Ripped off on holiday - advice needed!

Ewanjp

Hi everyone,

Need some advice. Myself and 16 of my friends have just returned from a mountain bike holiday in the French alps. Whilst we had a great time we didn't receive the holiday that we paid for…

As some of you may know, if you're doing mountain biking in a place you don't know you'll need guiding, to this end we looked around until we found a company that said they could cope with a group of our size. We then paid a total of nearly 8000 pounds and waited with mounting anticipation for July to come round. Once we arrived at the chateau in Switzerland we quickly found that the promised number of guides were not available (in fact, it initially looked like we would get no guides at all); obviously we were a bit miffed as we could have booked a chalet for (much!) less than what we'd paid for if we’d not wanted the benefit of local knowledge. After kicking off for a bit at the company (or rather the hotel owner - we didn't see anyone from the company all holiday) we were supplied with one guide for a group of 17. This isn't (remotely) practical so a couple of us who vaguely knew the area also acted as guides for the week - this obviously had a rather detrimental effect on those peoples holiday.

We've since returned and politely asked the company for an explanation and some money back, pointing out that we had stressed the size of our group before booking and had been assured in writing that we would have a minimum of 3 guides.

The company has now replied that the guiding is a 'free service' and did not form part of the package we brought. The company goes on to say that they had planned to have 3 guides but they cut this back for cost reasons and the fact that one of their guides lost their passports. Unfortunately we didn't receive a copy of their terms and conditions (they've not supplied us with one now either!) and we only had their website to go on (and the assurances via email) which states "We offer a unique complimentary guiding service."

To me we're clearly in the right, but they seem to be playing hard ball. We've initially replied to their blanket refusal of compensation (they offered us a discount for text year! The cheek!) stating why we disagree and that we'd accept a token offer of 50 pounds per person.

Assuming that they turn this down as well, I guess the next step would be the small claims court, of which I have no experience.

Does anyone think this is likely to succeed? I guess our evidence would be the website and the emails stating that we would get three guides, together with statements from ourselves saying we did not receive this.

Can 17 of us make a joint claim?

How much should we claim for - we've no basis for the £50 other than that it seems reasonable (in fact, it's cheap!)? We could find out how m uch an alpine guide in another resort would charge for a weeks guiding quite easily.

Thanks for reading the long message, and any advice is greatly appreciated.

Ewan

sturll

Ewanjp wrote: »

Hi everyone,

Need some advice. Myself and 16 of my friends have just returned from a mountain bike holiday in the French alps. Whilst we had a great time we didn't receive the holiday that we paid for…

As some of you may know, if you're doing mountain biking in a place you don't know you'll need guiding, to this end we looked around until we found a company that said they could cope with a group of our size. We then paid a total of nearly 8000 pounds and waited with mounting anticipation for July to come round. Once we arrived at the chateau in Switzerland we quickly found that the promised number of guides were not available (in fact, it initially looked like we would get no guides at all); obviously we were a bit miffed as we could have booked a chalet for (much!) less than what we'd paid for if we’d not wanted the benefit of local knowledge. After kicking off for a bit at the company (or rather the hotel owner - we didn't see anyone from the company all holiday) we were supplied with one guide for a group of 17. This isn't (remotely) practical so a couple of us who vaguely knew the area also acted as guides for the week - this obviously had a rather detrimental effect on those peoples holiday.

We've since returned and politely asked the company for an explanation and some money back, pointing out that we had stressed the size of our group before booking and had been assured in writing that we would have a minimum of 3 guides.

The company has now replied that the guiding is a 'free service' and did not form part of the package we brought. The company goes on to say that they had planned to have 3 guides but they cut this back for cost reasons and the fact that one of their guides lost their passports. Unfortunately we didn't receive a copy of their terms and conditions (they've not supplied us with one now either!) and we only had their website to go on (and the assurances via email) which states "We offer a unique complimentary guiding service."

To me we're clearly in the right, but they seem to be playing hard ball. We've initially replied to their blanket refusal of compensation (they offered us a discount for text year! The cheek!) stating why we disagree and that we'd accept a token offer of 50 pounds per person.

Assuming that they turn this down as well, I guess the next step would be the small claims court, of which I have no experience.

Does anyone think this is likely to succeed? I guess our evidence would be the website and the emails stating that we would get three guides, together with statements from ourselves saying we did not receive this.

Can 17 of us make a joint claim?

How much should we claim for - we've no basis for the £50 other than that it seems reasonable (in fact, it's cheap!)? We could find out how m uch an alpine guide in another resort would charge for a weeks guiding quite easily.

Thanks for reading the long message, and any advice is greatly appreciated.

Ewan

I am very very sorry but i am of the opinion (and am a solicitor) that you should put this down to bad experience and write to the company concerned perhaps threatening legal action and see where this gets you. But should you actually take legal action it will most likely be a costly lengthy process with no real chance of a positive outcome that will compensate you in a way you may be satisfied with.

Since you haven't read their terms and conditions further strengthens their case, however they are liable to provide these to you prior to payment. Nonetheless, you say they 'offer a unique guiding service' well really the word offer is just that. Its not guarantee its offer which indicates to me they have yet another fall back.

Maybe write a review on trip advisor and lodge a complaint with the governing body for travel companies but id really not expect much back in the way of monies.

Oldernotwiser

Is this company a member of ABTA or does it have an ATOL licence?

WillieL

You say that you only had web site info stating "We offer a unique complimentary guiding service." Sorry but to me that means No Charge so doubt you will get very far with them. You could also take meaning as complementing your holiday experience. Though nothing is for free, they just build it into the cost of holiday.

dmg24

It might help if we could see the website?

Ewanjp

Hi everyone,

Thanks for the comments so far. The website is http://www.alpinetracks.com/mountainbiking.html

I had a look and they're not an ABTA member but they are a Travel Trust Assoication member who have a complaints procedure - might be an easier avenue than the courts.

To clarify, whilst the website says they 'offer' guiding. We have an email that states explicitly

"Thanks for your email - group of 20 we'd have 3 guides as a minimum - so not a problem!"

Thanks for the advice so far.

dmg24

Ewanjp wrote: »

Hi everyone,

Thanks for the comments so far. The website is http://www.alpinetracks.com/mountainbiking.html

I had a look and they're not an ABTA member but they are a Travel Trust Assoication member who have a complaints procedure - might be an easier avenue than the courts.

To clarify, whilst the website says they 'offer' guiding. We have an email that states explicitly

"Thanks for your email - group of 20 we'd have 3 guides as a minimum - so not a problem!"

Thanks for the advice so far.

They are part of ATOL.

Ewanjp

Unfortunately, this wasn't a air package holiday - we drove ourselves.

Sam_Bee

CAA / ATOL offers no complaints procedure, barking up the wrong path, they are purely concerned with company offering sufficient financial protection.

Incapuppy

I don't know how you stand legally but imho just because something is described as 'free' or complementary' it doesn't mean that the cost of it hasn't already been factored into the price of the holiday.

You say yourself that you could have booked a much cheaper holiday elsewhere, yet you decided to pay the extra and book with what I would view as a 'specialist'.

I really hope you manage to sort something out.

Reggie_Rebel

"Thanks for your email - group of 20 we'd have 3 guides as a minimum - so not a problem!"

No mention of how many for 17, the size of your group though?