PROCEDURES FOR MAKING A COMPLAINT
 


ABTA is the UKs premier Trade Association and regulates those travel companies which carry our high-profile logo. We can provide assistance to you if you have a complaint against an ABTA company. The standard of holidays and services provided by ABTA companies is crucial to the reputation of the travel industry.

 

In order that we may assist you further please click the link that fits your answer.

 

Have you complained to the ABTA company?


    If you have not complained you must contact the company initially so that they are given the opportunity to resolve the dispute you can also seek guidance from;

    •   ABTA Information Department

    •   Citizens Advice Bureau in England and Wales, Scotland or Northern Ireland.

    •   Your local Trading Standards office.


    You can complain to an ABTA company by;

      •   Writing a letter
      •    Writing an e-mail
      •    Phoning them (although it is best to follow this up in writing)

          To check a companys ABTA membership details please click here.


           

          NOT HAPPY WITH RESPONSE RECEIVED

            If you have received a response and are not satisfied then you should write a further letter clearly detailing what you are looking for to settle the dispute. Tell them what would be acceptable to you. The chances of getting a full refund are slim even in Arbitration or Court. For a guide see Key Facts About The Law.

             

            Once you feel that you have reached 'deadlock' then you can complete Complaint Form A (if you have not yet been on holiday) or Complaint Form B (if you have returned from holiday). (Please note : Adobe Acrobat Reader is required to view or print these forms. For information on downloading Acrobat Reader, please click here)

             

            You may have already instigated court proceedings, but you must be aware that if this is the case then alternative dispute resolution (ADR) schemes, such as arbitration will not be available to you. You should also be aware of the costs of going to court and we would strongly advise you to check first whether you have a good chance of winning your case. You could contact;

            •   Citizens Advice Bureau in England and Wales, Scotland or Northern Ireland.
            •   Your local Trading Standards office.

            However, if you have not considered going to court and still wish to take the matter further, send copies of your correspondence and the ABTA companys replies to the Consumer Affairs Department. We will register your complaint on the ABTA Database and may be able to help you resolve the dispute. If not ABTA is pleased to offer an independent arbitration scheme that is administered by the Chartered Institute of Arbitrators.

             

            What is Arbitration?

            • It is a quick, low-cost alternative to court action. (Click here to see fees).
            • The complaint must be about an ABTA member.
            • The application form must be sent to the Chartered Institute of Arbitrators (C.I.A.) within 9 months of the date on which your problem arose, or of the date of your return from holiday, whichever is the later. (Click here for the C.I.A. contact details). Within this period arbitration is compulsory so the company has to agree. After 9 months you can still use the arbitration scheme but only if the company agrees.
            • You can make an application by post, online, or a combination. However before applying the Consumer Affairs Department at ABTA must have been sent copies of your correspondence and registered your complaint. Once we have read your case we will reply giving you your own exclusive ABTA reference number (eg. BD/123456).
            • The claim will be handled by professional arbitrators and is entirely independent of ABTA.
            • Your claim will be dealt with on the basis of the documents (including any photographic evidence). You do not attend a hearing or present any evidence in person. This could mean that some matters are not suited for this format. For example, serious illness of injury claims.
            • The Arbitrators award is issued in writing and gives a summary of the facts, the conclusions and reasons for reaching them. The arbitrator's decision is legally binding on you and the company and is enforceable directly through the courts.

            Click here for the Rules of The Arbitration Scheme for the Travel Industry.

             

            PERSONAL INJURY AND ILLNESS CLAIMS

            The Arbitration Scheme is not designed to deal with claims arising solely from personal injury or illness (see rules 1.5 & 1.6). It is designed to deal with general compensation claims for poor quality services, breach of contract etc. If a general compensation claim includes an element of minor illness or personal injury then this can also be considered by the Arbitrator, although for this specific element the Arbitrator cannot award more than £1,000 per person.

            If you have a claim for serious personal injury, or serious illness a special cost-controlled mediation scheme is available. If you have legal advisers you should mention this to them and also suggest it to the tour operator as a quicker and cheaper way of resolving your dispute without the need to go to court.

            Click here for the Guidance Notes, Application Form and details of the costs and procedure for the Mediation of Personal Injury & Illness Disputes in the Travel Industry.

            © Association of British Travel Agents