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Your rights under the Package Travel Regulations 2018: significant alteration, performance failures, refunds, ATOL insolvency cover, and how to claim against your tour operator through small claims or ABTA.
Significant alteration before departure
Under regulation 11 of the Package Travel Regulations 2018, if the organiser proposes a significant change (different airport, different hotel of lower standard, different dates), you have the right to accept the change, accept a substitute package of equivalent quality, or terminate without paying a termination fee — with full refund within 14 days.
Performance failures during the holiday
Under regulation 15, the organiser must perform the package as agreed. Significant non-conformity (no working air-con in 35°C, builders next door, dirty rooms) entitles you to a price reduction proportionate to the loss of value, plus compensation for distress where appropriate.
ATOL Protection (insolvency cover for flight-inclusive packages)
If your operator collapses, ATOL Protection through the Civil Aviation Authority refunds the package and (if abroad) repatriates you. Look for the ATOL logo and certificate at booking. Apply for refund/repatriation directly via the CAA at caa.co.uk.
Non-flight package insolvency cover
For packages without a flight, the organiser must hold insolvency cover under regulation 19 — typically with ABTA, ABTOT, or a trust account. The trade body or trust takes over and refunds.
How to claim against a package holiday operator
Steps to take when your package holiday went wrong and you want a refund or compensation under the Package Travel Regulations 2018.
Document everything on the holiday
Complain in writing to the rep or hotel during the holiday and get a written acknowledgement. Take dated photos and videos of any issues.
Retain receipts for any unavoidable extra costs such as alternative meals, phone calls home, or replacement transfers.
Write to the operator on return
Submit a formal complaint within the operator's complaint window (often 28 days). Cite the specific Package Travel Regulation breached and list your losses.
Try ABTA arbitration if applicable
If the operator is ABTA-accredited, ABTA arbitration is free, written, and binding. You cannot use both ABTA and small claims for the same matter.
Send a Letter Before Action
If unresolved or the operator is not ABTA-accredited, send a formal Letter Before Action giving 14 days.
File via Money Claim Online
Issue your claim via MCOL for claims under £10,000. For insolvent operators, claim via ATOL (flight packages) or ABTA/ABTOT trust (non-flight packages).
Package Holiday Claims
Your four key protections
The Package Travel Regulations 2018 (SI 2018/634) implement comprehensive consumer protections. These four cover most disputes.
Step-by-step: claim against a package operator
Refund vs partial refund vs damages
- Full refund within 14 days
- — if the operator cancels or makes a significant change you reject before departure (regulation 11).
- — for non-conformity during the holiday, proportionate to the lost value (regulation 16).
- Compensation for damages
- — for further loss including distress and disappointment (regulation 16(3)). Capped where international conventions apply (e.g. Montreal Convention for air travel).
- — at no extra cost where return transport is part of the package and cannot be provided (regulation 17).
All four can stack: a partial refund for the bad days plus damages for distress plus refund of unused services.