How get compensation for a holiday that went wrong

Not all holidays are perfect and you may end up making a claim

As Robert Louis Stevenson famously wrote, "it is better to travel hopefully than to arrive". These words will be ringing in the ears of holidaymakers returning from their summer break with tales ranging from disappointment to near-on disaster. Richard Godden, a partner at Edinburgh law firm McKay Norwell, offers his top tips on seeking recompense for a holiday that went wrong.

1 Cover yourself

The best tip of all is to take out insurance against accident, illness and cancellations before you go.

If you are not insured, the general rule is that the closer to home you take action (i.e. the UK or an EU-member country) the better the chances of getting a "result" and the costs actually being paid.

2 Sure start Any claim - insurance related or not - will have a better chance of success if you start off on the right footing. With insurance companies it's usually just a case of phoning or e-mailing for an official claims form. If the matter concerned is not covered by insurance, compile a full and detailed letter of complaint and send by registered letter (do not e-mail or telephone). Keep a record of all correspondence.

3 Turn to the law If the tour operator or your insurer will not meet the claim and you still wish to pursue the matter, then see a lawyer.

Most lawyers will provide a short, free interview to ascertain whether or not there is a likely prospect of success.

4 Legal cost option 1 Depending on circumstances, a lawyer may take on the case on a "no win/no fee basis". This means that even when a pursuer's claim is unsuccessful he or she will not be charged by their solicitor - but could end up having to pay the other party's legal costs. If the claim is successful, the solicitor will expect to be paid which, when relatively small sums are involved, may not make the exercise worthwhile for either party.

5 Legal cost option 2

If the case is particularly strong there may be another option - ATE (after the event) insurance. This is where the solicitor obtains insurance for the client at a cost of about 200 to 300. This indemnifies the client against any future legal costs should the subsequent court case not be successful (and will be charged only if the case is lost). ATE insurance is generally only for personal injury cases, and is not, of course, appropriate to every person or every case. Insurance companies will only issue indemnity certificates for cases which, on the balance of probabilities, have a chance of success of at least 51 per cent.

6 Evidence is power Wherever possible, take photographs to provide a record of unclean accommodation, unsafe stairways, damaged bedroom-door locks, personal injuries and so on. Try to obtain corroboration from fellow guests/travellers and take a note of their names and addresses. If the police are involved retain all forms and similar documents.

7 Misdescriptions Package travel regulations require that if brochures are issued by tour operators, any information in relation to certain specified matters must be accurate, such as the type of accommodation on offer and its location. If not, they are liable to compensate the customer.

8 Keeping in the loop A significant alteration to a holiday itinerary should be made known to the customer as soon as possible.

If a tour operator has not done so he may be liable to compensate you - but each case will depend on its individual circumstances.

Any term in a contract to the effect that the prices which are laid down in the contract may be revised is void unless the contract provides for the possibility of upward or downward revision and satisfies certain conditions.

9 Changes after take-off Where, after departure, a significant proportion of the services contracted for are not provided, the tour organisers must make suitable alternative arrangements, at no extra cost to the consumer, for the continuation of the package. They may have to compensate the consumer for the difference between the services to be supplied under the contract and those actually supplied. If it is impossible to make such arrangements, or these are not accepted by the consumer for good reasons, the organisers may have to provide transport back to the place of departure or to another place to which the consumer has agreed, and may also have to compensate the consumer.

10 A bird in the hand...?

If the claim proceeds to court action, the other side may - at the 11th hour - offer a settlement which will be less than the amount claimed.

Unless you are motivated by proving a point, rather than money, this may be worth considering if it saves the expense and hassle of going to court without any absolute guarantee of success.