Holiday Ruined or Not As Described? Claim It Back — Free
Dirty hotel, pool closed, overbooked accommodation, or your entire trip cancelled at short notice? Under the Package Travel and Linked Travel Arrangements Regulations 2018, the tour operator is liable for the whole package — not just their slice of it. We draft your complaint letter at no charge.
Check My Holiday Claim — FreeWhat Counts as a Package Holiday?
A package holiday is a pre-arranged combination of at least two different types of travel service purchased together from a single provider (the "organiser") for the same trip. The most common combination is flights + hotel, but the rules also cover:
- Flights combined with car hire, transfers, or excursions sold by the same company.
- Hotel or cruise packages combined with any other travel service (including rail or coach travel).
- Holidays where the traveller selects services from a single booking process — even online — that are then bundled together before a single payment is confirmed.
The defining feature is that one company takes overall responsibility for delivering the combined trip. That company is the organiser and is the correct target for your complaint.
Protected Under the Package Travel Regulations 2018
The Package Travel and Linked Travel Arrangements Regulations 2018 implement EU Directive 2015/2302 into UK law. They make the organiser fully liable for any failure of any part of the package — whether caused by the airline, the hotel, or a transfer company. You do not need to chase each supplier separately. The organiser is your single point of accountability.
Common Package Holiday Problems
These are the most frequently raised issues in package holiday complaints. Each gives rise to a potential claim for a price reduction and/or compensation under the Package Travel Regulations 2018.
Hotel Not as Described or Lower Standard
The accommodation you received was materially different from what was shown in the brochure or booking confirmation — wrong room type, lower star rating in practice, poor-quality fixtures, or outdated facilities. The Regulations require the organiser to deliver the holiday as described. Where what is provided falls short, you are entitled to a price reduction reflecting the difference in value and potentially compensation for loss of enjoyment.
Overbooked or Downgraded Accommodation
Arriving at your hotel to be told it is full, or being moved to a lesser property without your agreement, is a clear failure of the package. The organiser must either provide equivalent or superior accommodation at no extra cost or, where that is impossible, offer you a suitable refund. Simply being relocated without explanation or compensation is not acceptable.
Dirty or Unsafe Accommodation
Unclean rooms, pest infestations, broken or dangerous equipment, inadequate security, or conditions that posed a risk to your health and safety all constitute a failure to deliver a service with reasonable care and skill. Photographs taken in resort, combined with any written complaints made to the hotel or the tour operator's representative, form the core of a strong claim.
Missing or Closed Facilities
If the swimming pool, restaurant, bar, spa, gym, or other specific amenity was advertised as part of the package and was closed, under construction, or unavailable during your stay without prior notice, this is a failure of what was sold to you. Partial closure of facilities during a significant portion of your stay can support a proportionate price reduction claim.
Significant Changes After Booking
The organiser must notify you promptly of any significant change to the package before departure — such as a hotel switch, flight time change of more than a few hours, or a change of resort. Under the Regulations, you have the right to accept the change, accept a substitute package, or receive a full refund. Changes imposed without proper notice or offered as a fait accompli at the airport are a breach of your statutory rights.
Holiday Cancelled by the Organiser
If the organiser cancels your holiday (other than due to unavoidable and extraordinary circumstances beyond their control), you are entitled to a full refund within 14 days and may also be entitled to compensation. Refunds delayed beyond 14 days carry their own right of redress. Cancellations caused by the organiser's own commercial decisions — overbooking, financial difficulties, or administrative failures — are not "extraordinary circumstances."
Illness Caused by Poor Hygiene
Gastric illness, food poisoning, or other health problems caused by inadequate food hygiene or sanitation at an included hotel or restaurant are the organiser's liability. You will need medical evidence (a GP or hospital record from resort or on return) and ideally evidence that other guests were similarly affected. The organiser cannot simply deny liability by pointing to the hotel as an independent third party — the Regulations eliminate that defence.
Transfers or Excursions Not Provided
If airport transfers or excursions were booked as part of the package and were not delivered — the coach did not arrive, the excursion was cancelled without a refund, or you were left to arrange and pay for your own transport — the organiser is liable for the cost and any consequential losses. Keep receipts for any alternative arrangements you were forced to make.
Your Rights Under the Package Travel Regulations 2018
The Organiser Is Liable for the Whole Package
This is the central protection of the Package Travel and Linked Travel Arrangements Regulations 2018. Unlike booking flights and hotels separately, a package booking places full legal responsibility on the organiser for every element of the trip. If the airline loses your luggage, the hotel is substandard, or the transfer company fails to appear, your complaint goes to the tour operator — not each individual supplier. The organiser cannot escape liability by arguing that a third-party supplier was at fault.
Price Reduction and Compensation
Where any part of your package was not performed in accordance with the contract, you are entitled to claim:
- A price reduction — a refund proportionate to the element of the holiday that was not delivered or was below the contracted standard.
- Compensation for unavoidable damage — including compensation for loss of enjoyment, distress, and inconvenience caused by the failure. Courts and ABTA adjudicators routinely award this alongside a price reduction.
- Reimbursement of reasonable expenses — for example, the cost of meals you paid for separately because the included board basis was unavailable, or transport costs caused by a missed transfer.
You are not entitled to compensation if the failure was caused by unavoidable and extraordinary circumstances entirely beyond the organiser's control and which could not have been avoided even with all reasonable precautions — but this is a high bar, and the organiser bears the burden of proving it applies.
Report Problems in Resort — It Matters
The Regulations require you to report any lack of conformity to the organiser (or their local representative) without undue delay. This does not mean your claim is invalid if you did not complain in resort, but early reporting gives the organiser an opportunity to remedy the problem and creates a contemporaneous record. If you reported a problem and nothing was done, that strengthens your position considerably. If you did not report at the time, explain why in your complaint — for example, no representative was available or accessible.
Gather and Preserve Evidence
Strong claims are supported by evidence. Useful evidence includes:
- Photographs and videos taken in resort (with timestamps where possible).
- Written complaints made to the hotel, tour operator representative, or airline.
- Medical records or a letter from a GP if you suffered illness.
- Receipts for any out-of-pocket expenses caused by the failure.
- Your booking confirmation showing the facilities and standard that were promised.
- Statements from travel companions who witnessed the same problems.
How Octave Resolution Services Helps
Free Complaint Letters — Drafted for You
We are not a law firm and we do not provide legal advice. What we do is draft a clear, professionally structured complaint letter to the tour operator, citing the Package Travel and Linked Travel Arrangements Regulations 2018 and the specific failures that apply to your situation. Our letters:
- Identify the organiser's liability — citing the Regulations and making clear that responsibility for the whole package rests with them, not individual suppliers.
- Set out your claim precisely — distinguishing between the price reduction you are entitled to and any additional compensation for distress and loss of enjoyment.
- Reference your evidence — so the complaint is grounded in what actually happened, not just a general grievance.
- Set a clear 14-day response deadline — with formal notice that unresolved matters will be escalated to ABTA, ABTOL, or the courts as appropriate.
- Maintain a compliant, firm tone — professional and fact-based, which tends to produce faster and better outcomes than an angry letter.
The service is 100% free to consumers. We do not charge fees, take a percentage of any outcome, or require any payment at any stage.
Escalation Routes if the Organiser Refuses
If the tour operator rejects your complaint or fails to respond within a reasonable time, the main escalation routes are:
- ABTA — if the organiser is an ABTA member, you can refer the dispute to ABTA's Alternative Dispute Resolution scheme. ABTA adjudications are binding on the member and the process is free to consumers.
- ABTOL (formerly ATOL) — provides financial protection if the organiser becomes insolvent; ABTOL can also be referenced in correspondence to signal that you understand the financial protection framework.
- County Court (Small Claims Track) — for claims up to £10,000 the small claims process is accessible to consumers without legal representation, and court fees are recoverable if you win.
We can advise on the most appropriate route for your situation and provide further guidance at no cost.
Your Holiday Was Supposed to Be Better Than This
Time limits apply — the sooner you make a formal complaint, the stronger your position. Our letters are drafted promptly after receiving your details, at no charge to you.
How the Process Works
- Step 1 — Free assessment (2 minutes): Tell us what went wrong — the organiser, the problems, and the evidence you have.
- Step 2 — We review your situation (within 24 hours): We identify the elements of your claim under the Package Travel Regulations 2018 and the most appropriate route for resolution.
- Step 3 — Complaint letter drafted (within 48 hours): A tailored, firm letter citing the Regulations and your specific grounds is prepared for you.
- Step 4 — You send the letter: We provide clear instructions for submitting the complaint to the organiser by email and recorded post.
- Step 5 — Support if needed: If the organiser does not respond satisfactorily, we advise on next steps — ABTA referral, ABTOL, or small claims — all at no cost.
We are not a law firm and we do not provide legal advice. We are a free complaint letter drafting service. We cannot guarantee any particular outcome. Results depend on the specific facts of your case and the decisions of the organiser or any dispute resolution body.
Package Holiday Claims — FAQs
-
What counts as a package holiday?
A package holiday is a pre-arranged combination of at least two different types of travel service — for example, flights and a hotel, or a cruise and transfers — booked together from a single provider (the "organiser") for the same trip. The key is that one company takes overall responsibility for the whole trip. If you booked your flight and hotel separately from different companies, the Package Travel Regulations 2018 do not apply to that booking; you would need to pursue each supplier individually. If you are unsure whether your booking qualifies, tell us what you booked and who you booked it with and we can advise.
-
My hotel wasn't as described — can I claim?
Yes, in most cases. Under the Package Travel and Linked Travel Arrangements Regulations 2018, the organiser is liable for any failure to deliver the package in accordance with the contract — including accommodation that falls below the standard or description you were sold. If the hotel was materially different from what was advertised (wrong room type, lower actual standard, facilities that were closed or unavailable), you can claim a price reduction reflecting the shortfall in value and, separately, compensation for loss of enjoyment and distress. Evidence such as photographs, written complaints made in resort, and your original booking confirmation all strengthen your position. This information is general in nature and does not constitute legal advice.
-
Who is responsible — the hotel or the tour operator?
Your complaint should be directed at the organiser — the company you booked your package with, typically the tour operator. One of the central protections of the Package Travel Regulations 2018 is that the organiser is fully liable for the performance of every part of the package, regardless of which supplier actually caused the problem. The organiser cannot simply say "it was the hotel's fault" or "you need to take that up with the airline." They accepted responsibility for the whole trip when they sold it to you as a package. This significantly simplifies your position: one complaint, to one company.
-
What should I do while I'm there?
Report problems to the hotel or the tour operator's local representative as soon as possible and give them a reasonable chance to fix the issue. The Regulations expect this and, practically, a contemporaneous complaint creates a record that is very useful later. If the problem is not resolved, put your complaint in writing — an email to the tour rep or the organiser's customer service address is ideal. Take photographs or video of any issues with timestamps where possible. Keep receipts for any extra expenses you incur because of the failure. If you were too ill, or no representative was accessible, note that in your later complaint — it is a recognised reason for not complaining in resort.
-
How long do I have to make a claim?
In England and Wales, the general limitation period for contract claims is six years from the date the breach occurred, so in practice from the time the holiday problem arose. However, the sooner you make a formal complaint the better: evidence is clearer, your memory is fresher, the organiser cannot argue delay as a reason to reduce any award, and ABTA's Alternative Dispute Resolution scheme has its own time limits that can be shorter. We strongly recommend starting your complaint as promptly as possible after returning. This information is general and does not constitute legal advice; time limits in other circumstances may differ.
-
Is your help free?
Yes — completely free. Octave Resolution Services provides free complaint letter drafting for consumers whose package holiday was not delivered as promised. We do not charge fees, take a percentage of any outcome, or require any payment at any point. We are not a law firm and we do not provide legal advice. If you need formal legal representation you should consult a solicitor. Contact us at nc.octave@gmail.com.