First and foremost, get health and travel insurance before you travel – a small investment can save you a lot of money in the long run. In the event of a claim, you will need your policy number and contact details of the claims line, so remember to either pack or email yourself copies of your insurance documents so you have them to hand. Some policies have strict requirements on reporting certain incidents to the police or local authorities e.g. thefts, accidents etc – normally within 24 hours. Check carefully that you have cover for the area of the world you are travelling to – some European policies will not include Turkey for instance. Remember that many sporting and other activities are excluded unless you request cover – winter sports cover is an absolute must if you are skiing.
Home > Legal Services > Small Claims Service > What to do if your dream holiday turns…
What to do if your dream holiday turns into a nightmare…
Ever arrived at a hotel to find it isn’t anything like the brochure, or fallen ill as a result of dodgy hotel food or pool facilities? Whilst there’s no getting away from the disappointment problems like this can cause, remember there is something you can do about it.
With holiday season just around the corner, Masons Law litigation lawyer Peter Adkins gives his advice on how to make a claim for compensation for problems whilst on holiday.
Take as many photos or videos as possible – you can never have too much evidence to support a case. These should aim to back up whatever claim you are making; so if you’ve suffered food poisoning for example, take photos showing poor food hygiene at the hotel, such as uncovered food or dirty kitchen facilities. If it is a dangerous swimming pool or building take photos from every angle and take measurements where relevant.
Don’t wait until the end of your holiday to report a problem, lodge your complaint as soon as possible, tell the holiday representative, hotel manager and police straight away. Your claim may be affected if you don’t give them a chance to remedy things. Make sure you make a note of the person you reported it to and if it is for an injury, get it logged in their accident book and ask for a copy. If you’re not happy with their response, you’ll need to take this further when you get home. To help you, there are some template letters on holidays not matching the description and food/water poisoning.
Whether you’ve tripped up on faulty equipment, had an accident, or become unwell through the swimming pool water; get medical assistance as soon as it happens. Make sure you ask for a copy of your medical report, as well as any medical receipts for your claim. Often insurance policies require you to contact them before treatment starts. You should also get another check-up when back in the UK, as once you settle you can’t usually go back for more compensation if you later realise you are still suffering.
It’s important to keep a daily diary highlighting how your issues impacted your holiday, as this will ultimately affect how much you can claim back. For example, if you were bedridden for the entire holiday it might be reasonable for you to get a full refund, whereas if it only reduced your enjoyment for a small part of the holiday, then your reasonable compensation will be less.
It’s wise to take down names and addresses of other guests who witnessed your accident/ situation or have suffered the same problems as you. Your claim will be even stronger if other people are prepared to back you up and make a statement.
Be it a taxi fare to the hospital, medication or phone call to someone at home, keep a log of all expenses and receipts. You may be able to claim these back if they are a direct result of the breach or failings of the holiday company.
Don’t feel obliged to accept a small token of compensation if you feel you have a strong case. Remember you have rights and are entitled to a fair deal!
If you’re travelling with an airline based in the EU or with a non-EU based airline flying from an EU airport, then you have certain protections and rights under EU Regulations. The airline has an obligation to offer you help and possibly compensation if your flight delay is expected to go beyond a time of 2-3 hours depending upon the length of your flight. If the airline can prove the delay was caused by ‘extraordinary circumstances’, then no compensation is payable. Extraordinary circumstances are situations outside the control of the airline e.g severe weather. Keep a record of flight numbers, times and the reasons claimed for any delay.
For more advice and to find your nearest Masons Law firm, visit our website on https://wordpress.thedevelopment.in/maisonlaw/.
Please note: the law varies from country to country so the following is only a general guide.
Expert legal advice you can rely on:
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Advice caused loss
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Building work and property
repairs - Business debt
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- Hotel - poor service
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Insurance company not
covering claim - Internet purchase
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Top Tips to making
holiday claims -
Travel - delays or lost
luggage - Water supply and sewage
Small Claims Service
Experiencing disagreement and conflict can be uncomfortable, stressful and, if not dealt with promptly, the situation can escalate. Our team of experienced small claims solicitors can help you bring a fair end to your dispute quickly, so that you can end the stress and get on with your life.
Advice caused loss (Professional negligence)
If you have suffered a financial loss because of bad advice or a mistake made by a professional advisor then you may be able to claim compensation.
Building work and property repairs
Falling out with your neighbour can be particularly distressing for you and your family.
It can affect your enjoyment of your home and garden. It can also be intimidating knowing that you may have to pass your neighbour in the street.
Business debt
A compulsory treatment order (CTO) is used by healthcare professionals to ensure that mental health patients receive the treatment they need - even when they’re unable to make their own decisions.
Car or vehicle repairs
Where you have a dispute over repairs to your car (or other vehicle) the amount of your dispute (including losses and expenses) is likely to come to less than £10,000. Therefore you will need a cost –effective legal solution. Our Small Claims Service should be able to help.
Credit Card
You may also be able to get your credit card company to pay your claim for a faulty product or a poor service (including refunds or the cost of repairs) together with any extra losses and expenses you have suffered.
Insurance company not covering claim
If something has gone wrong, then you will be relieved if you took out insurance to protect you against the risk.
Internet purchase
Landlord and tenant dispute
Both landlords and tenants can become unhappy because the other is not complying with the terms of their rental agreement. Landlord and tenant law can be quite complicated but the best solution is often found by having a conversation.
Where this fails, put your concerns in writing. Two of the most common situations are covered in the sample letters below.
If that still does not do the trick, you can use our service to take advice on your situation. We can help you with the next steps – which might be mediation.
Neighbour disputes
Falling out with your neighbour can be particularly distressing for you and your family.
It can affect your enjoyment of your home and garden. It can also be intimidating knowing that you may have to pass your neighbour in the street.
Parking ticket
Pay or wage dispute
Falling out with your neighbour can be particularly distressing for you and your family.
If you have not been paid what you think you are due, then you should speak to your boss (or line-manager) to find out why. This applies if the dispute is over pay or other benefits. It might just be an error. But it might be that there is a disagreement over what you are entitled to.
Shop purchase
Where you have a dispute over something you bought in a shop and the value of your dispute is less than £10,000, then our Small Claims service should be able to help.
Small Claims - Debt
Falling out with your neighbour can be particularly distressing for you and your family.
Find out more about the law and your rights if you're owed money.
Top Tips to making holiday claims
Ever arrived at a hotel to find it isn’t anything like the brochure, or fallen ill as a result of dodgy hotel food or pool facilities? Whilst there’s no getting away from the disappointment problems like this can cause, remember there is something you can do about it.
Travel - delays or lost luggage
The main disputes you are likely to have with travel companies are delays to your journey and damage to your luggage.
Water supply and sewage
Falling out with your neighbour can be particularly distressing for you and your family.
It can affect your enjoyment of your home and garden. It can also be intimidating knowing that you may have to pass your neighbour in the street.
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