Package holiday not as described: what the organiser must do

The hotel is not the one in the brochure, the pool is closed, the sea view faces a building site. In the UK a package traveller has direct statutory rights under the Package Travel and Linked Travel Arrangements Regulations 2018. They work on one condition: you report the problem on the spot, not after you get home.

What counts as a package?

A combination of at least two different travel services bought for the same trip: a flight and a hotel, a hotel and car hire, a flight and a transfer. The organiser is responsible for the package as a whole, not each supplier separately.

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If the package includes a flight, a second layer applies: ATOL, the financial protection scheme run by the UK Civil Aviation Authority. ATOL is not insurance. It does not cover cancellation by you, illness, or complaints about quality.

What do you do first when the hotel is not as described?

Tell the organiser. The Regulations require you to inform them of any lack of conformity "without undue delay" — regulation 15(3). Staying quiet on site and complaining a fortnight after you land weakens your position badly.

You then set a reasonable period, and the organiser must put the problem right — regulation 15(4). It is excused only where remedy is impossible or would cost a disproportionate amount given the value of the affected services.

What if they refuse to fix it?

You may fix it yourself and claim reimbursement of necessary expenses — regulation 15(6) and 15(7). Where immediate action is needed you do not have to set a period or wait for it to expire.

If the problem substantially affects the package and is not remedied within the reasonable period, you may terminate without paying a termination fee, and claim a price reduction and damages as well — regulation 15(11).

When can you reject the alternative offered?

If the organiser cannot provide a significant part of the agreed services, it must offer suitable alternatives at no extra cost, of equivalent or higher quality where possible — regulation 15(8). A lower-quality alternative must come with an appropriate price reduction.

You may reject it on two grounds only: it is not comparable to what was agreed, or the price reduction offered is inadequate — regulation 15(10). After a justified rejection you keep the right to a price reduction and damages even without terminating.

How much money can you actually get back?

Two separate claims. A price reduction for every period during which the services did not conform — regulation 16(2). And compensation for damage, which the organiser must offer without undue delay — regulation 16(3).

Compensation can be refused where the problem is attributable to the traveller, to an unconnected third party and was unforeseeable or unavoidable, or where it is caused by unavoidable and extraordinary circumstances — regulation 16(4).

A contract may cap compensation, but not below three times the total price of the package, and the cap never applies to personal injury or to intentional or negligent damage — regulation 16(6).

Stranded and unable to fly home — who pays for the hotel?

The organiser. Where your return cannot be ensured because of unavoidable and extraordinary circumstances, it must bear the cost of accommodation of an equivalent category where possible, for a period not exceeding 3 nights per traveller — regulation 15(14).

The three-night cap does NOT apply to persons with reduced mobility and anyone accompanying them, pregnant women, unaccompanied minors, and persons in need of specific medical assistance — provided the organiser was notified of those needs at least 48 hours before the start of the package, regulation 15(15).

And if the price goes up before you travel?

An increase is lawful only where the contract expressly allows it and it is driven by the cost of fuel or other power, taxes or fees charged by third parties, or exchange rates — regulation 10(2). Notice must be given at the latest 20 days before the start of the package, on a durable medium, with a justification and calculation — regulation 10(3).

The threshold is 8%. If the increase exceeds 8% of the total package price, you gain the right to terminate without a termination fee — regulations 10(4) and 11(3). A significant change to the main characteristics of the package gives the same right.

Refunds after such a termination are due not later than 14 days after the contract is terminated — regulation 11(8).

What does the ATOL certificate give you if the company fails?

You should receive an ATOL Certificate when you buy a protected trip that includes a flight. If the company fails while you are abroad, the CAA helps you stay in your booked accommodation where possible, reimburses money spent replacing ATOL protected parts of the trip, and arranges flights home depending on the circumstances.

Claims must be submitted within 12 months of the ATOL holder's failure.

In short: what to do on the spot

Tell the organiser at once and in writing. Photograph the problem with a date. Set a reasonable deadline. Do not refuse a genuinely equivalent alternative. Keep receipts for forced expenses. And do not wait until you are home to start the conversation.