FAQs

We have developed frequently asked questions across a number of subject areas, which can be found here for your information.

Simply type your question into the box below and filter your answers as necessary.

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I’ve written to my ABTA travel company about my complaint. How long should I wait for a reply?

ABTA Members are required to acknowledge correspondence within 14 days of receipt, and to provide a detailed response to any letter of complaint within 28 days of receipt.

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I’ve received a response and I’m not happy with it. What should I do?

If you’re not satisfied, then you should write a further letter clearly detailing what you’re looking for to settle the dispute. Tell them what settlement you would find acceptable.

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Can my business be based from home?

Yes. We don’t require you to operate from either a shop or office; even an online business can join.

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How much compensation can I claim?

A claim for compensation can be made for up to, but not exceeding £5,000 per person, provided the total amount doesn’t exceed £25,000.

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If my holiday provider goes out of business, is my money protected?

Many of the travel arrangements provided by ABTA Members are protected in case of the financial failure of the travel company. You should, however, always ask your travel company if protection applies to your travel arrangements. Where travel arrangements aren’t already protected, your travel company may be able to offer suitable insurance.

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I’ve received two full written responses, but I’m not happy with them. How can I pursue the matter?

Send us details of your complaint, using the form in our Travel Clinic. Once you've done this, you'll need to print out the summary of your complaint and post this to us, together with copies of your letters to the travel company and their replies, and a copy of your booking confirmation invoice. We’ll then be able to advise you. Please don’t send originals, photographs or anything of value. You'll find our address at the foot of this page. Please mark your correspondence for the attention of the Consumer Affairs department.

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The tour operator has changed my accommodation. Can they do this?

This depends whether the tour operator specifically states in their booking conditions that they can make changes like this. If they don’t reserve the right to do so, then any change will be a breach of contract. If they do reserve the right to make the changes, then they must follow what their booking conditions say.

ABTA’s Code of Conduct says that booking conditions should state that if a significant alteration is made, the tour operator must offer an alternative if available, or a full refund. They should also offer compensation, unless the reason for the major change is force majeure. If the change is to accommodation within the same resort and of a similar standard as the accommodation originally booked, it won’t normally be regarded as a major change.

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The tour operator wants to charge me a higher price than advertised in their brochure. Can they?

The price in a brochure can only be changed before booking if a specific provision in the brochure states that prices may change. Without this specific provision the tour operator can’t charge more than the brochure price for the particular holiday.

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I’ve just been told that building works are taking place at my hotel. What are ABTA’s rules on this?

Most minor refurbishment and maintenance work being carried out at properties will not affect your holiday. There is no requirement under the ABTA Code of Conduct for Members to notify clients of works like these. However, where the works are likely to seriously impair the enjoyment of your holiday, your ABTA travel company should provide you with accurate information about the building works if they know about them. You can then decide whether or not to continue with the booking.

If you’ve already booked your holiday and your ABTA travel company then becomes aware of building works that may reasonably be considered to seriously impair the enjoyment of your holiday, they must, without delay, notify you and offer you the opportunity to transfer to alternative accommodation. Where the alternative constitutes a significant change to your booking, your ABTA travel company should offer you the option of cancelling without penalty, or transferring to an alternative holiday if available.

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I wrote to the company more than 28 days ago, but I haven’t had a reply yet. What can I do?

Send us details of your complaint, using the form in our Travel Clinic. Once you've done this, you'll need to print out the summary of your complaint and post this to us, together with a copy of your letter to the travel company and a copy of your booking confirmation invoice. We’ll then chase up a response on your behalf. Please don’t send originals, photographs or anything of value. You'll find our address at the foot of this page. Please mark your correspondence for the attention of the Consumer Affairs department.

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How much will ABTA arbitration cost me?

You’ll need to pay a registration fee. The amount of the fee depends on the amount you’re claiming:

Total of claim Fee
£1 - £2,999.99 £108.00
£3,000 - £7,499.99 £180.00
£7,500 - £25,000 £264.00

The parties are responsible for the cost of making their cases, including postage, stationery, photocopying and legal representation if used.

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Can I join as an overseas company?

Yes. All we require is that you do business in the UK for example sell or offer for sale travel arrangements to the UK market.

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Since making my booking the cost of the holiday has been reduced. Am I entitled to a refund?

No. In booking your holiday early you had the opportunity of choosing from the widest range of holidays. This works in much the same way as a shop sale; a shop doesn’t offer refunds to customers who bought goods before the shop put them on sale.

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My flight is delayed. What can I expect from the airline as recompense?

EU airlines and flights departing from the EU will be subject to the EU Denied Boarding Regulations in the event of a delay. These entitle you to:

Two free phone calls, faxes or e-mails; and

  • Free meals and refreshments appropriate to the delay; and
  • Free hotel accommodation and hotel transfers if an overnight stay is required.

The above applies:

  • When a flight under 1,500km is delayed for at least two hours
  • When a flight within the EU that is more than 1500km is delayed for at least three hours
  • When a flight that isn't within the EU but is between 1500 and 3,500km is delayed for at least three hours
  • When any other flight is delayed for at least four hours
     

Delays of five hours or more:

  • The airline should offer you a refund of the flight cost. The refund is of the flight cost only, not the holiday price if the flight is part of a package holiday.

Compensation

If the delay is due to exceptional circumstances which couldn't have been avoided (e.g. bad weather, act of God, or, where flight safety is at risk, some technical failures) you will not be entitled to compensation. If the delay is due to other reasons and your flight arrives more than 3 hours late you will be entitled to compensation of €250 - 600, depending on the distance of the flight. If the European Union’s Denied Boarding Regulations don’t apply (i.e. you are flying with a non-EU airline and departing from outside the EU), you’re entitled to the assistance and recompense set out in the airline’s conditions of carriage or the tour operator’s booking conditions.

In terms of package holidays, if the delay results in a significant change to your holiday then the tour operator must offer an alternative if they can, or a refund. Where the flight is delayed and it isn’t clear whether a significant change will result, the tour operator doesn’t have to offer an alternative or a refund – until they’re constrained or forced to make a significant change. This would happen when there‘s no prospect that the delay will only lead to a minor change. A significant change is generally taken to be 12 hours on a 14-night holiday.

You should also contact your travel insurance provider to find out what cover is available under their policy.

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I have a general complaint about my holiday, what’s the correct procedure?

Any complaint must be lodged with the tour operator while you’re in resort. You must complete a customer complaint form with the rep and retain a copy. Should the matter remain unresolved you must write direct to the tour operator on your return within 28 days.

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Who is my contract with?

When you book your arrangements through a travel agent, their job is to place you in contract with a supplier of services, known as the principal. Suppliers can be accommodation-only, a flight provider or a tour operator, depending on what you've arranged with your agent. Although you've paid the travel agent, this doesn't mean that you've made a contract with them. It's the principal that's contractually bound to supply the travel services you booked.

Once your agent has received the confirmation invoice from the tour operator or supplier, this will be checked and sent to you. If you've booked direct with a principal, they will give you the confirmation invoice.

It's important to keep your paperwork until you've returned from your holiday.

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I had a problem with my holiday that I couldn’t resolve in the resort. Who’s responsible for this?

Responsibility for problems on holiday will depend on what went wrong. It’s unlikely that your travel agent will be liable. First, you should contact the tour operator concerned (your travel agent can help you), setting out the problem in full and asking for their comments. Remember that the tour operator isn’t necessarily liable for problems that arise in a resort if these problems aren’t related to services that the tour operator agreed to provide.

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What happens if my holiday arrangements have been cancelled due to force majeure?

If the holiday arrangements have been cancelled because of force majeure, you’re entitled to receive your money back. You won’t be entitled to compensation because the reason for the cancellation was beyond the tour operator’s control.

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My holiday arrangements have just been cancelled by the tour operator. What are ABTA’s rules?

The tour operator’s booking conditions (terms and conditions) should contain specific details of what you’ll be offered in this event. You’ll usually find the booking conditions in the company’s brochure, or on the back of the confirmation invoice. If the tour operator is an ABTA Member, then the booking conditions should reflect ABTA’s Code of Conduct. Broadly, this states that the tour operator should offer an alternative if available, or a refund. Additional compensation can be due if the cancellation occurs inside the balance due date, but not if the reason for cancellation is force majeure (for instance natural disaster, war).

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Does my business need to have begun trading before I can apply for ABTA membership?

No. You can apply but the business should begin trading before we can admit you as a full Member.

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What are ABTA rules if a client’s holiday/flight time has been changed?

This will depend on whether it’s a significant alteration and when your customer was notified of the change. If it’s a significant alteration, they should be offered an alternative, if available, or a refund. Compensation should also be offered if the significant alteration occurs after the balance due date, and isn’t for reasons of force majeure.

Whether it’s a significant alteration depends on the circumstances of each case. A change of more than 12 hours will normally be significant, but a change of less than 12 hours can be significant for holidays of less than 14 days. There are other factors such as inconvenience to the customer. You can find more information in Guidance to the Code of Conduct

Remember to check the principal’s terms and conditions for specific details of what the customer will be offered. You’ll normally find these in the brochure, or sometimes on the back of the confirmation invoice. If the company is an ABTA Member, the booking conditions should reflect the above provisions, which come from our Code of Conduct.

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I have to cancel my travel arrangements, but I didn’t take out travel insurance. Can I get a refund?

No. It’s down to you to buy appropriate insurance at the time of booking. This ensures that your money is protected if you have to cancel your travel arrangements.

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My flight has been changed to depart from Stansted instead of Gatwick. Can I cancel?

It’s generally accepted that Heathrow, Gatwick, Luton and Stansted airports are all London airports. This means that flight changes between these airports aren’t considered major. Therefore, you are not automatically entitled to a refund or to compensation. This is also the case with certain regional airports.

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I’ve been told that the price of the bargain holiday I booked was wrong. Where do I stand?

The tour operator can’t insist on you paying the higher price, but equally, you’re unlikely to be able to insist that the tour operator provides the holiday at the lower price. The most likely result will be that the tour operator will cancel the booking and you’ll receive a refund of any money paid.
In these cases the first thing to do is to check when your contract with the tour operator comes into effect. This will be stated in the tour operator's booking conditions but it is usually when the tour operator issues their confirmation invoice (not when you received it).

If the contract hasn’t come into effect, then the tour operator simply returns any money paid and that’s the end of it.

If the contract has come into effect, the next thing to check is when the balance due date is. If this date hasn’t been reached, the tour operator is entitled – under the ABTA Code of Conduct and, usually, under the booking conditions – to cancel the booking and refund the money you’ve paid.

If the balance due date has passed, the tour operator won’t be able to cancel the booking but is likely to argue that the contract has been entered into on the basis of a mistake. If this is correct then the contract will be void and you’ll be entitled to a refund. You won’t, however, be entitled to compensation, nor to have the holiday at the lower price.

If you booked through a travel agent, it’s unlikely that the travel agent is liable for this as long as they’ve made the booking properly and disclosed their agency status and the identity and booking conditions of the tour operator.

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Who are the ABTA Partners?

We have approximately 170 Partners from across the industry, from accountants and airlines to visa application companies. Our Partners include British Airways, PricewaterhouseCoopers, Hertz, Hilton hotels and Teletext. We’re happy to send you a full list of our Partners on request.

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When I arrived at the resort, they said I’d been moved to another hotel. Can I get compensation?

 
This depends on the reason for the move, and the standard and location of the alternative hotel. If the move was for reasons outside the tour operator’s control, or you were moved to accommodation of a similar standard and in the same resort, then you’re unlikely to receive compensation. If you were moved to accommodation of a lower standard, or in a different resort, then compensation may be payable.

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My airline has changed my flight to one that leaves four hours later. Can I expect compensation?

If your flight’s cancelled or delayed more than five hours, and the European Union’s Denied Boarding Regulations apply, the airline should offer you a refund or an alternative flight. In some circumstances, you may be entitled to compensation if your flight’s cancelled. The refund is of the flight cost only, not the holiday price if the flight is part of a package holiday.

If the European Union’s Denied Boarding Regulations don’t apply, you are entitled to the assistance and recompense set out in the airline’s conditions of carriage or the tour operator’s booking conditions.

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How long does ABTA arbitration take?

You should expect to hear the outcome within 8-12 weeks from the date ABTA receives your application for arbitration.

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I have to cancel my booking, but the company is levying charges. Why are they doing this?

Tour operators sell their holiday arrangements on the understanding that their customers agree to the terms and conditions of the contract. Most terms and conditions include a clause that details the company's policy in the event of a client cancelling a holiday.

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My hotel doesn’t get good reviews on the internet. Can I cancel my booking and get a refund?

No. Internet reviews aren’t regulated so if you want to change or cancel the booking, the tour operator’s terms and conditions will apply.

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A client wants to know how to make a complaint to ABTA, what should I tell them?

All the information you need is in our Travel Clinic.

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What if I decide to settle the case before the arbitration’s completed?

Either party has a right to enter settlement negotiations at any time before the arbitrator makes an Award. Negotiations are private discussions between the parties and you should correspond directly with the other party and not through the administrator. Both parties, however, must notify the administrator of a successful settlement so that the arbitration can be terminated. Registration fees are non-refundable in the event of settlement, so you should account for these in the negotiated settlement.

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Can an under 18-year-old book a holiday?

My son booked a holiday but he isn’t yet 18 and he didn’t have my written authority. The company is threatening to levy charges. Can they do this?

No. Your son is classified as a minor, so he can’t enter into a legal contract. He is entitled to a full refund.

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Do I need public/product liability insurance?

If you are a principal (tour operator) this is a legal requirement under the Package Travel Regulations. ABTA requires all principal Members to have insurance in place whether they sell packages or single element sales (e.g. accommodation only). We can give you a list of insurance providers upon receipt of your application form.

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I’ve paid for my holiday arrangements in full. Can the travel company still request a surcharge?

Yes, as long as their booking conditions allow them to surcharge and don't say that no increases will be made after full payment is made.

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What if my company has been trading for over three years?

Conditions for companies that have been trading for a minimum of three years and applicants who meet the financial criteria set out below (in addition to the individuals involved in the business, as always, being fit and proper) may no longer be subject to a new member bonding requirement.

  • A minimum of three years trading – supported with certified accounts.
  • Profitable – show a profit being made in at least the last financial year-end.
  • Strength – latest balance sheet shows an adjusted net asset surplus.
  • Liquidity – latest balance sheet shows an adjusted working capital surplus at least 4% of total turnover. 
  • Stable – business has not undergone a change of control or substantial change in the last 3 years.

It is important to note where applicants who prima facie qualify then the application will be referred to the Membership Committee for final review, with a recommendation from the ABTA Secretariat.
The objective is to remove any unnecessary barrier to membership, while maintaining the appropriate protection of the ABTA scheme.

An application must still be completed in the normal way.

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Do I need legal representation?

Not unless you choose to do so. Arbitrators don’t expect claimants to have legal representation, though you may decide to at your own cost. Please remember that your legal costs can’t be reclaimed, even if you win.

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Do I have to attend a hearing?

No, there is no hearing. The procedure is based on documents only.

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The flight time has changed from the time shown in the brochure. Is there anything I can do?

Brochures are produced many months in advance. Flight times must therefore be seen as guidelines, which are subject to change as per the tour operator’s terms and conditions. Under those same terms and conditions tour operators also generally reserve the right to substitute an aircraft or airline whenever this becomes necessary. This wouldn’t normally be regarded as a major, or significant, change to your booking.

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What are ePassport gates?

If you have a biometric passport with a chip, using ePassport gates at passport control could speed up your waiting time upon arrival in the UK. The gates offer a secure and convenient self-service alternative to the conventional border control process. The system uses facial recognition technology to compare your face to the photograph recorded on the chip in your passport. Once the checks are made, the gate opens automatically for you to enter without seeing a border officer. Passengers do not need to enrol for this service and ePassport gates are in operation at the major UK airports: Birmingham, Bristol, Cardiff, East Midlands, Edinburgh, Gatwick, Heathrow, Luton, Manchester and Stansted. Further details can be found on the UK Border Agency website.

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I was told my hotel was undergoing minor renovation, however it is extensive, what should I do?

If the building/renovation work is significant in that the noise and dust levels are high and/or a number of facilities are no longer available you should liaise with your travel rep or tour operator who should be able to provide you with a suitable alternative or upgrade subject to availability. If an alternative is not available you should take photo and/or video evidence to pursue the matter further on your return.

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How can I find out what the passport and visa requirements are for the country I’m visiting?

It’s your responsibility to ensure that the passport you hold is valid for the country to which you’re travelling, and that you comply with any visa requirements. Travel companies can give some information about entry requirements for different countries, but these requirements do change from time to time. Requirements can also depend on the type of passport – so it’s not practical to expect travel companies to be able to offer definitive answers for all destinations. You should consult the consulate or embassy of the country you’re planning to visit. Your ABTA travel company will usually be able to give you contact details.

If you don’t hold a British Citizen passport, you may require a visa for the country you’re visiting. In this case, you’ll need to contact the relevant consulate for further information.

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Can I join as a startup company and how long does the process take?

Yes, brand new businesses or start-ups can join ABTA. We'll require an opening balance sheet and future financial projections, all of which are part of the application form. The process takes around six to eight weeks but is dependent on each applicant.

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What is the procedure for submitting a claim?

For information about submitting a claim, please go to our claims information page. This includes a copy of our guidance, claims rules & procedures, and the documentation you need to submit a claim.

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If my claim’s unsuccessful, what can I do next?

There are only two routes for challenging the Award:

  1. You can appeal through the High Court, within 28 days of receiving the Award.
  2. You can request an appeal under the ABTA Arbitration Scheme Appeals Procedure. You must apply for appeal within 14 days of receiving the Award. These deadlines are strictly enforced and if you don’t apply in time you’ll lose the right of appeal. There is no other way to challenge the Award. You may not like the Award (the amount awarded) but remember, that doesn’t mean the Award is wrong by law. You can find more info about our appeals procedure.

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I have just been informed that my flight operator/accommodation supplier has gone bust what do I do?

Flight operator: you will need to contact your agent with whom you made the booking who will be able to provide you with assistance in arranging an alternative flight.

Accommodation supplier: again you will need to liaise with your agent who will assist in providing you with alternative accommodation, if it is the agent who has failed and the hotel had not been paid then you would need to pay for your accommodation again and claim on your return. We will be able to confirm if they are bonded with ABTA.

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How can I find out if an ABTA Member has ceased trading?

We list details of all membership changes on our website, in the membership changes section. Alternatively, you can contact the Members’ Information Line on 0845 177 2282. This operates from 09.00-17.00, Monday to Friday (except bank holidays).

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My flight’s been cancelled, what about the rest of my holiday?

If your flight is cancelled and you’ve booked a package holiday, you are entitled to a suitable alternative flight or, if that’s not possible, a full refund. However, if you’ve booked other services, such as accommodation, separately to your flight, you may not be able to recover their cost. A refund would come from the accommodation supplier, but only if this is covered in their terms and conditions and it may be left to their discretion. In addition, you should contact your travel insurance provider to find out what cover is available under their policy.

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I have an ATOL and want to start selling as an agent for other operators; what does ABTA need?

As an ATOL holder and acting as a principal, any activities sold under your ATOL will be financially protected with the Civil Aviation Authority (CAA) and you don’t have to bond these sales again with ABTA. However, if you begin acting as an agent for other tour operators, you will need to comply with our financial criteria and provide ABTA with a retail bond based on your gross retail turnover.

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How is the ABTA arbitration case conducted?

The case is conducted using documents only. The arbitrator makes an Award based on the documents and evidence submitted by the parties in dispute. It is in the interests of each party to state its case clearly and to produce all relevant supporting documents.

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My luggage has been delayed, damaged or lost, what should I do?

You should complete a PIR (Property Irregularity Report) at the airport as soon as you realise your luggage has been lost or damaged. You should then write direct to the airline within seven days of your luggage being damaged and 21 days if your luggage is lost or delayed. We also suggest that you speak to your local representative so they can assist you while you wait for an update from the airline.

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I forgot to pay the final balance when it was due. Can the travel company cancel my holiday?

Yes. You were advised of the balance due date at the time of entering into the contract with the travel company. By not paying on time, you’ve broken the contract. The tour operator is likely to reserve the right to cancel your booking without giving you prior notice (such as sending you a reminder) and to apply its cancellation charges, which will usually mean you forfeit your deposit.

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Do you give advice for startup companies?

We are unable to give advice on how to start a travel agency or tour operator business. However, once you become an ABTA Member we have a whole range of resources to help support and promote your business and to ensure you operate within the law.

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I’ve booked a holiday with a tour operator that offered a low deposit scheme. I now want to cancel.

The tour operator’s booking conditions will set out the cancellation terms. Normally you’ll be required to pay the full deposit and then forfeit this amount.

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I’ve been advised that I can take my case to arbitration. What is this?

Arbitration is a legal process that is a recognised form of alternative dispute resolution (ADR). It is a cost effective, speedier and less formal alternative to resolving a dispute through the courts, and it is conducted privately based on written documentation and evidence.

The ABTA Arbitration Scheme deals with alleged breaches of contract and/or negligence between consumers and Members of ABTA. It has been in operation for more than 40 years. We provide the scheme so that consumers can have disputes resolved without having to go to court and without the expense of instructing solicitors (consumers can still instruct a solicitor at their own expense). The ABTA Arbitration Scheme is a legal process; if the consumer is unhappy with the outcome of the arbitration they cannot then go to court, and vice versa. However, they can appeal through the High Court or via the ABTA Arbitration Scheme Appeals Procedure.

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The travel company I’m planning to use insists that I buy their own insurance. Can they do this?

No, they cannot insist that you buy their insurance unless it has already been costed into the basic price of the holiday (not charged as an extra).

However, travel insurance can be a compulsory term of the contract, so they are within their rights to ask you for details of who you're insured with, and to ask if it's an adequate alternative to their own cover.

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I’m unable to get to the airport to catch my flight – where do I stand?

You must make every effort to get to the airport if your flight is not cancelled and allow extra time in bad weather conditions. If you are unavoidably delayed due to problems with public transport or the roads, you may be able to claim under your travel insurance. Your tour operator or airline may also be able to help you re-book.

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My flight was cancelled because of force majeure (e.g. a hurricane) – what am I entitled to?

The fact that the disruption is being caused by an exceptional circumstance doesn’t affect the basic obligations of airlines and tour operators (see questions on flight cancellations). However, it means that you aren’t entitled to additional compensation.

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My return flight was delayed and I’ve incurred additional expenses – what can I do?

If you are flying from an EU country, or on an EU airline, you are entitled to receive meals and refreshments from the airline appropriate to the length of the delay, and overnight accommodation if the expected departure time is at least the next day. Additional expenses are your responsibility. In addition, you should check your travel insurance to find out what’s covered in your policy.

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As both agent and principal for non-licensable activities; how much working capital is required?

As an agent you are required to maintain a minimum working capital of £15,000 during the new Member period of three years. Where you conduct non-licensable activities as a principal, which you are financially protecting with ABTA, and these activities either i) make-up 30% or more of your total turnover or ii) exceed £500,000, then you are required to maintain net recoverable current assets equivalent to at least 4% of total principal business (ATOL public sales plus non-licensable turnover which is to be bonded with ABTA).

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My flight is cancelled, what can I do?

All EU airlines, and airlines with flights departing from the EU, have obligations under the European Union’s Denied Boarding Regulations. They must offer you the choice of a replacement flight at the earliest opportunity, or to refund the ticket price if the flight is cancelled.

If you choose the replacement flight, you’re entitled to meals and refreshments appropriate to the waiting time, plus two free phone calls, faxes or emails. If the replacement flight departs the next day or later, the airline must also provide hotel accommodation and the necessary transfers.

If you have booked a package holiday, you are entitled to an alternative offered by your tour operator, if the tour operator is able to do so. If this alternative is a significant change to your original holiday (generally a change of more than 12 hours on a 14-night holiday is considered to be a significant change) then the tour operator must also offer you the choice of a refund. This is a refund of the full package price, not just the flight element.

You should also contact your travel insurance provider to find out what cover is available under their policy.

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The Foreign & Commonwealth Office is advising against travel to my destination, can I get a refund?

In the event of the Foreign & Commonwealth Office (FCO) advising UK nationals not to travel to a given area, ABTA expects all Member companies to offer clients travelling within approximately 48 hours of the FCO advice being issued, either an equivalent alternative holiday or a full refund of all money paid.

In the absence of FCO advice against travel, if you cancel your booking the tour operator may well impose cancellation charges in accordance with their booking conditions.

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How can I tell if my passport’s machine-readable?

The key feature of a machine-readable passport is the machine-readable strip (marked by chevrons >>>>>>>>>) at the bottom of the details page, which is either on the inside back cover or is the last page.

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I’m at my accommodation & they haven’t been paid, they want me to pay again, should I?

If your hotel has not been paid then you may need to pay the hotel again and claim the money back on your return. You should first attempt to contact your accommodation supplier for assistance. If they have ceased trading you will need to think about your options; either to pay again or return home early. You may be charged for the flight again should you not return home on the flight originally booked.

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What’s the difference between ABTA’s Arbitration Scheme and making a claim through the County Court?

The ABTA Arbitration Scheme is a legally-recognised alternative to going to court. An independent arbitrator, appointed by CEDR Solve, will base his or her decision on the documents forwarded. Neither party will attend the arbitration.
If a claim is brought via the County Court, both sides will have to attend court (normally the County Court closest to the customer). Any outcome will be made based upon the arguments put forward by each side.
The amount a customer can claim and the costs involved differ between ABTA’s Arbitration Scheme and the County Court. The amounts are shown below:

Arbitration

The arbitration fees you and your customer pay to start the claim depend on the amount the customer is claiming. The total of the two fees covers the administration costs of CEDR Solve and the arbitrator's fee.

Amount of Claim Up to £2,999.99 £3,000-£7,499.99 £7,500-£25,000
Costs (incl VAT)      
Customer pays: £108 £180 £264
Member pays: £252 £180 £96
Total to CEDR Solve: £360 £360 £360

The rules of ABTA’s Arbitration Scheme empower the arbitrator to decide what happens with costs once the decision has been reached. Costs usually follow the event. This means that the loser pays the winner’s costs. But costs are limited under the scheme as described below.

If your customer is awarded more compensation than was previously offered by you, the travel company, in an attempt to settle (you may have offered nothing), your customer will receive costs equivalent to their original arbitration fee as well.
If your customer is awarded less compensation than was offered, (or gets no compensation at all), they will have to pay you, the travel company, a fee that is equivalent to their original arbitration fee.

County Court

The fee your customer pays to start the claim depends on the amount they are claiming. Current fees and information can be downloaded from the Courts Service website.

ABTA cannot advise your customer which option to choose (ABTA’s Arbitration Scheme or County Court), or how much they should claim; this is the customer’s decision. Arbitration may well be the appropriate choice for your customer if: they're unable to take time off work or do not want to attend court; if they are able to express themselves clearly in writing; and if they want to pursue a claim for reasonable compensation and wish to keep the cost of proceedings to a minimum.

ABTA’s Arbitration Scheme is wholly independent. ABTA purely advises on courses of action available to resolve a dispute. Once the claim form and defence has been sent to the independent arbitrator, ABTA is no longer involved with the case and has no influence on the outcome.

Remember, your customer must first register their complaint with ABTA's Consumer Affairs department (enclosing copies of the correspondence that has passed between you and them) before making an application. Sending your customer an application form does not imply that ABTA considers your customer to have a case or that their claim will be successful. The independent arbitrator makes this decision, based upon the documents supplied. We're merely providing your customer with an alternative means of resolving their dispute with you.

When your customer receives a claim form from ABTA they should complete and return it as soon as possible. Once we receive the completed form, we will contact you to submit your defence. The case should then take approximately two months to conclude.
Any award made by the arbitrator is final and binding on both parties. This means that if your customer loses their case, they can't then take the matter to the courts. Similarly if your customer first went to court and lost, they can’ make a subsequent claim through ABTA’s Arbitration Scheme. Nevertheless, both you and your customer can appeal against the arbitrator's decision using the ABTA Arbitration Scheme Appeals Procedure or via the High Court.

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What’s the difference between a British Citizen and a British Subject passport?

The only visible difference between Citizen and Subject passports is on the details page, where nationality says British Citizen or Subject. However, British Subjects may need a visa that isn’t required by a British Citizen.

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What’s the definition of a reporting accountant?

The reporting accountant will be either your auditor holding registered auditor status or – if you are not required under the Companies Act or otherwise to be subject to an audit – an independent qualified accountant who holds a current practising certificate with a recognised accountancy body.

The current list of approved accountancy bodies for ABTA purposes is:

Institute of Chartered Accountants in England and Wales (ICAEW)
Institute of Chartered Accountants of Scotland (ICAS)
Chartered Accountants Ireland (CAI)
Association of Chartered Certified Accountants (ACCA)
Chartered Institute of Management Accountants (CIMA)
Association of Authorised Public Accountants (AAPA)
Association of Accounting Technicians (AAT)
Institute of Financial Accountants (IFA)
Association of International Accountants (AIA)

This list is not exhaustive; we may add more accountancy bodies subject to the Board’s approval.

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My booking was with a non-ABTA tour operator. How do I follow up the complaint?

If you have a complaint against a non-ABTA company, you’ll need to ask them what procedures they have for dealing with your problem.

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Where can I find out what vaccinations are recommended for the destination I’m visiting?

Your ABTA travel company will make you aware of any compulsory vaccinations. For information on recommended vaccinations, ask your GP, practice nurse, pharmacist or travel clinic. Further travel health advice can be found at the National Travel Health Network and Centre.

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I’ve been told I have to vacate my room some time before the transfer to the airport. Is this right?

It’s standard international practice to let rooms from midday to midday, which is why entering a room immediately after a night flight counts as one night's accommodation. Rooms have to be vacated in time for them to be cleaned and prepared for incoming passengers. One way round this is for you to make a prior arrangement with the hotel not to take possession of your room until 1200 hrs (noon) on arrival, and to keep the room later on the day of departure – again, by prior arrangement. This is not always possible, however, because of cleaning schedules and because the majority of customers want to go straight to their rooms. Our Members will do their best to arrange suitable facilities on the last day, but again, this isn’t always possible.

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What is Advance Passenger Information (API)?

The UK Government requires airlines to collect API for passengers before travel on routes to and from the UK. Some foreign governments also require API. Airlines will only provide each country’s authorities with the relevant information.

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How much will I have to pay for a bond?

This is a matter between you and the bond obligor. The amount you pay will depend on the financial stability of your company and on the way the bond obligor structures their offer. It's likely to take the form of a set fee or a percentage of the total value of the bond.

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My travel agent wants to charge me a service fee. Can they do this?

Yes, as long as they make this clear to you before you book. You may find details about service fees in the travel agent’s terms of business, which should be given to you before you book. There may be notices in the travel agent’s shop or they may tell you their terms.

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Do I need to obtain my bond before I apply to join ABTA?

No, you don't need to provide a bond until we’ve confirmed that your application’s been approved.

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Am I eligible to be considered for full entry to TABRS?


All Members can be considered for full entry to TABRS to replace their retail bond, provided the level of Applicable Risk Turnover (ART) isn’t above £75m. However you can’t be a new Member or a Member who has undergone a change in financial control that is subject to the new Member rules. New Members aren’t permitted to make a full entry into TABRS for the first three years of membership. Please contact your Financial Business Analyst for further details of timing and financial eligibility. Accounts in our possession must not be more than nine months old.

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When can the travel company implement the surcharge?

The company can’t surcharge a client within 30 clear days of departure. ABTA recommends that surcharge invoices are sent at least 35 days before departure to comply with the 30-day rule.

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The hotel isn’t up to standard; can I expect an alternative/upgrade?

If you are simply dissatisfied with your hotel then you will more than likely be charged to amend or upgrade your accommodation. If you chose to book and pay for alternative accommodation you will be incurring additional cost and this could go against you as you do have the obligation to mitigate your loss.

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Who should I contact if the company operating my client’s holiday has gone out of business?

It’s always best to contact us in the first instance. If we aren’t dealing with the failure ourselves, we’ll be able to direct you to the organisation that is.

For information about our financial failure procedures, see Claims: Financial Failure Procedures & Claims Criteria

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There is a hurricane heading our way. What should the tour operator be doing to prepare for this?

If a tour operator has advance knowledge, they would do all that is reasonably possible to make alternative contingency plans. More difficult problems arise when the tour operator cannot forecast its effect. Tour operators are guided by the advice given by the Foreign and Commonwealth Office (FCO) and they will make any arrangements deemed necessary whether this is to move you to an alternative hotel/resort or indeed island/country.

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We haven’t received a refund due from an operator. What are ABTA’s rules on this?

Our Code of Conduct (Clause 6H) requires Members to apply for and to forward refunds without delay. Ten days would normally be taken as reasonable, with 30 days the limit. If the operator hasn’t complied with these requirements, they’re likely to be in breach of the Code. In this case, please write to us, or email membersinfo@abta.co.uk telling us about the situation.

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Can the County Court tell me to seek other ways of resolving the dispute?

Yes. A judge can ask whether any other dispute resolution has been considered. If it hasn’t, the judge can direct both parties to look at other ways to resolve the dispute, such as arbitration, and can postpone the court case for up to one month while you explore this. Ultimately it can lead to further delays and loss of your court fee.

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What is the arbitrator’s role?

An arbitrator is a neutral person who makes a legal and binding decision (Award) after considering the evidence submitted by both the claimant and respondent. The role of an arbitrator is similar to a judge, and the Award is conducted fairly and neutrally. Because arbitration is a legal process, the arbitrator must make his or her decision based on the law.

The consumer and ABTA Member are legally bound by the arbitrator’s decision, which is enforceable in the courts. If the claim includes an element of minor illness or personal injury then this can also be considered by the arbitrator, but is limited to £1,500 per person.

Before the consumer can apply for arbitration, they need to have sent their complaint to us, using the Register a Complaint form in our Travel Clinic [link to travel clinic]. We will read the case and respond directly to the consumer, sending them a unique ABTA reference number (e.g. BD/123456). The consumer will then need to quote this number every time they contact us, whether by mail or by phone. The complaint must be about an ABTA Member and should only be used when the consumer and the ABTA Member have reached deadlock.

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I’m travelling to the USA. Do I need a visa? And what is ESTA?

Most British Citizens can travel under the Visa Waiver Program (VWP) for stays of less than 90 days, but there are some restrictions and you should check, via the USA Embassy, whether you meet these requirements.

For entry to the USA under the VWP, all passengers, including children, must have their own individual, machine-readable passport. For passports issued on or after 26 October 2006, you’ll need to hold a biometric passport to enter the USA under the VWP.

Passengers travelling to or via the USA under the VWP must obtain authorisation to travel before departure. You can apply for the Electronic System for Travel Authorisation (ESTA) online. The ESTA costs $14. Payment can be made by credit or debit card on the official website. There are several similar, official-looking websites through which you can apply for an ESTA but, beware, these carry an additional fee.

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Can I join as a start-up company?

Yes, new businesses can apply to join as an ABTA Partner. However, if you’ve been trading for less than a year, your application will need to be approved by the ABTA Membership Committee.

If you wish to proceed, please complete the application form along with separate details outlining the nature of your business and we’ll submit this for approval.

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My hotel is overbooked what are my options?

Sometimes overbookings will occur, generally down to the hotelier selling too many rooms. If this happens your tour operator is obliged to provide you with a suitable alternative which will be accommodation within the same resort and of the same rating. If the only alternative is a downgrade then you will be compensated. Should you wish to pursue the matter further you may do so on our return.

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A friend’s returned from my holiday resort & says there are few facilities. Can I do anything?

Members advertise facilities and amenities in good faith, but there may be occasions when the advertised services – for example nightclubs or watersports – aren’t available. If this happens, it’s generally during the low season, when resorts and hotels tend to be less busy. Hotels and resorts do, however, usually try to provide facilities relative to the anticipated number of guests, and tour operators do impress upon them that all facilities should be available to their guests throughout their stay.

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Can I sell travel insurance to a client who’s only booking accommodation with me?

Yes. Accommodation-only sales are included in the definition of travel arrangements. But remember, you must be authorised.

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What is Partner+?

ABTA Partner+ is an enhanced level of membership providing all the ABTA Partner scheme benefits plus some valuable added extras, such as bespoke email marketing communications to our Members and website banner advertising on abta.com.

 

ABTA Partner+ membership delivers the platform to effectively market your business directly to thousands of industry professionals.

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Do I have to pay the band 1 charge toward the Travel Agents’ Bond Replacement Scheme (TABRS)?

Besides replacing the need to provide bonds for those Members who are eligible (and choose to do so), TABRS replaces the shortfall insurance that we had for Members conducting retail activities. Now, if a Member fails and the bond is insufficient to meet the claim, TABRS will cover the remainder.

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Will ABTA compel tour operators to have written agency agreements in place with travel agents?

All ATOL holders must have agency agreements with their agents under the new ATOL regulations. ABTA is also introducing a requirement for tour operators to have agency agreements for all types of sale, stating what the financial protection arrangements are for each service sold under the agreement.

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Is there a requirement for minimum turnover, profit margin or trading period?

No, there are no requirements for any of the above.

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Do agency agreements need to contain the CAA standard wording as published or can I change it

All the agency terms must be included word-for-word. The order of the standard terms shouldn’t be substantially changed. You can see the standard terms in the ABTA model agency agreement

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I am on a package holiday and my flight home has been cancelled – what am I entitled to?

The airline and/or your tour operator will arrange replacement transport home. Tour operators have an obligation to provide prompt assistance to their customers. In particular, the tour operator should liaise with the airline to ensure that your rights under the European Union’s Denied Boarding Regulations are met. If these Regulations apply, you’d be entitled to overnight accommodation if that was necessary while waiting for the replacement flight. Other assistance should be provided by the tour operator in accordance with their contractual customer welfare policy.

You should also check your travel insurance to find out what’s covered in your policy.

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I’ve found that the ABTA travel agent booked me with a non-ABTA tour operator. Can they do this?

Yes. ABTA travel agents sell products from a wide-range of suppliers, including non-ABTA companies.

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What if my return flight is cancelled and I’m not flying from an EU country or on an EU airline?

Non-EU airlines, flying to the UK from a non-EU country, do not have to follow the EU Denied Boarding Regulations. You should ask the airline whether they will voluntarily provide assistance as part of their customer service policy.

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How can I find out if an ABTA Member is surcharging?

You can find a list of Members that are currently surcharging here.

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Do I have to comply with ABTA’s financial criteria?

Our financial criteria have been designed to ensure that ABTA Members are financially sound thereby increasing consumers’ confidence. You must comply with the criteria if you either i) conduct activities as an agent or ii) as a principal you conduct non-licensable activities, which are to be financially protected with ABTA by way of bonding. For the latter, it is a legal requirement to provide financial protection under the Package Travel Regulations if you are selling packages. However, you will be exempt from our financial criteria if you elect to financially protect your non-licensable activities by way of financial failure insurance.

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Can an administration fee be added to a surcharge?

Yes, as long as it’s provided for in the principal’s booking conditions. The maximum is £1 per person.

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If I sell a Flight-Plus as an agent, what documents do I need to issue to the client?

You would issue retail receipts as you do now, naming the principal and stating that you act as agent. If you’ve bought the flight from an ATOL holder, your receipt must identify separately the amount paid by the consumer for the ATOL-protected service. This amount must be shown without mark up or other adjustment (unless discounted). Service fees must be properly and separately identified.

You would pass on the principals’ confirmations.

You would also issue a Flight-Plus ATOL Certificate showing your ATOL number and all the other details required.

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