Tour operators - Over booked
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The Package Travel Regulations (Package Travel, Package Holidays and Package Tours Regulations 1992), stipulate that the consumer should get what they booked and paid for.
If your package included a specific resort name or accommodation type, then you are within your rights to expect this. If it is overbooked then your tour operator should provide you with an alternative of equal or a better quality. If this is not the case then raise the issue immediately with your tour operator representative.You should know
- A package holiday is where two or more key elements are provided under a single contract (flights, accommodation, transfers etc.). It can be in the UK, a cruise or travel abroad
- Be reasonable in your expectations; the more you paid the higher your expectations should be
- Did you get what you expected, was it as described and was it a reasonable experience? If not, then you can consider complaining
- Allow 28 days for an initial response to your complaint
If your complaint is about a flight issue (delays, cancellations, baggage etc), you should use our flights tool to complain to the airline.
The Package Travel Regulations
Your rights are a little different when it comes to Package Holidays – the Package Travel Regulations (PTR) give you some protection here. Your rights say that your holiday should be as it was described when you paid for it. If the tour operator has advertised the package as including certain services, you are entitled to receive these services – if you feel that you’ve not gotten what you paid for, you can use Resolver to file a complaint with your tour operator.
Essentially, the PTR states that everything in the package must be as described, and that the tour operator is liable where your holiday isn’t as expected. If you arrive at the airport and find that your rooms are missing a balcony, a swimming pool or ocean views, the PTR says that you’re entitled to compensation.
A holiday is only a package holiday if the contract includes at least two of the following: transport, accommodation and other tourist services.
If the tour operator has booked a holiday that clearly shows that you have two separate contracts for flights and hotels (for example), it is not considered a package holiday and won't be covered by the PTR.
As of July 2018, the PTR has been extended to include any travel company that sells multiple bits of a holiday in a single transaction. This means that if a site puts together a hotel and a flight in one transaction, for example, they're covered under the PTR – and are liable if any part of the holiday they've included in the transaction goes wrong.
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