Holiday insurance claims

3. Your luggage is still on holiday?
You’ve probably already reported it to the airline – if not, do it now! There is a time-limit for compensation claims – seven days for damaged and missing bags. If your baggage is lost, delayed or damaged, you can ask the airline to compensate you for the contents. Ideally you will have filled in a property irregularity form before you left the airport. The liability limit for each passenger is currently around £800. There is no time limit for lost luggage but you should write to the airline as soon as possible. Make sure you claim from your insurance company too as many policies have strict time limits and you don't want to leave your claim too late while still waiting to hear from the airline.

4. Don’t get fobbed off.
Tour operators may try various ‘cop-out’ lines on you – we’ve heard them all! One example is: ‘It isn’t our fault, you should have taken it up with the hotel owner’. Don’t believe them! The holiday company is responsible for all parts of the package regardless of whether they actually provide them or sub-contract to someone else.

5. Don’t get mad, get writing!
Write to the tour operator immediately. If you took revenge by gathering photo and video evidence and collecting details of fellow holiday-makers then top marks. Put down your complaint and send your evidence to the tour operator. If it belongs to the Association of British Travel Agents (Abta) the operator must respond within 28 days.

6. What can you claim for?
There are three basic things:

• Loss of value - the difference between the value of the holiday you got and the one paid for;
• Out-of-pocket expenses - the refund of any reasonable expenses incurred as a result of the operator’s breach;
• Loss of enjoyment – for your disappointment

7. Did you use the credit card?
If you did, great. Your bank will be jointly liable with the holiday company so you can also make a claim to them. You’re covered as long as the holiday cost more than £100 but less than £30,000 (the amount you put on the card shouldn’t be more than £25,000).

8. See you in court
If you’re still not satisfied you can go to the small claims court or arbitration (for example, with ABTA). Remember that decisions at arbitration are binding. Don’t be put off by going to a small claims court. It’s cheap, informal and designed to let people argue their cases without the need for lawyers. If you want support then Which? Legal Service can help.

Which? Legal Service is currently offering people a special deal to join - six months for the price of three for just £12.75, call 0800 252 1090.