Surviving holiday disasters
By Hannah Ricci
Whether it's cockroach-infested hotel rooms, food poisoning or getting robbed in the street, a holiday disaster can turn a relaxing getaway into a test of endurance. However, while nobody can banish the memory, you can often get recompense.
So if the worst happens to you this summer, follow this guide and maximise your chances of making a successful claim when you get home.
Flights and accommodation
These are the key elements of a holiday and while most of us assume we'll receive compensation for any mishaps, this isn't always the case. Around 11 million Brits opted for BIY - 'book-it-yourself' - last year, using the internet to buy each part of the holiday separately. While this option may be cheaper than a package, holidaymakers don't have as much protection.
If you've booked a package holiday through a regulated tour operator, you're protected by two schemes - the Association of British Travel Agents (ABTA) and the Air Travel Organiser's Licensing operation (ATOL). Sean Tipton, spokesman for ABTA, says: "When you book a package holiday through a tour operator your contract is with them. This means if there is a change or cancellation to any part of your holiday, they are legally obliged to inform you and arrange a replacement at no extra cost, or offer a refund."
If a problem can't be resolved there and then, keep a diary of events and take photos or video footage of anything that is unacceptable. When you get home, put your complaint in writing to the tour operator. "Most contracts state that claims must be received within a 'reasonable amount of time'," warns Suki Chhokar, a partner at law firm, Irwin Mitchell. "It's assumed that this stands at three months, but companies can't exclude liability for personal injury if a claim is made after this time." If you are not satisfied with the response, customers of ABTA-regulated agents can use its independent arbitration service or take legal action.
It's much harder to get redress if you book independently as you're not protected by the 1992 Package Holiday Regulations. Your contracts are with your hotel, airline and any other firm you deal with. All is not lost, however, if you booked using a credit card. Section 75 of the Consumer Credit Act makes a card company jointly liable for spending on a card.
Illness or accident
Again, if you're on a package deal and a mishap occurs onsite, the tour operator is responsible and you should take the same route to making a claim. While you do have rights if you're on a BIY trip, the process is more complicated. "Different countries have different laws and regulations," explains Chhokar. This means, for example, that something that breaches UK health and safety regulations might not make a case under Spanish law. If you believe you have a strong case it's worth seeking advice from a UK international litigation specialist.
Of course, sometimes disasters happen which are no-one's fault, and this is where travel insurance comes into its own, as Pam and Keith Lant from Bournemouth discovered when they holidayed in Tenerife earlier this year. Three days into their break, 67-year-old Keith collapsed with a ruptured aneurysm.
Keith survived his ordeal, and the cost of his extensive treatment was paid directly to the hospital by his travel-insurance provider RIAS which specialises in insurance for the over-fifties. RIAS also arranged for a nurse to fly back with Keith.
Victim of crime
If you fall victim to any kind of crime while on holiday you should always act as you would in the UK, says David Hall, a former head of CID and a security expert at Red24. It's essential that you get a crime reference number in order to be able to claim on your insurance.
Ellie Morris and Daniel Fletcher, both 23, from Birmingham, discovered this to their cost when they were robbed on holiday in Gran Canaria in 2004. On their final day both realised that they had been pickpocketed but didn't report the incident because they assumed nothing could be done, so were unable to claim on their insurance.
You should also report any stolen cards to your provider, and find the British Embassy if your passport has been swiped too as they will issue you with a temporary one.
If you've lost everything friends and family will be able to wire you money. If you are completely stuck, however, the Embassy will usually be able to assist with a loan which you may be able to claim back.
Unfortunately, you may not know you have been a victim of crime until you return home. Card fraud is extremely common in holiday resorts. According to Equifax, total fraud committed abroad on UK-issued cards during the last year was a staggering £140 million, so it's important to check your statement as soon as you return home. "Be sure to check it more than once because foreign transactions may take a while to come through," advises Neil Munroe, external affairs director at Equifax.
If you also suspect you have been a victim of identity theft be sure to check your credit file with a company such as Experian
Check your travel insurance
Travel insurance will reimburse you for a multitude of holiday mishaps but small print can catch you out. The area where most people struggle to claim is loss of possessions. "Cover for lost baggage is not included as standard on most policies," explains Simon Stanney, head of product development at RIAS Insurance.
Even if you have baggage cover there's no guarantee you'll be able to claim without proof. So keep hold of receipts and serial numbers of expensive items, or even take photos. It's also vital to report the loss or theft as soon as possible. Any cash that is lost or stolen will be covered up to your policy limit, providing you have receipts to prove you withdrew it. If you cannot claim on your travel insurance, all is not lost as it's worth checking your home insurance. Possessions may well be covered if you have 'away from home' cover.
Cancellation of flights doesn't tend to be covered by travel insurance. However, most policies will provide £20 for every 12 hours that a flight is delayed. Cover of around £50 is provided for missed departures and connections.
Travel insurance will cover emergency treatment and medication but you still need proof. "Be sure to keep any receipts and prescriptions from the hospital for treatment you have received," Stanney says. If your treatment is the result of a pre-diagnosed medical condition you won't be able to claim if you did not declare it to your insurer.
Finally, adds James Harrison, chief executive of insurancewide.com, you need to think about the circumstances surrounding your claim. "Ask yourself before you claim, were you acting responsibly?" If you weren't, your policy may become invalid.
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