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    • empireoftheclouds
    • By empireoftheclouds 17th Jun 17, 2:58 PM
    • 3Posts
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    empireoftheclouds
    Small Claims Court for Holiday Refund Help
    • #1
    • 17th Jun 17, 2:58 PM
    Small Claims Court for Holiday Refund Help 17th Jun 17 at 2:58 PM
    Hi Everyone

    My first time posting here! Just looking for some advice regarding a holiday myself and 2 friends went on in November last year. We are looking to take the company to small claims courts for a refund on the holiday. We were offered literally a few Euros each as compensation while away which we rejected and said we would be looking to complain and take the matter further upon our return.

    I have essentially been told to go away by the holiday company, and then taken the complaint through ABTA where we were told their position had not changed. I have enquired through section 75 as it was paid for with a credit card but was told that as the company act as a 'third party' who act as an intermediary between the card company and the hotel it is not a valid 'debtor-creditor-supplier' agreement, and thus nothing can be done through sec 75.

    I'm now looking at small claims courts to get a refund but I've not had any experience with the whole system of it all!

    I have a lot of photo and video evidence to support our claim, screenshots of identical complaints from Trip Advisor, and I have sent the videos to an ITN production company currently filming a TV program exposing this company as these events seem to happen very frequently. The same company has been awarded the 'wooden spoon' award by the Daily Mail, who have also written an article recently about the lack of compensation and the disgusting behavior of the holiday company.

    I can go into greater detail over the matter here if it would help, our holiday was ruined by major building works. I literally cannot emphasis major here. Were talking diggers, jackhammers, and acro-props holding the building up. They were even cutting the metal fire escape to pieces and welding new sections in above our heads at the pool.

    The verdict from ABTA was either to go to small claims or to go through ABTA arbitration. I am hesitant over going further through ABTA as i know one of the managing directors of the holiday company sits on the ABTA board, so i don't believe any decision will be impartial.

    Just wondering if anyone has an idea of whether this kind of complaint is successful through small claims, as looking through the guide on here it could become expensive!

    Many thanks for any help
Page 1
    • mije1983
    • By mije1983 17th Jun 17, 3:44 PM
    • 2,506 Posts
    • 18,275 Thanks
    mije1983
    • #2
    • 17th Jun 17, 3:44 PM
    • #2
    • 17th Jun 17, 3:44 PM
    How much was the holiday as this will have a bearing on how much it costs you to raise a claim? How much did they offer you in compensation?

    How much earlier did you end up travelling home compared to when you had planned to (and paid for)?

    If you have reached deadlock with ABTA, then your only options are their (supposedly) independant arbitration scheme whose decision is binding, or as you say SCC.

    Without seeing all the evidence from both sides, it's difficult to see how strong your case is.

    • angryparcel
    • By angryparcel 17th Jun 17, 4:48 PM
    • 910 Posts
    • 516 Thanks
    angryparcel
    • #3
    • 17th Jun 17, 4:48 PM
    • #3
    • 17th Jun 17, 4:48 PM
    screenshots of identical complaints from Trip Advisor, and I have sent the videos to an ITN production company currently filming a TV program exposing this company as these events seem to happen very frequently.
    I dont these will stand up as evidence
    • empireoftheclouds
    • By empireoftheclouds 17th Jun 17, 5:13 PM
    • 3 Posts
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    empireoftheclouds
    • #4
    • 17th Jun 17, 5:13 PM
    • #4
    • 17th Jun 17, 5:13 PM
    Full price of the holiday was 1167 quid. We were offered about 50 pounds each in compensation or an upgrade to our all-inclusive deal.

    We were told we could not leave early, and no alternative accomodation was offered.

    Neither of these seemed appropriate considering the disruption going on and the fact that half of the communal areas of the hotel were taped off and very few of the things advertised were accessible due to the works going on. Im not kidding when i say that noise and vibration of the kango digger could be heard and felt throughout the hotel. They were welding the fire escape together and no signs were anywhere warning people of this! There were entire sections of it missing!

    Staff informed us that the company (am i allowed to name them?!) were informed and forced them to open. Another company that sends people there had decided not to send thier clients there.

    They were removing structural concrete right down to the dpm layer with a kango digger, and during a heavy rainstorm this led to flooding inside the hotel, bin bags were wrapped around the wall mounted tv's and dust sheets were put up to stop people entering areas where literally the ceiling was falling down. I'm unable to attach a picture as far as i can see but i assure you that the 'entertainment room' where as advertised the resident band, disco and all evening entertainment was supposed to be scheduled was a health and safety no-no. There were hanging electrical wiring, acro-props holding the place up and the fact that this area was not even locked to prevent people entering and potentially having an accident.

    You should have seen the look on the poor reps face as she held the 'morning meeting' while peoples chairs were vibrating around the room!
    • empireoftheclouds
    • By empireoftheclouds 17th Jun 17, 5:19 PM
    • 3 Posts
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    empireoftheclouds
    • #5
    • 17th Jun 17, 5:19 PM
    • #5
    • 17th Jun 17, 5:19 PM
    This is a blog from a chap ive been speaking to who went to the resort the week after we did

    keithpp.wordpress.com/2016/11/26/hotel-be-live-tenerife-building-site/
    • shaun from Africa
    • By shaun from Africa 17th Jun 17, 6:39 PM
    • 9,283 Posts
    • 10,440 Thanks
    shaun from Africa
    • #6
    • 17th Jun 17, 6:39 PM
    • #6
    • 17th Jun 17, 6:39 PM
    I have a lot of photo and video evidence to support our claim, screenshots of identical complaints from Trip Advisor, and I have sent the videos to an ITN production company currently filming a TV program exposing this company as these events seem to happen very frequently.
    Originally posted by empireoftheclouds
    I dont these will stand up as evidence
    Originally posted by angryparcel
    They may well be accepted as evidence by the court if the earlier reviews mentioned the same problems encountered by the OP and the judge thinks that those earlier reviews meant that the holiday company was or should have been aware of the problems and failed to advise potential customers of the on-going building works.
    • bris
    • By bris 18th Jun 17, 12:21 PM
    • 6,650 Posts
    • 5,695 Thanks
    bris
    • #7
    • 18th Jun 17, 12:21 PM
    • #7
    • 18th Jun 17, 12:21 PM
    You can't get a full refund as you stayed put when no alternative was offered. You could have left, found somewhere else or returned home.


    If you found somewhere else that was reasonable and on par with what you booked in the first place this could be claimed as a consequential loss.


    As it stands your may very well be able to claim for loss of enjoyment which is your only option. A full refund no, but there is a good case for a decent percentage back.
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