When your holiday booking is accepted (usually when you get a confirmation invoice) a legally binding contract is made with the tour operator - the company that organises your holiday. By law you have the right to expect the holiday that you booked and paid for. So, look carefully at how the holiday is described in the brochure or elsewhere, as if the holiday doesn't match the description you may have a claim against the tour operator for compensation (see below). The operator is liable for all the services - car hire, accommodation, flights, etc - as long as they were part of the package the company arranged for you.
For a claim to succeed it's not enough that you didn't enjoy your holiday. There may be many reasons for this, e.g., bad weather or simply a wrong choice of holiday for you, and things beyond the tour operator's control. You have a legal duty to prove that the tour operator has broken the terms of the holiday contract. These are known as 'express' or 'implied' terms. Examples of express terms are where the brochure promises full board or water-skiing, say. Implied terms are those which aren't spelt out in the contract. For example, your holiday should be of a reasonable standard bearing in mind the price you paid.

To qualify for compensation you must then prove that you have suffered a loss as a direct result of a breach of the holiday contract. This is not always a straightforward process.
How much compensation you can reasonably expect (if any), depends on the extent to which you were prevented from enjoying the holiday. It's not an exact science. The law expects you to act reasonably when faced with a problem and when looking for things to be sorted out.
If you have a complaint about the quality of goods and services you have a legal duty to 'mitigate' your loss - that means taking all reasonable steps to minimise the disruption to your enjoyment of the holiday. Your claim may not succeed if you didn't complain as soon as possible on the spot while in resort and give the tour operator every reasonable opportunity to put things right, or if you didn't accept any reasonable attempts by the company to sort out the problem at the time.

Compensation claims can have three components, although your complaint may not fall into every category:
a) Loss of value: the difference between the value of the holiday you paid for and the one you actually got 
b) Out-of-pocket expenses: refund of any reasonable expenses you incurred as a result of the breach of contract 
c) Loss of enjoyment: something to compensate for the disappointment and distress caused by things going wrong
Where 'disappointment' and 'distress' form part of the claim, there is little guidance for arbitrators or judges to help them work compensation levels. They will weigh up all the evidence to see if the company has broken the law, but will also look to see if you have acted reasonably.
You must work out the amount that represents the proportion of the holiday that was a failure. If, for example, you spent two days sorting out a problem (e.g., an unsatisfactory room) it may be appropriate to base a claim for compensation on the proportion of the accommodation part of the holiday which was 'lost'.

As a guide to working out the cost of accommodation, first subtract the cost of the air transport from the total holiday cost (usually around 60%). Then divide what's left by the number of days you were on holiday. That will give you a rough figure for the daily amount paid for the accommodation.
Remember that it's rare to get the whole holiday cost back. Only if the holiday was a total disaster from start to finish or if your disappointment and expenses were substantial can you expect a full refund or more. Also remember, if you've already accepted compensation in resort, you can't usually reopen your complaint when you get home.

COMPLAINING
ABTA provides assistance to you if you have a complaint against companies that carry our logo. The quality of the holidays and services provided by ABTA companies is crucial to the reputation of the industry - ABTA tour operators and travel agents are responsible for the sale of the vast majority of package holidays. When you send a complaint to us:
We need to see all the documentation. This includes confirmation invoice, relevant parts of the brochure containing descriptions of the holiday, and copies of all relevant correspondence.
We will immediately make a record of your complaint.
We aim to reply to you within 7 working days and will give you an exclusive ABTA reference number.
We look for evidence of any breaches of our Code of Conduct and take appropriate action (see below).
We will deal directly and informally with you and the company.
We may be able to help you settle your dispute by bringing you and the company together. If this doesn't work, we can offer the Independent Arbitration Scheme. This is a low-cost alternative to court action (see below). If you have been unable to settle your dispute you can send full details to our Consumer Affairs Department. For more information about ABTA's complaints procedure contact the ABTA Information Bureau (www.abta.com).

FINANCIAL PROTECTION
ABTA regulated travel agents and tour operators must comply with our strict financial rules. These rules are to protect your money and allow us to make sure that claims are paid in the event of a company failure. You can book your holiday knowing that if an ABTA regulated tour operator or travel agent goes bust while you're on holiday, you should be able to continue as originally planned, and, in any event, ABTA will ensure you get back home. If you haven't already started your holiday, you'll get your money back or be given help to make alternative arrangements for the holiday to proceed. Many ABTA tour operators also provide bonds to the Civil Aviation Authority under the ATOL scheme.

INDEPENDENT ARBITRATION
Key facts about the Independent Arbitration Scheme:
The complaint must be about an ABTA regulated company.
Your arbitration application form must be sent to the Chartered Institute of Arbitrators within 9 months of the date your problem arose, or of the date of your return from holiday, whichever is the later.
Applications can be made by post, online, or a combination. Before applying you must have your own exclusive ABTA reference number.
Claims are handled by professional arbitrators who are members of the Chartered Institute of Arbitrators. Like the courts system, the Scheme is entirely independent of ABTA.
Your claim will be dealt with on the basis of the documents (including any video evidence) so there's no need to attend a hearing or present any evidence in person. This means that some matters are not suited to this format. For example, serious illness or injury claims need expert medical evidence.
In making a decision the arbitrator will look at what the law says as well as ABTA's Code of Conduct· The objective of the arbitrator is to arrive at a conclusion that is fair and reasonable in the circumstances, looking at all the evidence presented by both parties· The 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.

CODE OF CONDUCT
As a regulatory body, ABTA maintains a strict Code of Conduct. ABTA companies agree to be bound by the Code which governs the relationship between you and a company, and also the company's relationship with us. The Code aims to ensure that you receive the best possible service from your ABTA Travel Agent and Tour Operator from before you book your travel arrangements, through the booking process and the after-sales service and information you get, to the way they handle any complaint you may have. 
Advertising· ABTA Members must not mislead you with their advertising and must include all compulsory charges in their prices e.g. UK Air Passenger Duty [Code 1.3]. 
Booking Procedures· When you book with an ABTA Member they must give you accurate information to help you choose the travel arrangements that are right for you [Code 1.1].
ABTA Members must follow all the necessary legal requirements such as the ATOL Regulations and must make you aware of the terms and conditions that apply [Code 1.4].
ABTA Members must also give you guidance about any health requirements and the passport and visa requirements for your travel arrangements [Code 1.6]. If you have any special requests concerning a disability or other medical condition ABTA Members must ensure that these are dealt with properly and confidentiality [Code 1.4 (iii)]. 
ABTA Members must also give you information about travel insurance [Code 1.7].· Before completing a booking, ABTA Members must tell you if the Foreign and Commonwealth Office has issued advice about your destination [Code 1.6 (iii)].
Once the Booking is made - ABTA Members must notify you as soon as possible if it is necessary to change or cancel your travel arrangements. An ABTA Member cannot cancel your booking after the date for payment of the full price unless it is necessary to do so for reasons outside its control. If this happens, the ABTA Member must offer you the choice of having all your money back or choosing alternative travel arrangements [Code 2.1 & 2.2].
If an ABTA Member makes a significant change to your travel arrangements they must offer you the choice of accepting the changed travel arrangements or having all your money back [Code 2.2].
If an ABTA Member does cancel your booking or makes a significant change to the travel arrangements after the date for payment of the full price they must offer you compensation unless the reason for the cancellation or change was outside of their control [Code 2.1 & 2.2].
Building Works - An ABTA Member must notify you as soon as possible of any serious building works at your destination. If you wish you can transfer to another holiday or cancel and have your money back [Code 2.5]. 
Complaints. If you have a complaint about your travel arrangements you should write to the ABTA Member concerned. They must provide you with a full reply within 28 days. If you remain dissatisfied you should write again pointing out the areas of dispute. Again the ABTA Member must respond within 28 days (see 'Complaining') [Code 3.1]
If you fail to reach a satisfactory position with the ABTA Member you can have the matter resolved through the ABTA Arbitration Scheme (see 'Independent Arbitration') [Code 3.4]. We take the issue of Code breaches very seriously and may take disciplinary action against members found to have breached the Code. We have set up a Code of Conduct Committee, which has independent representation, to consider cases. Their decisions could result in companies being reprimanded, fined or even expelled from ABTA. These disciplinary procedures are quite separate from the complaint procedures. The results of the Code of Conduct Committee hearings therefore have no effect on cases going through the complaint procedures. However, if you have brought a breach of the Code to our attention then you will be notified of the outcome of the investigation.

TRAVEL INFORMATION LINE AND ABTA INFORMATION BUREAU
ABTA deals with around 60,000 enquiries per year on all travel-related subjects, from Foreign Office advice to requests for information about destinations and hotels. Call the dedicated Travel Information Line for help. You can also check whether a company is a member of ABTA and get details of the holidays and destinations offered by ABTA companies by calling the ABTA Information Bureau.

KNOW BEFORE YOU GO - FOREIGN OFFICE ADVICE
If you're worried that political unrest or a natural disaster may affect the safety of the country you are visiting call the Foreign and Commonwealth Office (FCO) or ask your ABTA travel agent. The FCO telephone number is 020 7008 0232/0233. Remember to take out adequate travel insurance and check out the FCO website at www.fco.gov.uk/knowbeforeyougo for essential travel advice and information.

DATA PROTECTION STATEMENT
In order to make your booking and to ensure that your travel arrangements run smoothly, and in accordance with your requirements, we need to use the information that you provide and pass this on to your tour operator or other supplier. This information may include your name, address, age and any special needs/disabilities/dietary requirements etc.

We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as tour operators, airlines, hotels, transport companies etc.. The information may also be provided to public authorities such as customs/immigration if required by them, or as required by law.
You should be aware that where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination might not be as strong as the legal requirements in this country.

Where you provide us with sensitive information such as details of any disabilities or dietary/religious requirements, you consent to this information being passed on to the relevant tour operator/supplier etc. If we cannot pass this information on to these persons, it will not be possible to provide your booking.

NON-MEMBER WEBSITE LINKS
On this website there are various links to other websites such as Accessories, Weather, Hotels etc...

The normal ABTA protection does not apply to any non-member websites. Please see their own specific notes regarding rules and regulations of use of their website.