Travel & Holiday Dispute Solicitors
A holiday that bore no resemblance to what was sold, a hotel nothing like its photos, or a flight cancellation that left you stranded — travel operators have legal obligations, and a solicitor will hold them to account.
Travel and holiday disputes involve the Package Travel and Linked Travel Arrangements Regulations 2018, the EU Air Passenger Rights Regulation EC 261/2004 (retained in UK domestic law), ATOL protection for failed bookings, and the Consumer Rights Act 2015 for individually booked components. The organiser of a package holiday is strictly liable for the improper performance of any service forming part of the package — whether or not the failure was the organiser's own fault. A solicitor will identify the applicable regime and pursue the full compensation available.
Types of Travel & Holiday Claim
Travel disputes — the specific legal regime for each type of claim and what it provides.
Different types of travel dispute are governed by different legal regimes — each with its own rights, time limits, and remedies. A solicitor will identify the correct regime and pursue the appropriate claim on that basis.
Package holiday — organiser's strict liability
The Package Travel and Linked Travel Arrangements Regulations 2018 make the organiser of a package holiday strictly liable for the proper performance of all the travel services included in the package — regardless of which supplier provided them. If the hotel is below the standard promised, the transfer fails to arrive, the excursion is cancelled, or the hotel is situated miles from the beach described — the organiser is liable. Compensation is available for: difference in value between the holiday booked and the holiday received; additional expenses incurred; and "loss of enjoyment" damages for the spoiled holiday. A solicitor will quantify the full loss and pursue the organiser for the complete entitlement.
Flight delay and cancellation claims — UK261
The retained EU Regulation EC 261/2004 (now UK261) provides fixed compensation for delayed and cancelled flights — £220 for flights under 1,500 km, £350 for intra-EU flights over 1,500 km, and £520 for all other flights — where the delay is 3 hours or more, or the flight is cancelled without 14 days' notice. The airline must also provide care (meals, refreshments, accommodation where necessary) during a delay. UK261 applies to flights departing from a UK airport, and to flights arriving at a UK airport on a UK or EU carrier. Airlines routinely claim "extraordinary circumstances" to avoid liability — a solicitor will challenge that defence where the delay was caused by something within the airline's control.
Hotel misrepresentation — standard, location, and facilities
A hotel that is substantially different from its online description — in standard, location, facilities available, or construction state — may give rise to a misrepresentation claim against the booking agent or the package organiser. Where the hotel is part of a package, the Package Travel Regulations provide the primary remedy. Where it was booked independently, the Consumer Rights Act and the Misrepresentation Act 1967 apply. A solicitor will identify the false representations — using the booking confirmation, photographs, and online listings — and pursue compensation for the difference in value between the hotel described and the hotel provided.
Holiday illness and injury claims
Where illness or injury during a package holiday is caused by the failure of the organiser to ensure that the services provided meet the required standard — food hygiene failures at an all-inclusive resort, unsafe pool or sports facilities, inadequate maintenance of accommodation — the organiser is liable under the Package Travel Regulations and in negligence. A solicitor will investigate the circumstances of the illness or injury, obtain medical evidence, and pursue the organiser for general damages for the illness and injury, special damages for expenses incurred, and loss of enjoyment for the holiday ruined. Gastric illness claims at all-inclusive resorts are particularly common and frequently successful where the food hygiene evidence is available.
ATOL protection and failed bookings
Where a UK-based travel company that holds an ATOL (Air Travel Organiser's Licence) ceases trading, the Civil Aviation Authority's ATOL scheme protects consumers who have paid for ATOL-protected holidays — providing a refund for holidays not yet taken and repatriation for those abroad. ATOL protection does not apply to all travel bookings — airline tickets bought directly from airlines, hotel-only bookings, and some self-built combinations are not covered. A solicitor will advise on whether a failed booking is ATOL-protected, the ATOL claim process, and alternative routes for unprotected bookings — including section 75 credit card claims against the card issuer.
Significant alteration and cancellation by the organiser
Where an organiser significantly alters a key element of the package before departure — a different hotel, a significantly different departure time, a cancelled excursion — the consumer has the right to accept the alteration, accept an alternative package offered, or terminate the contract and receive a full refund. Where the organiser cancels the holiday, the consumer is entitled to a full refund plus additional compensation where the cancellation does not arise from extraordinary circumstances. A solicitor will advise on whether the change constitutes a significant alteration under the Package Travel Regulations, the consumer's rights on that finding, and how to pursue the refund and compensation where the organiser disputes the position.