You have been looking forward to your holiday for months. It's your chance to take a well-earned break from your hectic schedule, to chill out and have fun. But what do you do if things go wrong or if your holiday turns out to be, well, no holiday? Here is some advice on what to do if you need to complain and get some compensation.

Non-package holidays
UK laws may apply if you booked in the UK as a result of a trader advertising here (e.g. a hotel), but otherwise the law of the country concerned will apply. Of course, if your entire holiday was in Britain, UK laws apply throughout, but there may be some variations if you live in England and you travel to Scotland or vice versa.

If you are still on holiday, complain directly to the person responsible (e.g. the manager). Also, unless things are completely resolved, keep a log of events, including any photographic evidence you can get (e.g. a dirty swimming pool). If your complaint is about accommodation, and you are offered an alternative that you consider unsatisfactory, you must decide whether to carry on complaining, to reject the offer and go elsewhere, to go home, or to accept the offer 'under protest'. If you decide on the last course of action, put this in writing, preferably in the language of the country concerned, reserving your right to claim damages later on.

Use this evidence to complain when you get home. If UK laws do not apply, a European Consumer Centre may help if it was a European Union country, or if you need to take legal action, the Law Society will refer you to a specialist solicitor.

Package holidays
If you booked a package holiday abroad from the UK, UK laws will apply should you have a complaint about anything included in the package, such as flights, accommodation, food and excursions.

For a package, your complaint is against the tour operator, even though a travel agent may have handled your booking, except in cases where the travel agent operated the tour themselves. You have cause for complaint if the tour operator hasn't kept to their side of the agreement or if you feel you have been misled in any way. Details of the agreement will be found in the booking conditions in the holiday brochure, together with any other publicity, such as photographs, advertising and so on. The Package Travel Regulations state that the brochure must contain clear details of what you should expect, including arrangements that will apply if you are delayed.

The first thing you should do is see the courier or local representative of the tour operator, or contact their local office if there is one. Otherwise, phone the customer service people at their Head Office. Keep a diary for non-package holidays.

When you get back, write directly to the tour operator, referring to any evidence, witnesses and so on. They will have a customer services section. Alternatively, the travel agent may be prepared to take the complaint up for you. Any evidence you have collected, including your 'diary of events', will help you with your case. Also, Trading Standards may intervene and pave the way for you to get compensation if there has been a breach of the Package Travel Regulations or related legislation.

If you are not satisfied with what you are offered, you may take the matter further within the company. If this fails, either take your case to the Association of British Travel Agents (ABTA) or the Association of Independent Tour Operators (AITO), if the tour operator is a member. They will investigate free of charge and you may use their arbitration service. Alternatively, you can take legal action.

Law stated as at 1 February 2006