/ Travel & Leisure

Expert Q&A: How to avoid the Goldtrail travel trap

Holiday swimming pool

If you’re off on holiday this summer, news of Goldtrail going bust will set alarm bells ringing. So what should you do if your tour operator goes bust? Which? Holiday’s Rochelle Turner answers your questions.

1. I thought that Goldtrail was ATOL bonded – shouldn’t people get their money back from the Civil Aviation Authority (CAA)?

Many of Goldtrail’s holidays were sold as charter flight-only sales, to which hotels, car hire and other holiday elements were then added. This meant the whole holiday was not considered as a ‘package’ for the purposes of ATOL bonding. So generally, only the charter flight is ATOL protected, not the additional elements.

If you’re affected by Goldtrail going bust and are overseas already, the CAA will arrange your flights home, but you may have to pay for your accommodation again and then claim it back from insurance or credit cards when you return. If you’re yet to travel you should set about cancelling your accommodation and other holiday elements, unless you can get another flight to your destination.

2. How can I make sure I don’t end up stranded if the company I use goes bust?

When you’re booking your holiday, ask your travel agent or tour operator how much of the holiday, if any, is ATOL bonded. If you book online, send an email to customer services or call their helpline.

If it’s not all protected, or you’re not buying through an agent or operator who will guarantee the protection of your money, you can look at getting special insurance to protect as much as possible. For example, you could get cover against scheduled airline failure (SAFI) or for end user supplier failure (such as if your hotel were to go bust). Many good insurance companies will either offer this as standard, or as an additional extra, but you should always check when booking. You can purchase stand alone SAFI from ProtectMyHoliday.com.

3. What if I don’t buy a holiday involving a flight?

At the moment, ATOL just covers flights. If your holiday doesn’t involve a flight, there are other bonding schemes that may protect you. A ferry or cruise company, for example, is likely to be bonded by the Passenger Shipping Association (PSA). The PSA would protect your deposit if the company failed before you were due to travel. If you had booked a ferry package, then the PSA would also ensure that you were repatriated.

4. What about if I paid on my credit card?

If you paid between £100 and £30,000 for your holiday on your credit card, and incur further expenses as a result of being inconvenienced or stranded abroad, you can also lodge a claim for losses with your credit card provider. This is law under Section 75 of the Consumer Credit Act.

If your claim is for less than £100 or you paid with your debit or prepaid card provider, you can lodge a claim with the provider under the Chargeback process. Make sure you keep your receipts as they will be required if you make a claim.

5. It’s all too confusing. Protected, not protected, part protected… What is being done to sort out this mess?

It is confusing, but moves are being made to improve the current situation. The government recognises that we buy fewer packages now than when the ATOL programme was first established. It also knows the majority of overseas holidays are not protected at all nowadays.

Consultations have begun to reform ATOL so that all flights sold together with another essential holiday element are included in the scheme. Further consultation will take place this autumn with the aim to change legislation in late 2011 or early 2012.

Although these moves won’t help holidaymakers this year they could hopefully ensure our trips abroad are better protected in the near future.

Comments
Guest
David O'Hara says:
19 July 2010

I contacted my credit card company today and was told I would have to make a claim through the travel agent which i am told could take between 6-12 months. Is this actually the case or does Section 75 of the Consumer Credit Act cover and the credit card company has basically fobbed me off?

Guest

Ummmm, yes. Under Section 75 of the Consumer Credit Act, both the credit card company and the company that you bought the prodcut or service from are jointly liable if something goes wrong. You could therefore go to either of them to claim your money back. Which? has heard in other instances that it can be quicker to get your money from the credit card company, but there are no guarantees on timings with either, I'm afraid.

Have another go with your credit card company, if you choose that route – just give them a gentle reminder of their responsibility under Section 75.

Guest
nicola says:
20 July 2010

My daughter is on holiday in turkey with her friend and her parents they are due to fly home today 20/07/2010 will they get to fly home,

Guest

We were in Spain when XL failed and due to return to Gatwick. The CAA telephone help-line?! was inaccessible because it was permanently engaged with a call queue so long & expensive to ring that you gave up after several attempts. Our ABTA travel agent simply referred us to the CAA website and refused to offer any other help.The CAA website gave incorrect information implying that no onward transport was in place so we arranged car hire and hotel rooms only to find on arrival at Leeds-Bradford in the early hours that a coach transfer to Gatwick was available. The CAA should set up a cheap and exclusive 'phone line for those abroad and set up a separate number for those still in the UK. Our claim for these costs were refused and requests for reconsideration studiously ignored.

Guest
frustrated customer says:
29 July 2010

I booked a weeks holiday for my husbands 73rd birthday in October 2010 with On the beach.
Im told that the flight part of the claim will be dealth with by CAA. The hotel part will be dealth with by On the Beach but the full price is not being given as they are charging £20 pp admin fee. £40 for us . I have. complained about this to no avail. Easy money as a family of 6 could be charged £120

Guest
peter Shields says:
6 August 2010

I contacted my credit card company and they told me I was fully covered for my lost flights booked with Goldtrail, after filling out the forms they sent me they now say I have to claim through ATOL and I do not have a choice who to claim off is this correct. I also understand that under section 75 I can claim for the added expense of purchasing new flights at such a late date i.e the difference between my original flights and the new ones ( "You must be put back in the same financial position you would have been in if the breach had not occurred,")