If you've arrived at your hotel and found that the description in the brochure bears no relation whatsoever to the hotel you see before you, you have a right to complain.
If you bought the holiday as a package, you have the protection of the Package Travel Regulations, and you can expect the tour operator to do their utmost to put things right as soon as they know you're not happy.
What Should I Do if I Really Can't Stay in The Hotel?
If the hotel is undergoing extensive renovations, the pools are closed and the whole resort looks like a building site, you could argue that the 'quiet' holiday you booked is not being provided - and ask the tour operator (through the rep) for an offer of alternative accommodation.
If there's no way that they can do this for you, and you really can't stay, ask for transport to an airport or station so that you can get home of your own accord. If you have to do this, remember that you can claim reasonable compensation from your tour operator for any extra costs.
Holidays are one of the areas where you can claim for 'lack of enjoyment' if the trip turns out to be a disaster and it's not your fault. If the tour operator did not try to help you, or if they offered you another grotty hotel in place of the one you thought you'd booked - but you decide to stay anyway, you may still be able to claim compensation - either for the difference in the cost of the accommodation you were given, if it was of a lower standard than where you booked, or for disappointment and inconvenience.
If the problems could be blamed on 'unforeseen circumstances' however - such as a hurricane devastating the hotel the day before you arrived, you probably wouldn't be able to claim anything as this is beyond the tour operator's reasonable control!
Who Should I Complain To?
If your holiday was booked as a package, anyone who went on the holiday can complain, and it doesn't have to be the person who booked it.
You should make a complaint to:
- The tour operator if you went on a package holiday
- The provider of the hotel/accommodation or the transport you had problems with if it was not a package holiday
- Your travel agent if your complaint is about services they arranged on top of the package.
What Should I Do First?
You should really make your complaint as soon as possible. If you have a problem while you are away, it helps your case to make a complaint about it while you are there and not wait until you get home.
Take photographs where possible, keep copies of any receipts for extra expenses, and keep a note of any complaint forms you've completed. Always write to the tour operator you are complaining to, even if you previously telephoned. The letter should include as many of the following details as possible:
- your invoice and confirmation number, ticket numbers and any other reference numbers
- the date of your holiday
- how much you paid
- what the problems were and the effect they had on your holiday
- any brochure or advertisement descriptions you believe were misleading
- anything you were told that turned out not to be the case
- details of any travel agent
- what you would like them to do - a refund or compensation for example
- a time limit for a reply
- copies of any documents or any photographs that you took of the problems
- statements from any witnesses.
Remember that under the Sale & Supply of Goods Act, you are entitled to receive goods (that is, a holiday in this case) which fit their description, and which are suitable for any purpose you made known at the time. So if you ask for a holiday suitable for children, there should be facilities for kids. If you ask for wheelchair accessibility, you should not expect a room on the fifth floor, with a broken lift.
If your hotel is not as it was described, or if the quality and standards are appalling, most of the facilities are being refurbished and there's nothing to do in the evenings despite the brochure advertising an entertainment programme...you have every right to complain!
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