1. Ensure that you complete a complaint form in the resort and give the Tour Operator an opportunity to rectify the problem.
2. If the matter has not been resolved to your satisfaction, ensure that a letter of complaint is sent via registered/recorded delivery within the time limit specified in the contract / terms of conditions of booking. The letter should be consise and to the point. Clearly outline the points that were not resolved to your satisfaction and specify the amount of money you are looking for in the form of compensation.
3. If no response to the letter of complaint is received within 28 days of it being delivered, sent another letter via registered/recorded post specifying that no response has been received within the time limit specified by ABTA and that in the event that such response is not forthcoming you reserve the right to take the matter to Court within 7 days of the date of the letter.
4. If no further response is received, or if any correspondence hasn't resulted in the desired outcome, make an online claim in the Small Claims Court via https://www.moneyclaim.gov.uk/csmco2/index.jsp . You will need to pay a fee (the amount of which is dependable on how much is being claimed) that can be claimed back in the event the case goes to court and it results in Judgement being ordered in favour of you. During the online claim process you will need to specify the grounds of the claim and how much is claimed for. You have an opportunity to claim for interest.
5. The Court then delivers the document to the Defendant who then has to decide whether to defend the claim or not. If the Defendant doesn't reply within the time limit set by the Court, you can apply for Judgement by default meaning that Judgement will be entered in your favour automatically. You can see the progress of the claim online and establish at what stage the claim is.
6. If the Defendant has decided to defend the claim, the case will be transferred to your local County Court. You will be asked to complete an Allocation Questionnaire (see http://www.hmcourts-service.gov.uk/cms/files/n149_web_1105.pdf). The Court will order for this questionnaire to be returned by a certain date.
7. Provided both parties have completed the Allocation Questionnaire, the Court will set a date for the hearing and order that both parties deliver any documents on which they may rely on in Court to both the Court and the other party by a given date. Please ensure that at that point you complete a witness statement outlining very detailed reasons behind your claim. Any photographs taken should also be included in the pack. Ensure that the pack is put together professionnally, numbering each Appendix and referring to the appendices in the witness statement. Any documents received after the date stipulated by the Court may not be used as evidence. When sending the documents to Court, you will be asked to pay a hearing fee (the amount of which is dependable on the monies claimed and will be refunded if you win the case).
8. On the day of the hearing, ensure that you arrive at least 30 minutes before the hearing. Report to the Usher and make yourself known as present. Ensure that you have all original copies of the documents with you. The Usher will call you when the District Judge is ready for the hearing. You will be seated - usually - in a private room. The District Judge will sit on one end of the table with the Defendant and Claimant (you) sitting at opposite ends. The District Judge will explain the proceedings and make it clear that the burden of proof lies with the Claimant. The District Judge will then ask you to present your case. The Defendant will then put their case on the table. A discussion will then commence between all three parties. The hearing is fairly informal (nothing like you see on television). Once the discussion has finished, the District Judge will make a binding decision and orders in favour of one or the other party and confirms in the event of the ruling going in your favour how much money is to be paid by the Defendant. There is no appeal against the District Judge's ruling unless an error in law has been made by the District Judge. A District Judge's ruling doesn't set legal precedent and each case will be judged on its merits.
Do I need a solicitor?
You can represent yourself if you so wish. You need to be confident in putting your case forward and read up on Court protocol. The hearing is fairly informal.
Do I need law background
I suggest that you read up on contract law. The most likely reason that you are taking a Tour Operator to Court is because of breach of contract. It will be up to you to convince the Judge that such a breach of contract occurred and that the monies claimed are a fair reflection of the inconvenience it has caused you.
What happens if I don't win the case
You will lose all Court cost incurred and will not have another avenue of recovering the monies you are seeking unless the District Judge has made an error in law.
Disclaimer: The above mentioned is based on personal experience taking a Tour Operator to Court. I don't claim to be a legal expert and the advise given should be read as such.
To add: The Scottish justics system is different to the English justice system, and the advise and tips given may therefore not apply to those resident in Scotland.
Mark
