Your rights when a hotel falls short
You have spent months looking forward to your holiday. The photos showed a gleaming pool, manicured grounds and a peaceful resort. What you find on arrival is something quite different: building work everywhere, facilities closed, or a room that bears little resemblance to what you booked.
This is frustrating, but you do have options. Your rights depend largely on how you booked the holiday and whether the problems amount to a genuine breach of contract.
If you booked a package holiday, you are protected by the Package Travel and Linked Travel Arrangements Regulations 2018. These rules require tour operators to deliver what they promised. When they fail to do so, they must put things right or offer suitable alternatives. This applies whether you booked through a high street travel agent, online, or directly with a tour operator. However, not all online bookings qualify as packages. The regulations only apply where the booking meets specific criteria, typically combining transport and accommodation sold together at an inclusive price.
For holidays booked separately, such as flights and hotels purchased independently, your rights work differently. You would typically need to take up any complaint directly with the hotel or booking platform. That said, the Consumer Rights Act 2015 may still offer protection if the service was misrepresented, so independent bookings are not entirely without recourse.
What to do when you arrive
If your hotel is not as described, act quickly. Speak to the tour operator's representative or contact the company directly if there is no rep on site. Stay calm and polite, but be direct. State the specific issues you are experiencing and suggest what you think would resolve them.
Keep a record of everything. Use your smartphone to photograph and date any problems. Save copies of correspondence and note down the names of people you speak to along with times. This evidence will be valuable if you need to pursue a complaint later.
Give the tour operator a reasonable chance to resolve the situation. They may offer to move you to a different room, arrange alternative accommodation, or provide some other remedy. Problems are often resolved on the spot, though not always.
If the operator refuses to help or cannot offer a reasonable solution, make clear that you are reserving your right to claim compensation when you return home. Put this in writing if possible. Even a brief email sent from your phone will serve as a record.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
When you cannot stay at the hotel
Sometimes the problems are so serious that staying is not a realistic option. Perhaps the hotel is undergoing major renovations that were not disclosed, essential facilities are closed, or there are genuine health and safety concerns. For significant disruptions involving building works or safety issues, the Competition and Markets Authority has published guidelines on what consumers should expect.
In these situations, you can ask the tour operator to provide alternative accommodation of a similar standard. If they cannot do this, you may request transport to the airport or another departure point so you can return home.
If you have to make your own arrangements because the operator fails to help, keep all receipts. You can claim back reasonable costs for emergency accommodation, transport and meals. The key word is reasonable. You are unlikely to recover the cost of an unnecessary upgrade or extravagant expenses that go beyond what was strictly needed.
Where a package holiday goes seriously wrong and the operator is at fault, you may also be entitled to compensation for loss of enjoyment. This recognises that holidays are meant to provide rest and relaxation, and a ruined trip has a real impact beyond financial loss alone.
Taking your complaint further
If you cannot resolve things with the tour operator directly, you have several options. Start by writing a formal letter of complaint setting out exactly what went wrong, what you have already done to try to resolve it, and what outcome you are seeking.
Many travel companies are members of ABTA, the travel trade association. If your operator is a member, you can use ABTA's dispute resolution service. This provides an independent way to settle disagreements without going to court.
For smaller claims, the county court small claims process may be appropriate. You can find guidance on making a court claim on GOV.UK. The process is designed to be accessible without needing a solicitor, though you should weigh up the time and effort involved against the likely outcome.
Citizens Advice can help you understand your rights and options. Their website has detailed guidance on holiday complaints, and you can also speak to an adviser if you need more support.
If you paid by credit card for a booking between £100 and £30,000, you may have additional protection under Section 75 of the Consumer Credit Act. This can make your card provider jointly liable with the trader, giving you another route to recover your money if the company will not cooperate.
I would kindly ask for advice. We are a family of four and booked an all inclusive package for an hotel in Egypt. Unfortunately our family trip has been a disaster and I don't know if we are entitled for compensation.
Our first room was given at a second floor with no elevator. There was also what seemed to be a fishing hook on the bathroom floor. After complaining, a new room was given but we were asked to wait another night. At the end we had to "remind" them and it seemed a hassle at the end.
The first night during the mini disco for small kids, there were a group of young boys ( about 12-14 years old) who started to play aggressively between them, running around and hitting themselves. They hit my 1 year old who was standing besides me, he hits his head and we ended up in the hospital doing a CT because he vomited twice, unfortunately nothing serious at the end.
The second night, we had dinner at an hotel restaurant. It was on a second floor but open air. There was a cat who asked for food on all tables, but only accepted meat. The cat seemed to roam around freely in the hotel and seems to have kittens somewhere. Anyway, at the end this cat scratched and bit my 3 years old on the arm. The hotel staff told us to go to the hospital next door. She had to take the Rabies vaccine, the first 3 shots were one each 3 days. These shots had to be taken at the public hospital, each trip was very stressful as the hospital was in very poor conditions, you had contact with people with bad health and there seemed to be no health management. We were afraid to catch something else there as people tried to touch our kids and we could not communicate ourselves in there.She ended up having a mild fever reaction. Additionally, the day after her second shot she had a strong throat infection and the day after the 3th shot she got a stomach infection. All due to the vaccines and/or what I believe, poor preparation of the food as my 1 year old and husband also got stomach infections through the trip.
At the end, we almost never used the pool or waterpark and went very few times to the beach and definitely did not enjoy our trip. My 3 years old was the most excited about the trip, since the third day she expressly said she wanted to go back.
We complained to the tour operator from the third day and an alternative hotel was searched, but at the end only paying an extra. We even asked about going back home earlier and we also had to buy new plane tickets. After the medical expenses, we could not afford it and we stayed our 10 days to complete our vacations in hell!
We are due to go back home tomorrow and we are sad we did not enjoy our trip and that it has cost us a lot of money. Your advice is welcomed!
I checked my paperwork from my travel agent which clearly shows on the errata that it’s exclusively adult only and no children allowed
My travel agent are telling me the paperwork confirming my booking was an admin mistake and won’t refund me the money so I can te book another hotel...advise please
I had visited the sister hotel JA palm tree Court AI before and could use the facilities of the sister hotel JA Beach.
This hotel is newly built and opens 1st September.
When I booked the holiday I asked if we could use the restaurants and facilities of the two sister hotels nearby on our All inclusive package.
I was assured that we could use all the restaurants and facilities of the sister hotels.
Gemma the sales assistant even said that she was recommending the cheapest rooms to clients as they could use all the other hotels.
I e-mailed hotel to book restaurants and was totally shocked when they told me I only have deluxe All inclusive and to use other restaurants and bars even in our hotel I would have required to have the Ultra All inclusive.
I have spoken with Destinations2 and am awaiting an answer regarding why I was lied too. The conversation was recorded and everything said should be taped.
I told them I don’t do buffets as my husband had a stroke and has a left sided paralysis and can’t manage carrying and scooping food onto a plate.
I even said I’d cancel but they won’t let me as I’ve paid full balance.
Tui are saying it's fine and if we want to upgrade its at our expense and to cancel the holiday its 50% fee due to the time frame before the date of travel.
Am I right in thinking that they are at fault by law and should either provide a free upgrade or a full refund on the basis of misselling? I'm not trying to get anything for free, but do not feel comfortable taking my family to a hotel that clearly warns against our party numbers staying in the room.
Thanks in advance for any advice.
T
I complained to the manager in the morning, and she only offered me 20% of the cost of the room, (not the total amount we paid). I thought their attitude was wrong and the offer wasn't good enough - We got treated like we were not welcome and they really couldn't be bothered. It spoilt the memory of my daughters 1st birthday, and I will like to make a claim
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