Package Holiday Hotel Not as Described? Your Rights Explained
General information, not legal advice. This guide summarises UK rules as we understand them at the time of writing (October 2026). Your booking conditions and circumstances matter, so check official sources such as GOV.UK, the CAA/ATOL, ABTA, Citizens Advice and MoneyHelper, and get advice if you need it. Contains clearly marked affiliate links. Disclosure.
The pool is closed, your "sea view" overlooks a building site, or the room is nothing like the one you booked. If you booked a package (for example flights and a hotel together, sold at one price), you have stronger rights than many people realise. Here's how they work, and what to do.
Your rights in plain English
The Package Travel and Linked Travel Arrangements Regulations 2018 (PTRs) make the organiser of your package responsible for every travel service in it, including the hotel, even when someone else runs it. Your booking documents name the organiser. When something isn't as promised (a "lack of conformity"):
- The organiser must put it right, unless that's impossible or the cost would be disproportionate.
- If it doesn't do so within a reasonable period you set, you may be able to fix it yourself and claim the necessary costs.
- You're entitled to an appropriate price reduction for the time things weren't right, and compensation for damage you suffer, which government guidance says can include loss of enjoyment. There are exceptions, for example where the problem was your own fault or was due to unavoidable and extraordinary circumstances.
- If a problem substantially affects the holiday and isn't fixed, you may be able to end the package without a termination fee.
There's one important duty on you: tell the organiser without undue delay. If you wait until you're home and the problem could have been fixed in resort, that can reduce what you get back.
What to do in resort
- Raise it with hotel reception first, and ask for a different room or a fix.
- Report it to your organiser at the same time, through the rep, app chat or 24-hour line. Ask for a reference number.
- Put it in writing. App messages and emails create a timestamped record. Keep copies.
- Collect evidence: photos and videos, the original listing (screenshot it), receipts for extra costs, and the names of the people you speak to.
- Set a reasonable deadline for a fix, and say what you'd like, such as a room move, a different hotel or a partial refund.
- Don't sign anything saying you're satisfied unless you are.
Back home: making a complaint
Write to the organiser with your booking reference, what was promised, what you got, when you reported it, what you're asking for, and your evidence. Keep it factual. If the reply doesn't resolve things, see our step-by-step guide to complaining about a package holiday and escalating it.
Where ATOL fits in (and where it doesn't)
ATOL, run by the UK Civil Aviation Authority, is financial protection for flight-inclusive packages if the ATOL holder fails. It can help you get home, continue your trip or get a refund. You should get an ATOL Certificate when you first pay, and it lists what's protected. ATOL does not cover poor service, a hotel that isn't as described, or ordinary cancellations and delays. For those, the PTRs and your contract apply.
Escalation routes
- ABTA: if your company is a current ABTA member, ABTA offers alternative dispute resolution, including arbitration for claims of up to £5,000 per person. Disputes must be raised within 18 months of your return.
- Section 75: if you paid at least part by credit card and the cash price was over £100 and up to £30,000, the card provider may be jointly liable.
- Chargeback: for debit cards. It's not a legal right, and claims normally have to be made within 120 days.
- Small claims court: a last resort, after a formal letter before action.
Prevention: check the hotel before you fly
Most "not as described" disappointments can be spotted in advance. Use our hotel check guide a few weeks before departure, while there's still time to ask questions or request changes.
FAQs
Who is responsible if my package holiday hotel isn't as described?
Under the Package Travel Regulations 2018, the organiser of your package is responsible for all the travel services in it, including the hotel, even if another company provides them. It must remedy a lack of conformity unless that is impossible or the cost is disproportionate, and offer an appropriate price reduction and, where relevant, compensation.
Does ATOL cover a bad hotel?
No. ATOL is financial protection if an ATOL-holding travel company fails, for example by going out of business. It does not cover poor service or a hotel that isn't as described. Those issues fall under the Package Travel Regulations and your contract.
How long do I have to complain to ABTA?
ABTA says it can't help with disputes older than 18 months from your return date, and only if the company is a current ABTA member. Complain to your travel company first.
Can my credit card company help?
If you paid at least part of the cost by credit card and the cash price was over £100 and up to £30,000, Section 75 of the Consumer Credit Act may make the card provider jointly liable for breach of contract or misrepresentation. For debit cards, chargeback may be possible, but it is not a legal right and has time limits.
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