Package holiday small claims under the Package Travel Regulations 2018
The Package Travel Regulations 2018 (SI 2018/634) implement comprehensive consumer protections. These four cover most disputes.
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.
Package holiday small claims under the Package Travel Regulations 2018
Your four key protections
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.