Lost Wallet
If your wallet or handbag has been stolen, contact the police immediately and let them know exactly what has been stolen, including money and credit cards. You must get a police report for any insurance claim.
If you are visiting a country such as the Dominican Republic or Turkey, where the police do not usually issue reports, get a letter from your rep confirming you have reported the incident to the police, exactly what was stolen and the fact that local police do not issue reports.
If your passport is lost or stolen, contact the local British consulate to get a new passport. Travel insurance should cover the cost of a replacement passport and associated expenses such as an extra night in a hotel up to about UKL200 to UKL300. You will need a letter from the consulate confirming the loss of your passport and receipts for the cost of the replacement. Your cash, up to your policy limit, is covered if you have receipts to prove you withdrew it.
Car accident
If you are involved in a car accident, get a police report - in many countries the police must be involved by law. You must also contact your insurer or the car hire company. If you are driving your own car and have informed your insurer that you are taking the car abroad, then you should have the same level of cover as in the UK.
If you have not told your insurer or are driving a hire car with standard insurance, you are likely only to have third party, fire and theft cover. This could leave you out of pocket if there is damage to your car. Try to exchange insurance details and get witnesses' details.
If you are injured, get someone to contact your car insurer or hire firm on your behalf. You may also need authorisation from your travel insurer for the cost of any medical treatment.
If you can no longer drive the car, comprehensive car insurance should pay to get the vehicle back to the UK and for you to have a replacement hire car. If you were driving a hire car, it should be replaced by the hire firm.
It is vital to understand what cover you have when hiring a car. For instance, in the U.S., you need collision damage waiver. But beware of being ripped off at airports by hire firms that try to sell unnecessary personal insurance. A good car hire company in the UK should set you up with all the insurance you need.
Other countries often have zero tolerance on alcohol consumption. You may invalidate all insurance if you were over the legal limit when the accident occurred.
Taken ill or an accident
More than one in ten people fall ill or have an accident on holiday each year. Nearly two in five suffer a stomach upset, says Holiday Which? magazine.
Travel insurance is a must, especially if you are traveling too the U.S. where medical treatment is extremely expensive. In Europe, the new European Health Insurance Card which replaced the E111 will give some free emergency medical cover, but check where you are being taken if you are ill.
If you are involved in an accident then the ambulance will probably take you to a state hospital. If you go yourself, you are likely to be directed to a private clinic. Inform your insurer before you seek treatment, or get a family member or the tour rep to do so if you can't, otherwise your claim may be turned down.
To make a successful claim, you will need a doctor's report of your condition and treatment, and receipts for any treatment for any costs incurred. Most insurers set a time limit of 31 days from the end of the holiday for your claim even if you are still waiting for paperwork. Finally, before you go, tell your insurer of any pre-existing medical condition you have, or anyone in your party on whom your trip depends however trivial it may seem.
If your insurer refuses to pay up, ask for a review. If you haven't heard within eight weeks or its answer is unsatisfactory, you can contact the Financial Ombudsman Service (FOS). This is free and is legally binding on the company. You can take further legal action if you are still unhappy.
Rooms not matching the brochure
If you booked a package holiday, then as soon as you discover the accommodation is not as booked, or does not match the brochure write-up, start complaining.
Get the holiday representative to sign a complaints form acknowledging the problem. If the rep refuses to move you, then get them to put this , and the reasons why, in writing. If you can afford it, find alternative accommodation yourself and take up the matter with the travel firm on your return. Talk to other holidaymakers and get their details if they are also unhappy. Take photographs or a video, and keep a diary of problems. It is more difficult to claim against the travel company if you went on an 'accommodation-on-arrival' holiday. With these, you cannot complain about lack of facilities or location, for example, but you can if it is unhygienic or unsafe.
Complain on the holiday company on your return. The firm must reply within 28 days. The Association of British Travel Agents (ABTA) runs an arbitration scheme costing from UKL72.00 for claims up to UKL3,000 rising to UKL164.00 for claims between UK10,001 and UKL25,000. The ruling is legally binding, so you can't then go to court. Alternatively, go to court.
If the claim is less than UKL5,000, you can use the small claims court. This costs up to UKL120 and you don't need a solicitor. Alternatively, contact a specialist law firm such as Edmunds & Co. or Irwin Mitchell. Take details of other holidaymakers so you can launch a class action against the operator. Many firms will act on a no-win no-fee basis, so it shouldn't cost you if you lose.
If you booked the accommodation directly, paid by credit card and the cost was between UKL100 and UKL30,000, then you can claim under section 75 of the Consumer Credit Act. This makes the card company jointly liable with the hotel if your accommodation does not meet acceptable standards.
Otherwise, your only route is legal action against the hotel.
If you booked directly with the owner and cannot settle amicably, then your best route will usually be the small claims court.
Missing bags
Get a Property Irregularity Report (PIR) from the airline as soon as you realise your luggage is missing. The terms and conditions of your ticket will tell you how long you have to claim from the airline - it can be as little as seven days.
Under the Montreal Convention, the maximum payout is around UKL850 as it is based on the weight of the bag rather than its contents. If you have travel insurance or all-risks cover on your home contents insurance, then you can also claim from either of these. Both will have limits on the amount they will pay out on single items and overall. Neither is likely to cover valuable left in a case.
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InternationalTraveller.netAlan Aldana
