining why you feel the contract or booking conditions have been breached.

4. Be clear – explain how you have come to the figure you are claiming for. Talking to an adviser from Citizens Advice (www.citizensadvice.org.uk), or to a friend who tries genuinely to see both sides, may help.

The government website and helpline Consumer Direct (0845 404 0506; www.consumerdirect.gov.uk) is also worth trying, as is the Which? website (www.which.co.uk).

5. Be reasonable – you will stand a better chance during a court or mediation process if you are perceived as the reasonable one.

6. Follow the rules – all the court and arbitration processes below have timescales and documentary requirements that you must respect.

Going to court or arbitration
These are your main options for following up a claim.

Small claims court

This is a relatively low-cost procedure (between about £50 and £400, depending on the size of the claim), which operates in the county courts of England and Wales, and is designed to help you follow up a claim without having to pay for a solicitor.

You will have the chance to put your own case in front of a judge. Full details are on the Courts Service website (www.hmcourts-service.gov.uk), but it is also a good idea to take advice before using it. Talk to a Citizens Advice Bureau, or see the advice pages of the Which? website (www.which.co.uk), which has a useful guide to using the service, summaries of your main consumer rights, FAQs, sample letters and so on.

ABTA arbitration

This is a dispute resolution process run by a part of the Chartered Institute of Arbitrators, which can only be used by customers of members of ABTA, the travel association.

It is generally cheaper than the court system, and operates entirely on documentary evidence, so you won’t have a chance to put your case in person, as in a court, and will need to be confident that you can put your case well in writing.

The decision of the independent arbitrator is binding on both sides. You also need to follow certain steps regarding letters of complaint, and follow a set time frame before you can submit your claim. More details and copies of arbitration forms are available online (www.abta.com)

It costs £71.30 for claims up to £3,000, and £96.60 for claims between £3,000 and £5,000.

AITO dispute settlement service

Members of the Association of Independent Tour Operators (mostly smaller, specialised companies who may also be members of ABTA) subscribe to a mediation service run by an independent company (Dispute Settlement Services Ltd).

It makes its decision based on documentary evidence supplied by both parties, although it does have discretion to speak with the parties concerned on the telephone.

If it decides in your favour, the tour operator must make the required payment to the customer within 14 days. Maximum compensation is limited to £2,500 per individual, £10,000 for any one booking.

The dispute should be decided within 49 days of your making an application. Details are on the AITO website (www.aito.co.uk), but are quite hard to find. Click on About AITO, then Why AITO, then Dispute Settlement Service.