What to do when things go wrong on holiday

If your weeks in the sun resulted in the holiday in hell, don't despair

If your weeks in the sun resulted in the holiday in hell, don't despair. You should have complained to the company representative at the time, but you still can have redress.

Within four weeks of your return, you must make your claim to the organiser - the travel agent or tour operator. Say what action you want the company to take and what compensation you are claiming.

The guiding principle behind the Package Holidays and Travel Trade Act is to give greater consumer protection when something goes wrong, whether in Ireland or abroad.

A package holiday is made up of two of three components: transport, accommodation and other tourist services.

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Your holiday contract must cover things like the destination and duration; means of transport and all details of them; location of the accommodation and details of meals; price; cancellation arrangements and any special requirements specified.

In the case of alteration or cancellation of the package by the organiser, the consumer must be notified as soon as possible and given the options as a right. These would include a replacement of equivalent or superior quality; a lower-grade package and a cash payment of the differential or a full refund.

If you decide not to take any of these and sue for breach of contract, remember that there are two situations in which the organiser can cancel a package holiday:

in the case of unusual or unforeseeable factors beyond its control (overbooking can never come into this); or

where the minimum number of bookings required for the package is not reached and you are given notice in writing.

It can be a long and tortuous process, involving much letter writing and hassle and you need to be very specific. But there is another way of dealing with some situations.

If, for example, you arrived at your destination and things were unsatisfactory - for example, if you got an inferior hotel to the hotel you booked or if the destination was wrongly described in the literature - you could seek redress through the small claims procedure in the District Court.

This does not mean necessarily that you have to go to court; the initial intention is to have it sorted, out of court, by the Small Claims Registrar.

This process applies to goods or a service purchased which does not exceed £1,000 in value. Claims for accidents or personal injuries are excluded, but goods bought on credit are included.

A small claim is made on a special application form which is available from the Small Claims Registrar at your local District Court office. A fee of £6 is charged and this may be the only cost involved if the matter is resolved easily. You will be given advice on filling it out. This form should be lodged with the Small Claims Registrar.

If your complaint is disputed, the registrar may interview both parties to try to reach agreement. If this fails, he or she will bring the case to the District Court and you will have to be present. The initial £6 fee covers this. If the case is decided in your favour, the other party has about four weeks to pay the amount awarded by the court.

Most holidaymakers do not complain. Only 18,407 of the 17.4 million people who took a package holiday from Britain in 1998 complained to the Association of British Travel Agents. Of these 1,625 went to arbitration and 75 per cent were won by the complainant.

Further information is available from your local Small Claims Registrar, the Office of the Director of Consumers Affairs in Dublin or your local citizens' information centre.