The Website & Advice/Guidance Services of HolidayComplaints.com
Conditions of use of the Website and Services of HolidayComplaints.com
The use of or viewing of this site or the use of any telephone, postal or e mail or advice services of HolidayComplaints.com indicates your acceptance to this notice.
HolidayComplaints.com is a trading name of Holiday Travel Watch Ltd which is regulated by the Ministry of Justice in respect of regulated claims management activities. Its registration is recorded on the website www.claimsregulation.gov.uk under reference CRM2162. This is not a business Regulated by The Solicitors Regulation Authority
Jurisdictional Limit of Advices
The information, advice and assistance on this website, or offered by our helpline, only relates to British Consumers. The term "British Consumers" refers to Consumers of holiday products/arrangements which Consumers are ordinarily resident in the UK. The term is also to be taken to include references to the terms "holidaymaker", "holidaymakers", "group traveller", "independent traveller" and "traveller" as used on this website. For all other Non-British Consumers we may refer to information/contacts which may assist them in their own jurisdiction where possible.
Charges to British Consumers
Please note the services provided by HolidayComplaints.com to the holidaymaker or independent traveller are free of charge, the only cost to British Consumers is the cost of any phone calls made to HolidayComplaints.com or the time expended in producing information for HolidayComplaints.com to consider. If HolidayComplaints.com provides a recommendation to a holidaymaker or independent traveller to seek legal assistance and a subsequent recommendation to have their information transferred to our Partner Lawyer, full disclosure will be made at the time of such a recommendation as to its process and in particular the service charges we make to our Partner Lawyer. It should be noted that HolidayComplaints does not charge the holidaymaker or independent traveller for any recommendation process. In any event, full disclosure on recommendation issues is set out in our section – How a recommendation for Legal Services is made
Services Provided by HolidayComplaints.com:
All services are provided by the team at HolidayTravelWatch. HolidayComplaints.com endeavours to deal with all enquiries within a reasonable timeframe, anticipated turnaround times are posted on the site, we cannot guarantee that you will be dealt with within these times. The fact that we provide updates on turnaround times does not indicate nor guarantee that you will be contacted within those time frames. All calls are prioritised according to need.
All calls for assistance are placed in strict rotation, however where urgent matters arise or HolidayComplaints.com receives a high volume of calls, HolidayComplaints.com reserves the right to alter that rotation list.
We would stress that if the matter is urgent, in that you have a court or other legal deadline approaching, you seek the assistance of a solicitor immediately. If you are unsure, then you should seek legal assistance immediately.
Sending Information to HolidayComplaints.com:
The use of telephone, e mail, postal services or courier services is entirely at the risk of the holidaymaker or independent traveller when seeking to contact or provide information to HolidayComplaints.com. Any failure in any of the aforementioned services is the responsibility of the providers or facilitators of the said services; HolidayComplaints.com accepts no responsibility for the failures of those services in the provision of its own service.
Extent of Advices/Guidance:
We do not provide Legal Advice. The use of telephone, postal or e mail services do not express or imply in any way whatsoever that you will receive a definitive advice or conclusion to your travel complaints.
Such travel complaints can only be fully resolved by the use of information provided to you by HolidayComplaints.com and/or properly qualified legal advices, along with any actions required by the holidaymaker or independent traveller to prosecute their claim.
It is your responsibility to provide all relevant information. HolidayComplaints.com cannot be held liable for any losses or failures that flow from the failure to provide all the facts and any guidance that follows from the failure to provide all the relevant facts.
HolidayComplaints.com does not represent itself as providing such properly qualified legal advices, the information provided is based upon the experience of the organisation and collated material from different sources. The decision on what steps to take in order to resolve your complaint is yours; HolidayComplaints.com will not decide what action you should take.
It is a condition of use of this website or the services of HolidayComplaints.com that no reliance on the information stated therein can be made. HolidayComplaints.com makes reasonable endeavours to ensure that all the information provided therein is accurate but cannot be held responsible for any changes made by third parties.
Advice has its limitations and cannot take into account the particular circumstances of each individual or group traveller. Any information contained therein is collated, analysed and summarised; and is believed to be correct at the time of publication.
Advice offered therein is not intended to be a substitute for skilled practical, travel, medical or legal advices. You should not make a complete or partial reliance on the information provided therein as it is subject to change, alteration often due to events beyond the control of HolidayComplaints.com.
HolidayComplaints.com therefore recommends that all information contained therein or advices given be checked through other resources or other skilled practitioners before or after any travel arrangements made.
Accessing Legal Advices:
If you decide to take action independently, we always recommend that you seek separate advices, details of appropriately qualified lawyers can be obtained through the Law Society.
Where it is considered appropriate to make recommendations in your case for properly qualified legal advices this will be stated directly to British Consumers. If you agree to a further recommendation to have your information transferred to our Partner Lawyers, any such recommendation issues will be fully explained at the time of your agreeing to that recommendation.
The information contained on our website is not intended to substitute legal advise and you are referred to the text above under the heading "Extent of Advices/Guidance".
Threatening or Abusive Behaviour:
We would advise that any abusive or inappropriate calls, e mails or correspondence or threats to third parties will not be dealt with, where appropriate, such matters will be brought to the attention of the police and/or other relevant authorities.
Members of the media requiring assistance should call our helpline number 08448734353 - messages will then be relayed to one of the management team. Members of the media should remember that whilst deadlines are often pressing, the resources of HolidayComplaints.com are primarily dedicated to assist the holidaymaker or independent traveller in difficulty. If you have a long term project or need urgent assistance please bear in mind that the holidaymaker or independent traveller must come first - HolidayComplaints.com will not accept any responsibility for the delay in information which is deemed necessary by you for the completion of any media project. In any event, all requests and subsequent clarifications will have to be confirmed either in writing or e mail.
Articles written by HolidayComplaints.com
All Articles contained on this website are date sensitive and information contained therein reflects the information at the time the Article was published. You should not make any reliance, either in whole or partial on any of these Articles when making any travel arrangements. You should check all information contained within those Articles with other sources before making any travel arrangements. Please note that all reasonable care is taken in the production of our articles and all information therein is verifiable through media, documentary, holidaymaker, independent traveller or witness sources.
Your Travel Arrangements and HolidayComplaints.com
HolidayComplaints.com will not accept any responsibility or liability, either express or implied, for any failures in any travel arrangements or travel contract where reliance, either complete or partial, is made upon the information contained within this website or through the services of HolidayComplaints.com. This notice extends itself to any links or the map alerts on this site. HolidayComplaints.com has no responsibility for the content of external sites and does not contribute to their content in any form or manner. Those sites are the responsibility of those companies that own or manage their sites and reference should be made to their own Legal Notices.
Copyright & Trademarks - The Intellectual Property of HolidayComplaints.com™
All material on this site whether written or image based is the intellectual property of HolidayComplaints.com and is copyrighted and remains the property of HolidayComplaints.com and must not be reproduced, circulated, transmitted, sold, copied onto any forum or in any other form, in whole or in part, without the express written permission from HolidayComplaints.com .
Statement of Use for Holidaymakers:
Note that permission is extended on the use of the written materials only on this site, to private individuals seeking advices from HolidayComplaints.com, in order to resolve their travel complaints with tour operators or travel providers through their visit to this site, this does not however extend to any image/art based or trademarked material on this site.
Trademarks of HolidayComplaints.com:
The following are the trademarks of HolidayComplaints.com:
Prepare Action Resolve™,
The HolidayComplaints.com Checklists™,
Holiday Complaints Helpline™,
Holiday Contract Complaints™
All unauthorised use, copying, reproduction or passing off of any or all of the aforementioned trademarks will be constituted as a breach of or an attempt to pass-off the trademarks and/or copyright of HolidayComplaints.com and will be subject to challenge and where necessary, legal action.
Domain Combinations & their use as Trademarks:
HolidayComplaints.com already owns a number of internet based domains. Those domains include derivatives of 'Holiday' & 'Complaints' either singly or combined.
Any use of such derivatives will be considered a breach of or an attempt to pass off the trademarks and/or copyright of HolidayComplaints.com and will be subject to challenge and where necessary, legal action.
Screen-Scraping, Web-Scraping, Web-Harvesting, Web-Data Extraction or any other similar definition of any of the content of HolidayComplaints.com either by software or manual processes for reproduction in any form will be considered a breach of copyright and will be considered as a breach of the exclusive operational and distribution channel of HolidayComplaints.com. HolidayComplaints.com invests in the investigation and inquiry into holiday complaints and the results of that activity published on the website of HolidayComplaints.com should be considered to be the exclusive copyright of HolidayComplaints.com and no re-production is allowed without the express written permission of HolidayComplaints.com. Further, the unauthorised capture of the copyright data of HolidayComplaints.com will be deemed to interfere with the missed opportunity for HolidayComplaints.com to access & guide holidaymakers and a breach of our trademarks and intellectual property. Such activity, combined with the content of HolidayComplaints.com being reproduced in whatever form and/or coupled with any other breaches of our intellectual property rights will also be considered to be computer fraud and abuse, causing damage and loss, unauthorised access to the website of HolidayComplaints.com, interference with our business relations, trespass, harmful access by computer, misappropriation, unjust enrichment, a breach of the HolidayComplaints.com website Legal Notice & User Agreement; this list of breaches is not intended to be exhaustive.
All unauthorised use, copying, reproduction or passing off or screen-scraping of any or all of the aforementioned trademarks or content will be constituted as a breach of or an attempt to screen-scrape or pass-off the trademarks and/or copyright of HolidayComplaints.com and will be subject to challenge and where necessary, legal action.
The artwork & content of HolidayComplaints.com™:
All avatars, colouring, colour combinations, artwork, styling and logos displayed on this website, letters, articles or other documentation are the copyright and trademarks of HolidayComplaints.com™ and any breach of or an attempt to pass off our trademarks and/or our copyright will be subject to challenge and where necessary, legal action. The use of photo artwork on the website of HolidayComplaints.com is granted for use by license to HolidayComplaints.com and remains the property of istockphoto.
Note that any infringement of the copyright or trademarks of HolidayComplaints.com or istockphoto will result in the enforcement of those rights.
Complaints and Case Transfers:
The Legal Information of HolidayComplaints.com
Company Name: Holiday TravelWatch Ltd
Trading Name: HolidayComplaints.com
Company Number: 3928886
Registered Office & Principle Office Address: Holiday TravelWatch Ltd, Eversheds House, 70, Great Bridgewater Street, Manchester, M1 5ES, England.
Geographical Location: Manchester, England
HolidayComplaints.com is a trading name of Holiday TravelWatch Ltd. Holiday TravelWatch Ltd is an Independent Company and is a wholly owned subsidiary of Clear Start Partnerships Ltd and both are member companies of the Fairpoint Plc Group.
If I have a complaint, who is the single point of contact (spoc) at HolidayComplaints.com?
Mr Frank Brehany. He is the Consumer Director of HolidayTravelWatch and is in charge of operating HolidayComplaints.com. In the event that Mr Brehany is unable to deal with the complaint, he will appoint a SPOC officer. At the time you contact HolidayComplaints.com, if appropriate, you will be advised of that person’s name.
If you have a complaint either about the services of HolidayComplaints.com, or it’s handling of your complaint under the claims management regulations, you will always be asked for confirmation of any complaint in writing. You can make your complaint through the following channels:
You can contact us through our helpline – 03332024190. If you have a complaint about our general service, you should state that you have a ‘Complaint about HC’. If you have a complaint about the case transfer process you should state that you have a ‘Case Transfer Complaint’. Our staff will ensure that our SPOC officer is made aware of your call, and will advise you of the name of that person.
Most of our clients now contact HolidayComplaints.com by e mail. If you wish to contact us through this facility, you can do so by clicking on the link found on this website or by e mailing us at information@HolidayComplaints.com If you have a complaint about our general service, you should state that you have a ‘Complaint about HC’. If you have a complaint about the recommendation process you should state that you have a 'Recommendation Complaint’. All e mails are routed to Mr Brehany or his appointed SPOC replacement.
If you have a complaint about our general service, you should mark your letter that you have a ‘Complaint about HC’. If you have a complaint about the referral process you should state that you have a 'Recommendation Complaint’.
Our address for both types of complaint is:
Holiday TravelWatch Ltd (HolidayComplaints.com)
25-29 High Street
All 'Recommendation Complaints’ will be dealt with by Mr Brehany or his appointed SPOC replacement.
We have traditionally made ourselves available to meet with travel consumers to assist them with their travel related problems. We do so where we consider that there is a real need to provide a more personal service. This is usually where a death has been experienced or where the matter involves group or complex issues. Our method of operation and flexibility ensures that we are able to deliver this service when it is required. In all cases where there is a ‘Complaint about HC’ or 'Recommendation Complaint’ we will consider any request for a meeting. We will endeavour to accommodate all reasonable requests.
What do you mean by 'Recommendation Complaint’.
HolidayComplaints.com as part of HolidayTravelWatch is principally a campaigning Organisation. It provides information, advice and assistance to all travel consumers who contact us. We are proud to have maintained a strong tradition of providing information which empowers the travel consumer to resolve their own claims. We currently assist over 90% of all who contact the Organisation, with information to resolve their own claims. A proportion of the remaining persons who contact the Organisation are provided with a recommendation to seek legal assistance and a recommendation to have their information transferred to our Partner Lawyer for their consideration.
The very nature of information provided to us by the travel consumer dictates the nature of assistance provided by HolidayComplaints.com. We repeat the section within our own legal notice which deals with the information provided by the Travel Consumer for consideration by HolidayComplaints.com:
Claims Management Complaints:
Complaints about HolidayComplaints.com, Solicitors & The Claims Management Regulations:
Where the matter involves a complaint about the manner in which we have dealt with any part of the claims management process, insofar as it affects HolidayComplaints.com, then we would ask you to contact us at first instance. We will endeavour to resolve your complaint quickly and to your satisfaction.
If your complaint involves a complaint about a solicitor, then you should also contact us and we will try to help you resolve such complaints.
If you remain unhappy with our response to your complaints, then you should address any further complaints you may have to:
PO Box 6806
0300 555 0333
E Mail: email@example.com
The Legal Ombudsman has helpful pages on the following:
How will the complaint be handled?
Upon receipt of the complaint, it will be passed directly to the SPOC officer; this will generally be Mr Frank Brehany, the Managing Director of HolidayTravelWatch who is also responsible for the day-today operations of HolidayComplaints.com. If the complaint is made orally, this will be required to be confirmed in writing. Any written complaint should also be accompanied by any other documentary evidence. The SPOC Officer will consider the basis of the complaint and if required will discuss the matter of the complaint with any other HolidayComplaints.com staff member or Consultant. If appropriate, the SPOC Officer will contact the complainant and discuss the nature of the complaint and how it can be resolved. Any discussion or resolution agreed will be confirmed in writing. Any complainant will be given the opportunity to respond to any points raised by the SPOC Officer and this will subsequently attract further investigation and response as detailed above. In the event that the SPOC Officer is unable to resolve any ‘Recommendation Complaint’, then the SPOC Officer will clearly identify the complainant’s right to further investigation through the office of The Regulator.
In the event that any complainant uses abusive, insulting or threatening behaviour to either the SPOC Officer or any advisor from HolidayComplaints.com, the investigation will terminate immediately. The matter will then be referred, if appropriate to the police and/or other relevant authorities and to the Commercial Solicitors who act for HolidayTravelWatch. If the matter relates to a ‘Recommendation Complaint’, the matter will also be referred to The Regulator for his information and guidance.
The time periods for dealing with complaints are set out below. If you are not satisfied with a delay in our enquiries, and if your complaint relates to a ‘Recommendation Complaint’, then you are invited to contact the Claims Management Regulator.
As HolidayComplaints.com does not provide legal representation to any holidaymaker or independent traveller, nor holds any client monies, we shall endeavour to rectify any problems caused by any recommendation made where it is as a direct result of anything caused by HolidayComplaints.com. If during the course of any complaint it is clear that the recommendation issue rests with any solicitor, the complainant will be advised to contact the solicitor in question and their options under the Solicitors Complaints Service as detailed above.
All documents relating to complaints will be retained by HolidayTravelWatch/HolidayComplaints.com and archived. A record of all actions taken, resolutions agreed or a failure to agree will be kept and stored electronically. All such records where they relate to a referral issue will be made freely available to The Regulator upon his request.
What are the time frames for making a complaint or receiving a response from HolidayComplaints.com?
These are set out in The Claims Handling Rules 2006. We shall also apply the same rules where a complaint does not relate to a ‘Recommendation Complaint’. They are:
- A business may decline to consider a complaint that is made more than 6 months after the complainant became aware of the cause of the complaint;
- A business must send a written or electronic acknowledgement of a complaint within 5 business days of receipt, giving the name or job title of the individual handling the complaint for the business, together with details of the business’s internal complaints handling procedure;
- A business must, by the end of 8 weeks after its receipt of a complaint, send the complainant either;
- A final response, or
- A response which;
- Explains that the business is still not in a position to make a final response, gives reasons for the further delay and indicates when it expects to be able to provide a final response, and
- Informs the complainant that he may refer the handling of the complaint to the Claims Management Regulator if he is dissatisfied with the delay
Conduct and Principles of HolidayComplaints.com
HolidayComplaints.com supports the principles contained in the General Rules of the Conduct of Authorised Persons Rules 2006, these are:
A business shall conduct itself with honesty and integrity;
A business shall conduct itself responsibly;
A business shall be directed by people with the necessary competence;
A business shall ensure that any staff or other people working on its behalf have the necessary training and competence to perform their duties;
A business shall observe all laws and regulations relevant to its business.
In addition, the business shall comply with the rules relevant to it and shall:
1. On applying for authorisation certify that it does so, and
2. Certify annually that it has done so, when requested by the Regulator.
HolidayComplaints.com also supports the General Principles as they relate to clients, these being:
A business shall:
1. Act fairly and reasonably in dealings with all clients;
2. Ensure that any service offered is one that meets the needs of the client and satisfies the requirements of these Rules;
3. Ensure that all information given to the client is clear, transparent, fair and not misleading;
4. Avoid conflicts of interests;
5. Where advice is given, advise the client unambiguously of Ombudsman Schemes or other official means of obtaining redress;
6. Where advice is given, advise the client to pursue cases only if it is in the interests of the client to do so
7. Preserve the confidentiality of the Claimant unless disclosure is required or permitted by law or by the Claimant.
General Work Issues of HolidayComplaints.com
It is important to note that when we assess a case and provide advices, we always consider alternative means by which you can resolve your claim. This could for example, involve recommendations of:
1. Letter writing, providing information to set out your claim using current consumer laws;
2. Recommendation to contact The Association of British Travel Agents (ABTA);
3. Recommendation to contact The Federation of Tour Operators (FTO);
4. Recommendation to contact The Association of Independent Tour Operators (AITO);
5. Recommendation to contact The Air Advocacy Consumer Panel;
6. Recommendation to contact Trading Standards;
7. Recommendation to contact The Office of Fair Trading (OFT);
8. Recommendation to contact The European Consumer Centre(s);
9. Recommendation to contact Citizens Advice Bureau;
10. Recommendation to contact The Advertising Standards Agency (ASA);
11. Recommendation to contact your Bank Card Issuer;
12. The ABTA Arbitration Scheme
13. The Small Claims Court
14. Money Claims Online
This list is not intended to be exhaustive.
We do not provide legal representation to any holidaymaker or independent traveller.
We do not charge the traveller for any services we provide and therefore do not hold any client monies.
We do not engage in any form of high pressure selling.
We do not, nor have ever engaged in any ‘cold calling’ in person.
We do not use any other cold calling method. The only exception would be where a list of holidaymakers is created in contemplation of seeking to secure compensation for their travel related problems when they return to the UK. We offer to assist such groups through a co-ordinator of such a list, by contacting those named on that list to offer our services. Each list is examined carefully for any objections to such a contact, and each named person on that list will only receive one e mail or one letter from HolidayComplaints.com.
HolidayTravelWatch on behalf of itself and its operations has sought the advices of The Solicitors Regulation Authority and The Information Commissioner on group action lists, and have satisfied and will continue to satisfy any additional requirements for best practice.
HolidayComplaints.com and additional compliance issues
Our website complies with all Codes relating to advertising (The CAP Code).
Our website complies with The Electronic Commerce (EC Directive) Regulations 2002
Data Protection - Privacy
HolidayTravelWatch and HolidayComplaints.com is Registered under The Data Protection Act 1988 and complies with the requirements of The Information Commissioner. The Data Protection Officer for HolidayTravelWatch is Ms Rosy Edwards, HolidayTravelWatch, Adlington House, Church Street, Adlington, Lancashire, PR7 4EX.
In the course of providing its services, HolidayComplaints.com records personal and travel complaint data. HolidayComplaints.com takes reasonable care to ensure that all personal data to securely stored. Under no circumstances is personal data shared with any third party, however, the following exceptions apply:
Where a holidaymaker or independent traveller provides permission to HolidayComplaints.com for the transmission of their personal details to our Partner Lawyer;
If we are required to provide information of a personal nature to police or other governmental authority, full consideration will be given to their request. We shall take further legal advices and where it is determined that we are required to provide personal data, following your contact with HolidayComplaints.com you accept and agree that we are entitled to do so;
If we are required through any legal action by the said authorities to provide information of a personal nature, following your contact with HolidayComplaints.com, we shall comply with the said court or other order, and you accept and agree that we are entitled to do so;
Where we consider or suspect that there has been a breach of the law, you understand and agree that we shall forward all personal data and any other relevant material that will assist any police or governmental authority.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorised with special access rights to our systems, and are required to keep the information confidential. After a transaction, your private information will be kept on file for more than 60 days in order to allow you to contribute to the travel debate or to assist in the progression of any legal claim. (Clause created by FreePrivacyPolicy.com)
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognise your browser and capture and remember certain information.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone. (Clause created by FreePrivacyPolicy.com)
See our dedicated page on ‘Cookies’ and your privacy.
By not blocking our ‘Cookies’ through your browser, you are giving your consent for their use from this site.
Using Your Information With The EU Commission/UK Government
HolidayComplaints.com actively promotes the Consumer story with the EU Commission and the UK Government. We achieve this by using your words to tell that story. We do not use every story. In using such stories, we are very conscious that personal data may be referenced by you in your story. When we use such stories, we sanitise them by removing names or other identifying data, names of travel companies, reference numbers etc. We take the view that this data distracts the reader from the actual experience you are reporting, this is why it is removed. We can assure you that these holiday complaint experiences have had a very positive impact before the EU Commission/UK Government and have rebutted the Travel Industry position of deregulation. We recognise and respect that you may not want, even in anonymised form, publication of your story, if that is the case, you should advise us in writing that you do not want your story used for political purposes
Conditions of use of the Website and Services of HolidayComplaints.com
The use of or viewing of this site or the use of any telephone, postal or e mail or advice services of HolidayComplaints.com indicates your acceptance to this notice.