Has the initial deadline passed without any response or payment? To be able to charge First Choice for the costs of further legal steps (such as a solicitor, debt collection or lawsuit), you must formally place the provider in default. Use our free generator for your final demand (Letter Before Action).
Did you know? If you book travel services (flights, hotels, rental cars) with certain premium credit cards, you can often simply claim your money back in the event of a refused refund via the so-called Chargeback scheme (or Section 75) through your bank, without having to argue endlessly with customer service.
Compare the best (free) travel credit cardsAnyone who demands a refund from a company like First Choice after a cancelled trip, a massive flight delay or serious defects often encounters a wall of silence. Automated replies, stringing customers along and endless processing times are unfortunately common practice in the travel industry. This is exactly where the instrument of the final demand and placing in default (Letter Before Action) comes into play.
Regardless of whether your contract is governed by UK law (Consumer Rights Act, UK261), EU law (such as the Passenger Rights Regulation 261/2004 or the Package Travel Directive), or US contractual law (Breach of Contract): The basic principles of civil law are internationally very similar. Before you can escalate further legal steps, you must set the debtor a formal and final extended deadline (internationally often referred to as a Notice of Default or Letter Before Action).
Once this final deadline expires, the so-called debtor's default occurs. From this moment on, First Choice is legally responsible for the delay.
The most important reason for a verifiable, written final demand is the assumption of subsequent costs. As long as a company is not in default, you often have to bear the costs for a retained solicitor or a debt collection agency yourself. However, if the provider is in default, legal and court costs generally constitute recoverable damages caused by the delay. The opposing party must then not only settle your original claim, but also the fees of your legal representation.
Should First Choice also fail to respond to this final demand, you have the option in many Western countries to appeal to free Alternative Dispute Resolution (ADR) schemes. In the UK, for example, this is managed by bodies like the CAA (Civil Aviation Authority) or specific Ombudsman services; in Germany by the SÖP, and in the US by the Department of Transportation (DOT). A copy of your sent final demand is usually a mandatory requirement to open a case here, as it proves that you have attempted an amicable settlement beforehand.
Tip: First Choice specialises in own-brand, all-inclusive resort hotels. Where the fault occurred at a First Choice-branded hotel, responsibility is usually easier to pin down clearly on the operator, which can make enforcement more straightforward than with an independent partner hotel. Because First Choice and its resort hotels are commercially linked, disputes at own-brand properties are often resolved more quickly than with unrelated partner hotels.
A blanket dismissal as “not significant” isn't legally sufficient — the operator must explain specifically why the fault you're complaining about didn't reduce the value of your holiday. Ask for a detailed response addressing your specific case, and point to your photos and evidence as counter-proof.
Yes. Claims arising from a package holiday contract are generally subject to the standard six-year limitation period under the Limitation Act 1980 (five years in Scotland), running from the date the holiday was due to end. Even so, complain as soon as possible after your return, since evidence such as photos and witness statements becomes harder to rely on over time.
No. For a clearly justified price reduction, a well-documented letter before action with a reasonable deadline is often enough. It's only worth consulting a travel solicitor, or referring the matter to ABTA's Arbitration Scheme, if First Choice rejects your claim without good reason or the case involves higher sums or more complex issues.
In order to be able to prove in case of doubt that First Choice has received the demand, you should not rely solely on contact forms or e-mails. Ideally, send the generated document via Signed For / Recorded Delivery (or "Registered Mail" for international shipping). Keep the proof of postage and a printout of the letter in a safe place.
Our guides and generators are based on the strict evaluation of current regulations (like UK261 / EU261), court rulings, and national travel law.
They are developed by Marc (Project Lead) & team to enable travellers to securely enforce their rights against airlines and tour operators.
Important notice: Our tools offer self-help assistance for flight delays, hotel defects, or train cancellations. They do not replace individual legal advice from a solicitor.
Problem with your flight, train, or hotel?
Fix-My-Trip checks your claim for compensation, ticket refund, or travel price reduction in just a few steps.
A service by Fix my Trip.
💡 Spotted an error in the tool? Since we, as an automated portal, do not provide individual legal advice, it helps us enormously if you report bugs or outdated providers: Send feedback to our headquarters.
Whether it's a flight delay, hotel defect, or roaming trap – our experts have prepared the right guide and template letters for almost every travel niche.