Making a compensation claim against the Tour Operator
My holiday has been ruined and I have decided to pursue a claim for compensation against the Tour Operator. What sort of compensation can I claim?
Firstly, it is not sufficient that you simply did not enjoy your holiday. To pursue a claim against the Tour Operator you be able to show that the Tour Operator has breached the terms of the holiday contract and that you have suffered a loss as a result of the breach.
The amount of compensation is difficult to gauge as it is dependant upon how much you suffered and how much your holiday enjoyment was affected. It can be categorised like so:
- Loss of Enjoyment – compensation for any distress, anxiety or upset caused by the problems on holiday
- Loss of Value – compensation for the amount that was paid for the holiday and the holiday that you actually got
- Out of pocket Expenses – Any additional expenses that you have incurred as a result of the problems you encountered on the holiday
There is a duty on the holidaymaker to mitigate their loss and take reasonable steps to reduce the disruption to the enjoyment of the package holiday. It is important then to make a complaint to the Tour Operator immediately so that they have a chance to rectify the problem and to accept any reasonable solutions they propose to sort out the issue.