How a recommendation for Legal Services is made

If your case is considered to be incapable of resolution by normal methods and we consider you require legal advices, we will make that recommendation to you.

In addition, we may make a further recommendation that you should have your case information transferred to our Partner Lawyer.

Before any recommendation is made, we must provide an oral explanation of the relationship that exists between ourselves and our Partner Lawyer.

All information is confirmed on this website and in the event that you decide to accept our recommendation, everything will be confirmed in writing to you by email or letter.

You can be confident that you are being dealt with ethically, fairly and correctly as HolidayComplaints.com is part of HolidayTravelWatch.com which has looked after consumers with holiday complaints for over 17 years!

How is HolidayComplaints.com funded?

Many people ask how is HolidayComplaints.com funded, and we consider this to be a fair and reasonable question.

Up until 31 March 2013, we will have been funded by referral fees paid to us by solicitors. Whilst referral fees were paid, they were done so on a retainer basis, irrespective of whether claims were referred or not and we do not work, nor have ever worked to any solicitor’s targets - this ensures that when a recommendation is suggested that there are no other pressures being brought to bear on that process - the holidaymaker remains free to choose - we remain free to assist without any pressure.

The fees we achieved for our work were used to pay staff wages, the website, our office and for our campaigning activities. This process ensured the continuance of our work on behalf of the travel consumer and ensured that our services remained free to the consumer - this continued the stated aim of our Founder, Brenda Wall.

It is our goal to try and maintain that free service to consumers.

We have in the past used referral fees to fund the operations of the organisation and bring about a greater awareness of our service and also to keep the service we provide to Consumers free of charge.

In light of more recent legal obligations, we shall continue to embrace that regulatory environment. We have not charged a referral fee since 1 April 2013 but we offer an out-source service for our Partner Lawyer to ensure continuity between the consumer and the assistance they deserve. We fully respect and comply with the law and operate in an open and transparent manner in any legal relationships we have or can facilitate for you as we have done since 2007.

We do not, nor have ever supported the notion, that we exist in a 'compensation culture'; we have always promoted the position that consumers have a right to know and understand their rights and where necessary, to be able to freely progress their complaints with the help of travel legal experts.

All too often we speak with consumers who have not received good or skilled advice elsewhere and we believe that we must counteract these 'advice sources' and promote a greater awareness of holiday complaints solutions, which will ultimately lead to a better travel product.

In the past we have always explained to consumers that any charge we made was a charge for the services we provide to any Partner Lawyer.

HolidayComplaints.com through HolidayTravelWatch.com recognises that in 17 years of operation it has not only acquired considerable expertise in guiding consumers with holiday complaints, but that it has also acquired commercial experience on how to communicate with consumers.

It is on the basis of that skill and expertise that HolidayComplaints.com offers and provides its services exclusively to our Partner Lawyers.

It is recognised that in providing these services, it provides an opportunity for our Partner Lawyer to utilise that skill, expertise and the operational experience of HolidayComplaints.com so that they can more effectively meet with and speak with consumers in a cost effective way through the out-sourcing of services which they would otherwise have to build into the operations of their law firm.

It should be noted that any relationship that we have does not influence the independence or daily operations of HolidayComplaints.com; you can be confident of the service we provide to you!

We have always operated on the basis of transparency and will continue to do so and within the regulatory framework set out by the relevant authorities. By charging our Partner Lawyer for our services, this will allow us to continue to provide invaluable advice & assistance to thousands of holidaymakers each year.

Holidaymakers do not have to accept any recommendation we make that they should seek legal assistance nor any recommendation that they should speak with our Partner Lawyers.

Consumers remain entirely free to choose their own path to resolving their holiday claims and to choose their own legal representative.

We take the view that by the time the holidaymaker has contacted us, they have already been under some considerable pressure, we do not want to add to that angst!

Nonetheless, we take the view, that the work carried out by HolidayComplaints.com assists the beginning of any claim, as it removes the initial work that a travel lawyer would be required to carry out.

HolidayTravelWatch & HolidayComplaints.com have advised over 230,000 people over the last seventeen years, directing many holidaymakers to specialist travel lawyers, many of whom have gone on to win damages for their claims.

However, we also guide and assist 90% of all those who contact us, with information that will assist them to resolve their own claims. Many such holidaymakers advise us of their success!

This process ensures the continuance of our work on behalf of the travel consumer and ensures that our services remain free to the consumer - this continues the stated aim of our Founder, Brenda Wall.

The recommendation to have your ‘Case Information’ transferred to our Partner Lawyer – our process:

HolidayComplaints.com is a trading name of Holiday TravelWatch Ltd which is regulated by the Claims Management Regulator in respect of regulated claims management activities. Its registration is recorded on the website www.claimsregulation.gov.uk under reference CRM2162. This is not a business regulated by The Solicitors Regulation Authority.

Neither HolidayComplaints.com nor HolidayTravelWatch are businesses regulated by The Solicitors Regulation Authority and we do not provide legal advice.

HolidayComplaints.com is a trading name of HolidayTravelWatch. HolidayTravelWatch is an independent subsidiary of Clear Start Partnerships Ltd; both are subsidiaries of The Fairpoint Group Plc. Fairpoint Plc owns Simpson Millar Solicitors LLP.

HolidayComplaints.com remains independent.

Where we make any recommendations, they will state that:

  • We recommend that legal assistance is sought to help you resolve your travel claims, and
  • We may recommend that you can have your case information transferred to our Partner Lawyer to help you consider your legal options regarding your holiday complaints.

HolidayComplaints.com works with our Partner Lawyer who is an experienced Travel Law Solicitor.

Your holiday complaint is recorded by us and where appropriate further investigated by us with your assistance. This record contains your personal contact details and a record of your holiday complaint and other relevant information. Where you have sent an email or other information we include this within that record; we also provide a summary to the lawyer of your complaint and also collate and send any other material. Where you have posted material to us, we forward that onto the lawyer at the time of the recommendation.

A recommendation and your acceptance of that recommendation is effected by electronically transferring your record to that lawyer. They simply extract the details they require to consider your case.

Where emails or post are additionally provided, they will also use that material to consider the issues in your claim. The information we record and your documentation is known as the ‘Case Information’.

Following acceptance of our recommendation, the Partner Lawyer we transfer your case information to provides each person with initial free legal advice (except where you are referred to a low cost legal service). In group claims they will assess the individual claim and its place within the group claim. If the lawyer agrees to accept your case, they will advise you accordingly and thereafter explain their process and funding options. If the lawyer decides not to accept your claim, they will advise you with their reasons for not doing so.

If a recommendation is offered to you, and you do not accept the terms of the recommendation, then HolidayComplaints.com will not transfer your case to our Partner Lawyers.

You will then be referred to The Law Society where you can obtain details of a travel lawyer.

It must be made clear, the recommendation to our Partner Lawyer does not preclude you from choosing your own solicitor. You do not have to accept our recommendation. Your solicitor could be one that is known to you. If you are not clear which solicitor to use, then we would recommend that you speak directly to The Law Society, they will provide you with details of your local travel lawyer.

HolidayComplaints.com will not add any further opinion beyond the fact that it believes that the claim is worthy of taking further legal advice.

HolidayComplaints.com cannot make any guarantee or representation that you will win your claim, only qualified legal advices can advise you on that point.

We do not charge you for this service.

At the time of the recommendation and once you accept our offer of having your case transferred to our Partner Lawyer, information about the mechanics of the recommendation and transfer will be given to you and confirmed in writing by e mail or hard copy post.

The process adopted by our Partner Lawyer:

Once your ‘Case Information’ is transferred, we cannot intervene or discuss matters concerning your claim. This is designed to ensure that HolidayComplaints.com does not become involved or seek to influence the skill of the solicitor or indeed your own free choice. HolidayComplaints.com strictly adheres to this rule.

Once they have considered the ‘Case Information’, they will contact you by phone.

The lawyers will provide to you a free initial opinion as to the merits of the claim, and how they believe they can help you. If they cannot provide you with help, they will advise you directly.

If they can assist you with your claim, they will discuss how that can be achieved. At this stage they will also discuss funding to help you to bring a legal action. There are many options but we must advise you that HolidayComplaints.com cannot get involved in any discussions concerning funding; it would be seen as interfering with the skill of the solicitor and your own free choice.

HolidayComplaints.com strictly adheres to this rule.

It would always be the view of HolidayComplaints.com that if you have any initial questions about your case, you should contact the Partner Lawyer and discuss your concerns with them directly.

Once you have had the opportunity to digest what the lawyer is initially advising, it is you and only you who can make the decision as to whether you wish to progress your claim further. You are under no obligation to instruct the Partner Lawyer.

Remember, if you decide to enter into a contract with the Partner Lawyer to represent you for your travel claim, this will be a contract between you and that lawyer; HolidayComplaints.com will not be party to that contract. Following any instruction of the Partner Lawyer, you then wish to withdraw, then you would have to examine the detail of your contract between you and that lawyer. HolidayComplaints.com cannot get involved in that process or accept responsibility for any contract that exists between you and that instructed lawyer.

If you decide to instruct the Partner Lawyer it would always be the view of HolidayComplaints.com that if you have any on-going questions about your case, you should contact the Partner Lawyer and discuss your concerns with them directly. All lawyers are required to have a process whereby clients can address their concerns during the progress of the case.

In the case where you are recommended to contact a low cost legal service, you may be offered a reduced fee or fixed fee, we do not receive any service fee for such a recommendation and the same rules of conduct apply insofar as your relationship or the actions of HolidayComplaints.com as stated above with such an organisation.

Do I have to pay for having my ‘Case Information’ transferred?

No. The services provided by HolidayComplaints.com are provided for free to the travel consumer, we do not charge you for our services.

We make charges to the lawyer for the services we provide to them. This recommendation is not just about providing your name and contact details, we provide a valuable out-source support service to the referred lawyer, and information on your claim.

The lawyer will not pass this charge onto you.

Does HolidayComplaints.com receive a share in any potential damages?

No. Once the transfer of your case is made, we receive no share in your damages. In our view this would interfere with the skill of the Partner Lawyer and your ability to choose. HolidayComplaints.com strictly adheres to this rule.

Can you still choose your own lawyer?

Yes. You can obtain your own lawyer through the services of The Law Society, by using a lawyer known to you or by contacting your Legal Expense Insurer provider. Just make sure that they have travel law experience!

Complaints:

If you have any complaints about this recommendation service then please either email us through the link on this website or write to; The Managing Director, Holiday TravelWatch Ltd, Eversheds House, 70, Great Bridgewater Street, Manchester, M1 5ES, England. Full guidance is provided through our page containing our Legal Notice.


Please see our Legal Notice for further information on our services and your rights where recommendations are made.