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Price increases
By law, all brochures must give the price of your holiday legibly, comprehensibly and accurately. It is an offence to give misleading or false information about a price. Whether or not you have to pay a price increase or a surcharge on your package holiday depends on whether the holiday has been booked and confirmed. If the booking has not been accepted or confirmed, no agreement has been made and the operator can increase the price. If the booking has been accepted and confirmed, you will only have to pay the increase or a surcharge if the booking conditions state that this is allowable.
The increase may only be for one of the following reasons:
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an increase in fuel or other transport costs |
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to cover fees and taxes for services e.g. landing fees |
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variations in the exchange rate |
The first 2% of any price increase must be absorbed by the tour operator. You should be given the opportunity to cancel the holiday if the increase is significant. Price increases cannot be passed on in the period 30 days before departure.
Changes to the holiday arrangements
Confirmation of your booking constitutes a binding agreement. If your holiday arrangements are changed you have the right either to accept the change or cancel the holiday. If you are given no choice in accepting the change, you may still be able to claim compensation. If you don't accept the change you can cancel the holiday, but you will only be entitled to compensation if the change means you would be worse off.If you do not query the change it will be taken as acceptance of the change.
Cancellations
If you cancel your holiday for any reason you will usually lose your deposit or have to pay a cancellation charge because you will have broken the terms of the agreement. The agreement should specify whether a cancellation fee has to be paid and the amount specified will usually be binding. If the operator is a member of the Association of British Travel Agents (ABTA), the cancellation fees must be shown in the brochure. If the agreement doesn't allow cancellation, you will be liable for any losses of the holiday firm. Check to see whether your holiday insurance covers the cost of cancellation.
If you just stop your cheque, you may become liable to pay compensation to the holiday firm since you will be breaking your agreement with them.
Once your booking has been confirmed, there is a binding agreement and the holiday firm cannot then cancel the arrangements without breaking the agreement. You are entitled to compensation if the agreement is broken. If the booking has not been confirmed, the holiday firm is entitled to cancel the arrangements.
You have a right to a full refund without paying a cancellation fee if the holiday is cancelled by the tour operator. If an alternative holiday is offered, you can choose whether to accept the alternative or take the refund.
Complaints
Complain as soon as possible after the problem arises to a representative of the tour operator in the resort. Insist that they complete a report on the problem and gather as much evidence as you can - e.g. photographs, names and addresses of witnesses etc. Write to the tour operator within 28 days of your return setting out the problem and adding booking reference number or a copy of your invoice. Send your letter by recorded delivery and keep a copy. Allow them two weeks to resolve the matter or tell them you will consider taking legal action.
For further advice regarding complaints procedure, contact the Association of British Travel Agents (ABTA).
Compensation
You will be entitled to compensation if your holiday was not as you were led to believe. For example, if the brochure, advertisement, or information given by the travel agent or holiday company was misleading. If you are injured or become ill because of somebody else’s carelessness you may claim against the person responsible for the injury, illness or loss.
An offence may have been committed under the Trade Descriptions Act if the description of the holiday was not full and accurate, in which case you could contact Trading Standards as well as claiming compensation. You may also wish to complain about poor accommodation, poor facilities, noisy or dirty conditions, etc.
The amount of compensation would depend on the seriousness of the breach of contract. You may be able to claim compensation over and above the price of the holiday.
Claiming compensation when a holiday firm has gone out of business can be difficult and you will need to see an experienced adviser, for example, a Citizens Advice Bureau (CAB).
Do you have a holiday problem you cannot resolve? See Holiday Watch for support and advice and complaint procedures.
The Civil Aviation Authority Authority (CAA) is the UK's consumer watchdog for the airline industry.
See UKorbit's Travel Pages for general travel advice or book a holiday online.
Visit UKOrbit's Consumer & Advice Centre for further help and information.
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