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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor
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How do i try and get compensation from a travel agent after

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how do i try and get compensation from a travel agent after a holiday that was a complete disaster and they have made an offer of £268 compensation on a £8500 holiday

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Please can you provide some more information on why you are seeking to be compensated? Also, how long ago was the holiday?

Customer: replied 4 months ago.
the holiday was booked at tui travel agents in Norwich to florida Orlando total cost was £8117.36 we went on 21 oct 2017 returning on 05 nov 2017 we were booked in to the coco keys hotel when we arrived there they didn't have our room booked after some toing and froing the found us a room but it was totally unacceptable it was damp dirty and generally disgusting so i went to reception and they then found us aroom for myself my wife and my two children wich again was disgusting and very small we just put up with it for the nightand were told we would be moved next morning wich we were to another room again damp and disgusting i then complained to the holiday rep who agreed with me that it was bad to start a holiday of alifetime off like this he then informed me he could move us to another hotel for 750 dollars i said no why should i have to pay he agreed i shouldn't but he would have a word with the hotel and find us another room which they did ok for acouple of days till we had cockroaches and my son cut his foot on the uneven floor we were moved again all in all we were moved 5 times this holiday was booked for my children as they very nearly lost their mother the year before as she was seriously ill with pneumonia

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. There are various things you can try and claim for if a holiday has gone wrong.

First of all, if you booked a specific level of accommodation, but received something lower in class or value, this would amount to a ‘loss of value’. In this case you can claim back any difference in what you paid and what you got.

Next, if you had to spend extra money because of a problem with the holiday, then you can claim for these ‘out of pocket expenses’. For example, the hotel was overbooked or there was a booking error and you had to go elsewhere - any extra amount you had to pay could be claimed back.

Finally, holidays are also covered when something more serious goes wrong with holiday overall - such as really poor facilities which are not as advertised, building work near the hotel spoiling your holiday, etc - this all comes under what is known as ‘loss of enjoyment’.

Whilst you can approach the travel agent directly, which you have done, you cannot force them to issue any compensation and the outcome is entirely in their hands.

You have also approached ABTA but they are just there as a mediator, so again they cannot force the agent to compensate you.

You can use an arbitration scheme, but this is voluntary so they cannot be forced to participate.

The last option is to go to the County Court and pursue them for this compensation and that is the only way you can force them to pay out, assuming you win.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow to take this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Customer: replied 4 months ago.
Ok how do I go about county court proceedings as I have tried all other options

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow to take this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and 3 other Law Specialists are ready to help you

Thank you. If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.