From the ABTA webiste on complaints procedure. Sorry its a bit long but it isn't as simple to take a company to court if you haven't given them time to investigate and reply as per ABTA Code of Conduct:
I’ve written to my ABTA travel company with details of my complaint. How long should I have to 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.
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 would be acceptable to you.
I wrote to the company over 28 days ago, but I haven’t had a reply. What can I do?
Send us a copy of your letter, a copy of your confirmation invoice, and a covering letter. We’ll then chase up a response on your behalf.
ABTA Consumer Affairs Department, 68-71 Newman Street, London W1T 3AH
I’ve now received two full written responses, but I’m not happy with them. How can I pursue the matter further?
Send us copies of your letters, copies of the replies, and a copy of your confirmation invoice, together with a covering letter. We’ll then be able to advise you on avenues available to you. Please don’t send originals or photographs.
ABTA Consumer Affairs Department, 68-71 Newman Street, London W1T 3AH
I’ve been advised that I can take my case to arbitration. What is this?
Arbitration is a private process by which an independent person, called an arbitrator, resolves a dispute by making a legally binding decision (called an award). It’s a long-established and effective method of resolving disputes and is the only legal alternative to resolving your dispute through the courts. Be aware that you may win your case, partially win your case or lose your case, and remember that whether successful or unsuccessful, you and the holiday company remain legally obliged to comply with the arbitrator’s final decision, subject to any review or appeal made by either of the parties.
What’s the arbitrator’s role?
The arbitrator will decide your case on the basis of the evidence you submit. Their role is similar to a judge, and they’ll make a legally binding award about your case as fairly and as neutrally as possible. Arbitrators can’t help you to make your case; they can only determine the outcome as justly and speedily as they are able. All the arbitrators are Fellows of the Chartered Institute of Arbitrators and are qualified and experienced in travel arbitrations.
The arbitrator will:
- consider the parties’ arguments and evidence;
- act fairly and impartially;
- act according to the law.
What’s an arbitrator’s award?
The award is the judgement that the arbitrator makes in the case. It’s binding on the parties and generally enforceable in the courts. At the end of the case a document is sent to the parties that consists of two parts: the award and the reasons. The award contains the legally binding orders for the parties and the reasons contain the details of the case and the arbitrator’s assessment.
How’s the arbitration case conducted?
The case is conducted on a documents-only procedure. The arbitrator makes an award based on the documents and evidence submitted by the parties in dispute. It’s in the interests of each party to state its case clearly and to produce all relevant supporting documents.
How long will the arbitration procedure take?
The procedure takes approximately seven weeks from the date that the application for arbitration is received.
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.
If my case is unsuccessful, will I have to pay the company’s (respondent’s) costs?
If you fail in your claim, it’s likely that you’ll be ordered to pay an amount which is equal to the sum you paid as the registration fee. You won’t be liable for any other costs unless, for example, you (or the other party) have failed to accept an offer of settlement, which equals or exceeds the arbitrator's award.
How much will 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 claimFee£1.00 - £3,000£72.85£3,001- £5,000£98.70£5,001 - £10,000£129.25£10,000 - £25,000£164.50
The parties are responsible for the cost of making their cases, including postage, stationery, photocopying and legal representation if used.
Can the arbitrator or administrator give me advice on my case?
No. The arbitrator and the administrator are impartial, and can’t act as a consultant or adviser to either party. They can only advise you on procedural matters.
If you need advice, you can seek it from a solicitor, a Citizens Advice Bureau, a law centre, or a neighbourhood advice centre.
Do I have to attend a hearing?
No. There’s no hearing. The procedure is based on documents only.
Do I need legal representation?
No, not necessarily. The arbitration scheme was set up expressly to allow the parties to present their cases without the need for legal representation.
How does the arbitrator decide the case?
The arbitrator decides the case purely on the arguments and evidence presented by the parties. The arbitrator assesses the evidence and analyses the terms of the contract which were agreed to by the claimant and the holiday company, when the holiday booking was made. The arbitrator specifically looks for a proven breach of this contract.
The arbitrator will try to help the parties resolve their dispute in any way possible but is restricted to consideration of the documents and evidence submitted. You must therefore make every point and submit all supporting evidence that you consider relevant. You must also retrieve and submit any documents sent previously to any other body on which you intend to rely.
Neither the arbitrator nor the administrator are investigators. So, if you have witnesses to support your case, you must obtain their statements and submit them. It won’t be acceptable for you to send a list of witnesses and ask the arbitrator to contact them. Likewise, it isn’t sufficient for you to say that you have evidence. You must produce it.
Subject to any directions that the arbitrator orders, and to their case load, an award is made within 21 days.
What if I decide to settle the case before the arbitration’s completed?
Either party has a right to enter into 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 successful settlements to the administrator, so that the arbitration can be terminated. Registration fees are non-refundable in the event of settlement, so they should be taken into account as part of the negotiated settlement.
Can I refuse the offer of settlement?
Yes. The company (respondent) has the right to offer you settlement money, and the claimant has the right to accept or to refuse such offers.
When offers of settlement are made, you should consider the following:
- Settlement offers aren’t necessarily viewed by the arbitrator as an admission of guilt.
- If the arbitrator awards you an amount equal to, or less than, the amount previously offered by the respondent, you may be liable to pay the respondent a sum equivalent to your registration fee. This is because it was unnecessary for you to resort to arbitration.
- Any money you receive from the respondent shouldn’t be banked and should be returned to the holiday company before arbitration is initiated. Remember. if you accept money in full and final settlement of any dispute before or during the arbitration, the arbitration may be deemed void, as you’re agreeing to settle the dispute.
If my claim’s unsuccessful, what can I do next?
If you lose your case there are two ways of challenging the arbitrator’s award. You can appeal through the High Court within 28 days of receiving the award, or you can request a review under the IDRS Consumer Arbitration Scheme Review Procedure. Details of this procedure are available from the administrator. Applications for review must be made within 21 days of receiving the award. Both of these deadlines are strictly enforced, and if you don’t act within the deadline you’ll lose the right of appeal or review. If no appeal is initiated through the High Court, or review through the administrator, the award will remain legally binding on the parties.
Remember, the fact that you may not like an award made against you (or even in your favour, but not for the total amount claimed) doesn’t mean that the award is wrong in law.
I’ve been told that if I pursue my claim via my local County Court, the Court could tell me to seek other ways of resolving the dispute. Is this correct?
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.