These FAQs (Frequently Asked Questions) have been compiled to help you to understand the Travel Arbitration Scheme 2024 Edition better.  This page will be constantly reviewed and updated. It was last updated on 14th November 2024. If you would rather watch a video representation of these FAQs simply click on the video above.

IMPORTANT: As we are integrating a new platform for applications and case management, we are allowing additional flexibility with timescales. This flexibility will allow additional time for parties to submit their documents upon request. This measure will be in place until 30th November 2024.

There are two recent publications you may wish to read / listen to as they offer further guidance. A Short Guide to Travel Arbitration: What Consumers Need to Know, written and published on 18th August 2023, offers guidance for holidaymakers, and episode 19 of the No Disputing That podcast is a special edition concentrating on detailed explanations of how the scheme works.  It is available wherever you get your podcasts, and the link here is to Apple Podcasts.

Please note that both of these resources were originally published under the 2018 Edition and some of the information may be out of date. Updated versions will be provided in due course.

Most importantly, you are encouraged to the read the Rules of the scheme and any guidance notes accompanying the rules before you make an application.

What is Arbitration?
Arbitration is a cost effective, speedier and less formal alternative to resolving your dispute through the courts. It is conducted privately based on written documentation and evidence submitted to us by you and by the travel company.

What is Travel Arbitration?
Travel Arbitration is an independent arbitration service used to resolve disputes between consumers and travel companies who use the scheme (including members of ABTA as well as Love Holidays, On the Beach, Sunshine Holidays, Southall Travel and others). Under the scheme, an Arbitrator is appointed to make a decision (known as an Award) based on the evidence provided to them by the parties in dispute.

The Award is binding on the parties and it takes less time and costs less money to take a dispute through arbitration than it does to go through the court system. For more information about the difference in costs between court and arbitration we have published an article which goes into some detail and can be found in the second section below this.

Travel Arbitration deals with alleged breaches of contract and / or negligence between customers and travel companies and cannot deal with any criminal cases or those of assault – either physical or sexual. The scheme is provided so that customers can have disputes resolved without having to go to court and without having to go to the expense of instructing solicitors (though you may choose to use a solicitor if you like, at your own expense).

If your dispute is with an ABTA member you can read the rules of the scheme on the ABTA website at the ABTA’s ADR Schemes page. The rules are very important so if you are thinking of using the scheme you need to read them carefully. If you are in dispute with Love Holidays, On the Beach, Sunshine Holidays and Southall Travel you need to ask them for a link to the rules.

Who runs Travel Arbitration?
Travel Arbitration is a trading brand of Hunt ADR Limited, who run the scheme. Hunt ADR were formed in April 2016 and provide mediation and arbitration services to a number of organisations and private parties as well as providing training to mediators and other professionals.

Who are ABTA and what is their involvement?
ABTA is the UK’s largest travel association, representing travel agents and tour operators that sell £37 billion of holidays and other travel arrangements each year.  ABTA has been a trusted travel brand for more than 65 years, offering advice and guidance to the travelling public, as well as leading the travel industry in supporting high service standards, working with its members on health and safety, and promoting responsible tourism at home and abroad.  ABTA has had an arbitration scheme available to resolve consumer disputes with its members for more than 40 years and now contracts with Hunt ADR to provide the service.

Not all users of the scheme are members of ABTA. For example, Love Holidays, On the Beach and Southall Travel have their own version of the rules and operate outside of ABTA membership.

If you are in dispute with any holiday company you must complain to them first. We will not issue application forms for arbitration, and we cannot get involved if you have a dispute until you have submitted a properly completed application form, which is issued either by ABTA or by the holiday company.

Who are ODRPlat and what is their involvement?
Travel Arbitration is a Hunt ADR service supported by technology and case management provided by ODRPlat, a provider of integrated online dispute resolutions platforms.

Is Travel Arbitration independent?
Yes.  Hunt ADR has no personal interest in the outcome of a case, our role is to make sure we appoint arbitrators who publish clear, binding final awards which end the dispute more quickly and cost-effectively than a court would.

Can you advise us on whether we have a good case?
All the advice we can give is here and in the associated blogs and podcasts. We are unable to offer any guidance on chances of success.  For the arbitration scheme to work properly we must remain, at all times, independent and impartial and this means we can only offer procedural guidance and cannot offer advice to either party on the merits of their respective cases.

How much will Travel Arbitration cost me?
To register a claim with us you need to pay £150, this covers you for a claim of up to £25,000. These fees are payable to Hunt ADR when making an application and are non-refundable.  If your case settles with the travel company before an arbitrator is appointed then you should make sure that you ask for re-imbursement of your registration fee in the settlement with the travel company. 

Remember, arbitration is less expensive than going to court and you can read more about this in our article on the cost of arbitration v court in the section below.

How do I make an application to use Travel Arbitration?
If your travel company is a member of ABTA: Before you can apply to use the scheme you must have complained to the ABTA Member and given them the opportunity to resolve your complaint. If they are unable to then you can take your complaint to ABTA who will try and help you and the other party find a solution. 

Once that route is exhausted, ABTA will write to you to let you know what you could do next. They will tell you you have the option to go to court or to arbitration.  You can only apply to use the scheme once you have that communication from ABTA, which includes a reference number which allows you to access the application portal.  Please remember that your application must be made within 18 months from your return date from holiday.

If you are in dispute with Love Holidays, On the Beach or Southall Travel (or any subsidiary of any of them) then you must go direct to them, we cannot get involved until an application is made and accepted by us.

I don’t want to use the portal, can I apply via post?
Yes, of course. As long as you have the application form issued by ABTA / the travel company and your unique reference number you can apply by post.  Details are given at the appropriate time. Please remember that your application must be made within 18 months from your return date from holiday.

What is an arbitrator?
An arbitrator is a neutral person who makes a legal and binding decision (Award) after considering the evidence that both the consumer and the travel company submit. The role of an arbitrator is similar to that of a judge and your claim will be conducted fairly and neutrally. Arbitration is a legal process and the arbitrator must make their decision based on the law.

Our arbitrators are all independent professionals, most of who are members of the Chartered Institute of Arbitrators and all have award writing experience.  Each arbitrator has either been invited to join the panel based on their expertise or has otherwise satisfied us of their ability to arbitrate on disputes of this nature.  It is important to note that arbitrators are not employed by Hunt ADR, they are contracted to provide arbitration on a case-by-case basis.  This makes it easier for Hunt ADR to remove an arbitrator from its list or to add more arbitrators in the future. The current list includes arbitrators who have published awards in thousands of travel cases. Arbitrators are appointed according to a ‘cab rank’ system used widely in legal cases. This means that the arbitrator is selected on their availability and not specifically chosen for a particular case.

What is an Award?
The Award is the document with the decision that the arbitrator produces once he or she has considered all the evidence. All awards must stand up to scrutiny in the relevant court if they are appealed, which means they take matters of independence and impartiality very seriously. The parties are legally bound by the Award, which is enforceable in the courts, subject to any provisions in the rules.  It contains legally binding orders for the parties and details of the case and the arbitrator’s explanation as to why they decided the case as they did.  When parties receive the Award it is our goal that it will be clearly written and understandable and not contain legal jargon. Many awards are proofread by professional arbitration award proofreaders before they are issued to ensure that accidental slips and errors are kept to a minimum.  We also spot check awards post-publication and will follow up with any comments including specifying areas for praise and for improvement.

Can I claim for flight delays?
If your holiday was a package holiday and part of your complaint relates to a flight delay then it can be dealt with by Travel Arbitration. If your claim is solely for flight delays this scheme does not apply, they are dealt with by other providers approved by the Civil Aviation Authority specifically to deal with flight delays.

What happens if I win or if I lose?
If you win the travel company will send you the money they owe you directly. Payment is due within 21 days from the date the award is issued, unless either party has approached Hunt ADR (within 28 days of the Award being issued) asking for an Appeal. If you do not receive payment within 21 days, then you should, in the first instance, contact the travel company (and ABTA where the travel company is a member of ABTA).

If you lose or you’re awarded less than, or the same as, an amount that was previously offered to you by the travel company, you’ll be ordered to pay a further amount to the travel company, which will be equal to the £150 you paid as a registration fee – but no more than that. For example, if the travel company offers you £2,800 and you decline the offer, and then the Arbitrator awards you £2,700, you will have to pay £150 back to the travel company. 

You are also responsible for the cost of making your case (e.g. photocopying, postage, etc.).

How does the Arbitrator decide the case?
The Arbitrator decides the case purely on the arguments and evidence presented by the parties. You must prove your case on the balance of probability to the satisfaction of the Arbitrator. The Arbitrator assesses the evidence and analyses the terms of the contract, which have been agreed to by you and the travel company when the booking was made. The Arbitrator specifically looks for a proven breach of this contract.

The Arbitrator is restricted to consideration of the documents and evidence submitted and cannot award more than has been claimed. You must therefore make every point and submit all supporting evidence that you consider relevant. You must also retrieve and submit any documents sent previously to any other body and upon which you intend to rely.

Do I need to prove my claim or does the travel company have to prove I am wrong?
The burden of proof is on you, as it would be in court, and in order to prove your claim you should submit all the evidence that you feel supports it. Your claim should be set out in date order, listing the events which have led to the claim, and referring to each supporting document in respect of each allegation.

Do not exaggerate the claim, if you are unable to produce evidence to prove any aspect of the claim, consider whether that part should be included or what justifies it. Exaggeration may undermine the credibility of your evidence.

How long will it be before I know the outcome?
You should expect to hear the outcome within 8 – 12 weeks from the date that the application for arbitration was received by Hunt ADR.

Can the Arbitrator or Hunt ADR advise me on my case?
No. The Arbitrator and Hunt ADR are impartial and cannot act as a consultant or adviser to either party. Hunt ADR can only advise you on procedural matters. If necessary, advice should be sought from a solicitor or Citizens Advice Bureau.

Do I need legal representation?
No, but you can choose to have legal representation if you want to. Arbitrators do not expect you to have legal representation, though you may choose to have it, at your own cost. This is your right. Please remember that your legal costs cannot be reclaimed, even if you win.

If my claim is unsuccessful, what can I do next?
There are only two routes for challenge against the award - you can appeal through the High Court, within 28 days of receiving the award; or
you can request an appeal under the Travel Arbitration Scheme Appeals Procedure. Details of this procedure are supplied by ABTA / the travel company when they send you details about the scheme. Any application for appeal must be made to Hunt ADR within 28 days of receiving the award.

These deadlines are strictly enforced (we have no power to extend them in any circumstances) and if you do not apply in time, you will lose the right of appeal.  There is no other way to challenge the award. You may not like an award (the amount awarded) but remember that does not mean that the award is wrong in law.

Appeals will normally require evidence of a serious error in law or misconduct on the part of the arbitrator. In order to have an appeal considered by the High Court, you may need to instruct a solicitor. We cover the costs of appeal in an article here.

Can I share my Award or the outcome with media or go to them during the arbitration process?
In simple terms, the Rules of the scheme include a confidentiality clause at Rule 7.  Arbitration is a legal process, the rules which you and the other party have entered in to (in your case, voluntarily) state that the matter must be treated as confidential, and if that confidentiality is breached then the ABTA Member / travel company / Hunt ADR could seek legal remedy.  Therefore, you should exercise caution if you are considering making the contents of an award or your case public.

Ultimately, you enter this process subject to the Rules and if you prefer to run the complaint through the media, that is inconsistent with the arbitration process you and the other party have agreed to enter in to. If the media report your case before the arbitration is completed then any arbitrator appointed may see the coverage and possibly, as a result, could not take on the appointment as it could prejudice their view and the arbitration process.

We will not engage with media enquiries about the running of this scheme.

Policy on Abusive Users
We will not tolerate abusive actions towards our staff. We are not obliged to work with people who are abusive to us.  We are not a holiday company, we are not ABTA, we are not a regulator or a public service provider.  Our role is to provide independent arbitration services once we have received and accepted a valid application for arbitration. We reserve the right to refuse to accept an application and we will not deal with anyone who is abusive or uses foul or threatening language either verbally or in writing.

How do I complain about something you have done?
Our complaints procedure sets out how to complain and what you can complain to us about.  Please note when considering making a complaint that we can only deal with service complaints. We have no legal right to amend an award, and it may be that your only recourse if you want to have the award changed is to appeal (see If my claim is unsuccessful, what can I do next? above).

Can I have an extension for Bank Holidays, Christmas and / or Easter periods?
In order to ensure that the scheme runs properly, we need to adhere strictly to deadlines for submissions.

However, where a Bank Holiday arises during the process the following extensions apply:

Easter Bank Holiday – extended by 7 days

May Bank Holiday – extended by 3 days

August Bank Holiday – extended by 3 days

Christmas and New Year – extended by 10 days (in total)

The only exception to the above is where either party request an extension of time and have it agreed and acknowledged by Hunt ADR.

These FAQs (Frequently Asked Questions) have been compiled to help you to understand the 2018 Edition of the Travel Arbitration Scheme better. This page will be constantly reviewed and updated. It was last updated on 9th September 2024.

There are two recent publications you may wish to read / listen to as they offer further guidance. A Short Guide to Travel Arbitration: What Consumers Need to Know, which was published on this website on 18th August 2023, offers guidance for holidaymakers, and episode 19 of the No Disputing That podcast is a special edition concentrating on detailed explanations of how the scheme works. It is available wherever you get your podcasts, and the link here is to Apple Podcasts.

Most importantly, you are encouraged to the read the Rules of the scheme and any guidance notes accompanying the rules before you make an application.

What is Arbitration?
Arbitration is a cost effective, speedier and less formal alternative to resolving your dispute through the courts. It is conducted privately based on written documentation and evidence submitted by post or through our portal.

What is Travel Arbitration?
Travel Arbitration is an independent arbitration service used to resolve disputes between consumers and travel companies who use the scheme (including members of ABTA as well as Love Holidays, On the Beach, Sunshine Holidays and Southall Travel). Under the scheme, an Arbitrator is appointed to make a decision (known as an Award) based on the evidence provided to them by the parties in dispute.
The Award is binding on the parties and it takes less time and costs less money to take a dispute through arbitration than it does to go through the court system. The scheme deals with alleged breaches of contract and / or negligence between customers and travel companies and cannot deal with any criminal cases or those of assault – either physical or sexual. The scheme is provided so that customers can have disputes resolved without having to go to court and without having to go to the expense of instructing solicitors (though you may choose to use a solicitor if you like, at your own expense).

If your dispute is with an ABTA member you can read the rules of the scheme on the ABTA website at the ABTA’s ADR Schemes page. The rules are very important so if you are thinking of using the scheme you need to read them carefully. If you are in dispute with Love Holidays, On the Beach, Sunshine Holidays and Southall Travel you need to ask them for a link to the rules.

Who runs Travel Arbitration?
Travel Arbitration is a trading brand of Hunt ADR Limited, who run the scheme. Hunt ADR were formed in April 2016 and provide mediation and arbitration services to a number of organisations and private parties as well as providing training to mediators and other professionals.

Who are ABTA and what is their involvement?
ABTA is the UK’s largest travel association, representing travel agents and tour operators that sell £37 billion of holidays and other travel arrangements each year. ABTA has been a trusted travel brand for more than 65 years, offering advice and guidance to the travelling public, as well as leading the travel industry in supporting high service standards, working with its members on health and safety, and promoting responsible tourism at home and abroad. ABTA has had an arbitration scheme available to resolve consumer disputes with its members for more than 40 years and now contracts with Hunt ADR to provide the service.

Love Holidays, On the Beach, Southall Travel and others
Not all users of the scheme are members of ABTA. For example, Love Holidays, On the Beach and Southall Travel have their own version of the rules and operate outside of ABTA membership. If you are in dispute with any holiday company you must complain to them first. We will not issue application forms for arbitration, and we cannot get involved if you have a dispute until you have submitted a properly completed application form, which is issued either by ABTA or by the holiday company.

Who are CDRL and what is their involvement?
The 2018 Edition of Travel Arbitration is a Hunt ADR service supported by technology and case management provided by CDRL. CDRL are a multiple times approved consumer dispute resolution specialist. They operate a number of schemes including AviationADR which resolves disputes between consumers and certain airlines, under the approval of both The Chartered Trading Standards Institute and The Civil Aviation Authority.

Is Travel Arbitration independent?
Yes. Hunt ADR has no personal interest in the outcome of a case, our role is to make sure we appoint arbitrators who publish clear, binding final awards which end the dispute more quickly and cost-effectively than a court would.

Can you advise us on whether we have a good case?
All the advice we can give is here and in the associated blogs and podcasts. We are unable to offer any guidance on chances of success. For the arbitration scheme to work properly we must remain, at all times, independent and impartial and this means we can only offer procedural guidance, and cannot offer advice to either party on the merits of their respective cases.

How much will Travel Arbitration cost me?
The amount you pay depends upon how much you are claiming. If your claim is for an amount up to £7,500, then you pay £108. If your claim is between £7,501 and £25,000, you pay £135. These fees are payable to Hunt ADR when making an application and are non-refundable. If your case settles with the travel company before an arbitrator is appointed then you should make sure that you ask for reimbursement of your registration fee in the settlement with the travel company.

How do I make an application to use Travel Arbitration?
If your travel company is a member of ABTA: Before you can apply to use the scheme you must have complained to the ABTA Member and given them the opportunity to resolve your complaint. If they are unable to then you can take your complaint to ABTA who will try and help you and the other party find a solution. Once that route is exhausted, ABTA will write to you to let you know about what you could do next. They will tell you you have the option to go to court or to arbitration. You can only apply to use the scheme once you have that communication from ABTA, which includes a reference number which allows you to access the application portal. Please remember that your application must be made within 18 months from your return date from holiday.

If you are in dispute with Love Holidays, On the Beach or Southall Travel (or any subsidiary of any of them) then you must go direct to them, we cannot get involved until an application is made and accepted by us.

I don’t want to use the portal, can I apply via post?
Yes, of course. As long as you have the application form issued by ABTA / the travel company and your unique reference number you can apply by post. Details are given at the appropriate time. Please remember that your application must be made within 18 months from your return date from holiday.

What is an arbitrator?
An arbitrator is a neutral person who makes a legal and binding decision (Award) after considering the evidence that both the consumer and the travel company submit. The role of an arbitrator is similar to that of a judge and the award will be conducted fairly and neutrally. Arbitration is a legal process and the arbitrator must make their decision based on the law.
Our arbitrators are all independent professionals, most of who are members of the Chartered Institute of Arbitrators and all have award writing experience. Each arbitrator has either been invited to join the panel based on their expertise and gravitas, or has otherwise satisfied us of their ability to arbitrate on disputes of this nature. It is important to note that arbitrators are not employed by Hunt ADR, they are contracted to provide arbitration on a case by case basis. This makes it easier for Hunt ADR to remove an arbitrator from its list or to add more arbitrators in the future. The current list includes arbitrators who have published awards in thousands of cases, many of them in travel related cases. Arbitrators are appointed according to a ‘cab rank’ system used widely in legal cases. This means that the arbitrator is selected on their availability and not specifically chosen for a particular case.

What is an Award?
The Award is the document with the decision that the arbitrator produces once he or she has considered all the evidence. All awards must stand up to scrutiny in the relevant court if they are appealed, which means they take matters of independence and impartiality very seriously. The parties are legally bound by the Award, which is enforceable in the courts, subject to any provisions in the rules. It contains legally binding orders for the parties and details of the case and the arbitrator’s explanation as to why they decided the case as they did. When parties receive the Award it is our goal that it will be clearly written and understandable and not contain legal jargon. Many awards are proof read by professional arbitration award proof readers before they are issued to ensure that accidental slips and errors are kept to a minimum. We also spot check awards post-publication and will follow up with any comments including specifying areas for praise and for improvement.

Can I claim for flight delays?
If your holiday was a package holiday and part of your complaint relates to a flight delay then it can be dealt with by Travel Arbitration. If your claim is solely for flight delays this scheme does not apply, they are dealt with by other providers approved by the Civil Aviation Authority (CAA) specifically to deal with flight delays.

What happens if I win or if I lose?
If you win the travel company will send you the money they owe you directly. Payment is due within 21 days from the date the award is issued, unless either party has approached Hunt ADR (within 14 days of the Award being issued) asking for an Appeal. If you do not receive payment within 21 days, then you should, in the first instance, contact the travel company (and ABTA where the travel company is a member of ABTA).

If you lose or you’re awarded less than, or the same as, an amount that was previously offered to you by the travel company, you’ll be ordered to pay a further amount to the travel company, which will be less than or equal to the sum you paid as a registration fee – but no more than that. For example, if the travel company offers you £500 and you decline the offer, and then the Arbitrator awards you £400, you will have to pay the equivalent of your registration fee back to the travel company. The Arbitrator does have the power to deduct any sum from what has been awarded. You are also responsible for the cost of making your case (e.g. photocopying, postage, etc.).

How does the Arbitrator decide the case?
The Arbitrator decides the case purely on the arguments and evidence presented by the parties. You must prove your case on the balance of probability to the satisfaction of the Arbitrator.

The Arbitrator assesses the evidence and analyses the terms of the contract, which have been agreed to by you and the travel company when the booking was made. The Arbitrator specifically looks for a proven breach of this contract.

The Arbitrator is restricted to consideration of the documents and evidence submitted and cannot award more than has been claimed. You must therefore make every point and submit all supporting evidence that you consider relevant. You must also retrieve and submit any documents sent previously to any other body and upon which you intend to rely.

Do I need to prove my claim or does the Respondent have to prove I am wrong?
The burden of proof is on you, as it would be in court, and in order to prove your claim you should submit all the evidence that you feel supports it. Your claim should be set out in date order, listing the events which have led to the claim, and referring to each supporting document in respect of each allegation.
Do not exaggerate the claim, if you are unable to produce evidence to prove any aspect of the claim, consider whether that part should be included or what justifies it. Exaggeration may undermine the credibility of your evidence.

How long will it be before I know the outcome?
You should expect to hear the outcome within 8 – 12 weeks from the date that the application for arbitration was received by Hunt ADR.

Can the Arbitrator or Hunt ADR advise me on my case?
No. The Arbitrator and Hunt ADR are impartial and cannot act as a consultant or adviser to either party. Hunt ADR can only advise you on procedural matters. If necessary, advice should be sought from a solicitor or Citizens Advice Bureau.

Do I need legal representation?
No, but you can choose to have legal representation if you want to. Arbitrators do not expect you to have legal representation, though you may choose to have it, at your own cost. This is your right. Please remember that your legal costs cannot be reclaimed, even if you win.

If my claim is unsuccessful, what can I do next?
There are only two routes for challenge against the award

• you can appeal through the High Court, within 28 days of receiving the award; or

• you can request an appeal under the Travel Arbitration Scheme Appeals Procedure. Details of this procedure are supplied by ABTA / the travel company when they send you details about the scheme. Any application for appeal must be made to Hunt ADR within 14 days of receiving the award.

These deadlines are strictly enforced (we have no power to extend them in any circumstances) and if you do not apply in time, you will lose the right of appeal. There is no other way to challenge the award. You may not like an award (the amount awarded) but remember that does not mean that the award is wrong in law.

Appeals will normally require evidence of a serious error in law or misconduct on the part of the arbitrator. In order to have an appeal considered by the High Court, you may need to instruct a solicitor.

Can I share my Award or the outcome with media, or go to them during the arbitration process?
In simple terms, the Rules of the scheme include a confidentiality clause at Rule 6. Arbitration is a legal process, the rules which you and the other party have entered in to (in your case, voluntarily) state that the matter must be treated as confidential, and if that confidentiality is breached then the ABTA Member / travel company / Hunt ADR could seek legal remedy.

Therefore, you should exercise caution if you are considering making the contents of an award or your case public.

Ultimately, you enter in to this process subject to the Rules and if you prefer to run the complaint through the media, that is inconsistent with the arbitration process you and the other party have agreed to enter in to. If the media report your case before the arbitration is completed then any arbitrator appointed may see the coverage and possibly, as a result, could not take on the appointment as it could prejudice their view and the arbitration process.

We will not engage with media enquiries about the running of this scheme.

Policy on Abusive Users
We would like to start by explaining that we will not tolerate abusive actions towards our staff. We are not obliged to work with people who are abusive to us. We are not a holiday company, we are not ABTA, we are not a regulator or a public service provider. Our role is to provide independent arbitration services once we have received and accepted a valid application for arbitration. We reserve the right to refuse to accept an application and we will not deal with anyone who is abusive or uses foul or threatening language either verbally or in writing.

How do I complain about something you have done?
Our complaints procedure sets out how to complain and what you can complain to us about – see Travel Arbitration Complaints Procedure. Please note when considering making a complaint that we can only deal with service complaints. We have no legal right to amend an award, and it may be that your only recourse if you want to have the award changed is to appeal (see If my claim is unsuccessful, what can I do next? above).

Can I have an extension for Bank Holidays, Christmas and / or Easter periods?
In accordance with protocols followed by ABTA / travel companies, we allow extensions over the Easter period to incorporate the relevant bank holidays (e.g. Good Friday and Easter Monday). Other requests for extensions over this period, including but not limited to staff absence, will not qualify as exceptional circumstances. The same rule is applied to all. Christmas and New Year closures will be confirmed later in the year. Any submissions due when the offices are closed during that period will instead automatically be due on or before 5th January 2025.

Can I have an extension due to COVID-19?*
We are no longer providing automatic extensions for COVID-19 related delays and will deal with applications for extensions on a case by case basis.

Travel Arbitration v The Courts – Why Arbitration Should Be Your First Choice for Dispute Resolution

We all go on holiday to relax or just enjoy a break with friends and family, so when the experience does not match up with what was booked, we may want to claim compensation. It is not enough for the holiday to have been a disappointment for a claim to be successful, it is essential to show that the travel company is in breach of contract, but choosing the right way of resolving the dispute can be crucial.

Going to court is always an option, but Travel Arbitration through Hunt ADR, offers a far more cost-effective, efficient, and user-friendly solution. Like a judge in court, the arbitrator is completely independent of the travel company and reaches his decision based on the evidence which the parties want him to consider, and nothing else.

This guide will show you why arbitration should be your number one choice.

Let's explore why arbitration is superior to the traditional court process.

Travel Arbitration: The Smart Choice for Claims Up to £25,000
Travel Arbitration is designed to resolve disputes quickly and affordably, making it the best option for claimants who want to avoid the high costs and long delays associated with the court system.

Affordable Costs
One of the most significant advantages of Travel Arbitration is affordability – it only costs £150 to initiate your claim.

If you win your claim the travel company is ordered by the arbitrator to reimburse your £150 fee, plus you receive whatever amount is due to you in the award.

If you lose your claim you will need to pay £150 to the travel company, so your maximum exposure is £300. If you are awarded something in excess of £150 by the arbitrator then the fee will be deducted from it, so you don’t have to physically hand over any money.

Quick and Efficient Resolution
Time is often of the essence in disputes, and Travel Arbitration delivers results far quicker than traditional court proceedings:

- Speed: Arbitration Awards are typically published within 16 weeks of making an application. In contrast, the average time for a small claims case to reach a resolution in the UK courts is approximately 51.4 weeks (nearly a year). Fast track claims can take even longer, often around 74 weeks (more than a year).

- Simplicity: The process is automated through our specially designed and streamlined on-line application process, avoiding the procedural complexities that often slow down court cases. Most people can manage this very well without having to ask lawyers to help with the process.

This means you can resolve your dispute and move on with your life much faster, avoiding the prolonged stress and financial burden that comes with court delays.

High Success Rate
Although there is no guarantee that an arbitrator will inevitably find in favour of a holiday maker, the statistical record over many years shows that approximately 70% of Customers succeed with their claims in Travel Arbitration*. This high success rate, combined with the cost and time savings, makes arbitration the most advantageous route for resolving disputes.

Court Costs vs. Arbitration Costs: The Clear Winner
When we compare arbitration directly with the court process, using as an example, the average claim of £3,500, arbitration emerges as the clear winner.

Court Costs
If a claim of this level was taken to court, it can quickly become expensive and unpredictable:

- Filing a Claim: Costs £115 for a £3,500 claim and £455 for claims over £10,000.

- Hearing Fee: Adds another £181 for a £3,500 claim and £545 for larger claims.

- Total Costs: For a claim of £3,500, court costs could range from £296 to £636.

For claims over £10,000, expect to pay around £1,000 or more.

In addition to these costs, you must also consider the time investment and the potential delays, which can extend the process by months or even years. So, even if you win at court, you could be faced with higher costs, and it will take much longer to receive anything due to you.

Travel Arbitration Costs
In contrast, Travel Arbitration keeps things simple:

- Fixed Low Costs: Your maximum outlay is even if £300 if you lose, which is far lower than court costs.

- Guaranteed Reimbursement: If you win, you get your £150 fee back, plus any awarded compensation.

When comparing costs, arbitration clearly provides a more affordable and less risky option.

Appeals: A Clear Advantage in Arbitration
In very rare cases, arbitrators and judges can go wrong – they are after all human - but sorting out bad decisions is considerably more straightforward using Travel Arbitration.

In the rare event that you might need to appeal a decision:

Arbitration Appeals

- Cost: Appealing under Travel Arbitration costs £420.

- Speed: The appeal process is completed within 28 days, ensuring a swift resolution.

- Grounds for Appeal: Appeals can be made if you are able to show that the award is one that no arbitrator should have reasonably reached based on the information provided.

Court Appeals
- Cost: Appeals in court can be prohibitively expensive, with costs easily reaching into the tens of thousands of pounds.

- Time: Court appeals can take months or even years, adding significant delay and uncertainty.

Why Travel Arbitration Should Be Your First Choice
Choosing Travel Arbitration over court proceedings is a decision that can save you time, money, and stress. With low fixed costs, a quick and efficient process, a higher likelihood of success, and an affordable appeal option, arbitration stands out as the clear winner for resolving disputes up to £25,000.

Travel Arbitration through Hunt ADR is not just an alternative, it’s the best option for handling disputes with travel companies. Its affordability, efficiency, and fairness make it the number one choice for customers seeking a resolution without the burdens of the traditional court system.

Choosing arbitration means choosing a process designed to work for you, not against you.

*A review of 11 random awards in August 2024 showed that 8 out of 11 awards were found in favour of the claimant, a win ratio of 72%.

Travel disputes can be daunting, but the UK’s robust Travel Arbitration system provides an efficient way to resolve them. Here’s what you need to know:

Introduction to Travel Arbitration

Travel Arbitration is an independent arbitration scheme operated by Hunt ADR. It offers an alternative to court proceedings for resolving consumer travel-related disputes. It includes members of ABTA (The Travel Association), ensuring a more cost-effective and timely resolution.

The Role of ABTA and Hunt ADR

ABTA is the UK’s leading travel association. It oversees travel agencies and tour operators. Hunt ADR operate Travel Arbitration, providing neutral and independent arbitrators to make binding decisions.

The Arbitration Process

Here’s how it typically works:

Application: You can apply for arbitration within 18 months of your return journey if negotiations with the travel company stall.

Evidence Submission: Both parties submit relevant documents and evidence which is then considered by the arbitrator.

Arbitrator’s Decision: An arbitrator reviews the evidence and renders a decision, known as an Award.

Outcome: The Award is legally binding, though an appeal may be possible in specific circumstances.

Cost Comparison: Travel Arbitration vs. Small Claims Court

The choice between arbitration and the small claims court can significantly impact both the time and money invested in the resolution process. Let’s take a look at the costs involved in both options to better understand the financial considerations.

Travel Arbitration Costs

In the Travel Arbitration process, the fee you initially pay is £150 for claims up to the scheme limit of £25,000. 

If you lose the arbitration you will have to reimburse the travel company the equivalent amount that you paid to register your case with Travel Arbitration. That means in around 30% of cases the cost would be £300, though often the second £150 is deducted from the Award and not physically paid over.

However, if you win your claim, as c. 70% of consumers do, then you will be reimbursed your registration fee by the travel company, meaning that you will have undertaken arbitration for free.

Small Claims Court Costs

For a full comparison of how the costs of arbitration and the courts differ, please see "Arbitration or the Court? The Costs Explained" in the section above this one.

Travel Arbitration is a more cost-effective solution compared to the small claims court. The initial fixed fee of £150 ensures transparency and affordability, especially for smaller claims – and remember, if you win you get your money back.

While both Travel Arbitration and the small claims court aim to resolve disputes efficiently, the cost difference can be substantial. It is crucial to weigh these factors when deciding on the best course of action for your specific situation.

Special Considerations for Certain Companies

Companies like Love Holidays, On the Beach, and Southall Travel operate outside of ABTA membership. Individual company rules apply.

Appeals and Challenges

Appeal Process: If you disagree with the Award, specific appeal procedures are in place, subject to strict timelines.

High Court Option: You may also appeal to the High Court, though this process can be more complex and very expensive.

Timeline

Expect the process to take 2 to 3 months from application receipt to publication of the award.  Sometimes there are delays. For example, there were significant delays following the end of the COVID pandemic due to a huge increase in claims over a very small period of time.

This is significantly quicker than the small claims court, which, as report by The Justice Committee in 2022, on average takes 12 months (51.4 weeks) to complete.  This varies depending on your location, but even the the quickest average (Wales at just under 8 months) is still more twice as long as an average than going to Travel Arbitration.  In London the average time is 17 months – just under a year and a half!

Conclusion

Travel Arbitration provides an accessible, transparent, and fair method for consumers to resolve travel disputes. Whether you’re dealing with breaches of contract, injury or illness, or other travel-related issues, Travel Arbitration offers a viable alternative to time-consuming and costly court proceedings. It’s a significant part of the UK’s consumer protection landscape and is one of the longest established and most well used consumer arbitration schemes in the world.

For more help and guidance please visit our regularly updated FAQs page.