Nightmare holiday, wish to complain....

ammonite

...just got back from a nightmare holiday! I (and nearly every other holidaymaker) made a formal complaint about safety issues, sewage and floods before we left our holiday destination but where do we go now?

After speaking to others I know they will 100% offer us some compensation, but nothing shy of a full weeks refund will be good enough for me (holiday was for 2 weeks) it was really that bad.

Do we contact our travel agent? After sales team? Watchdog?

What should we/shouldn't we do? Never been in this situation before and would be glad of any advice (informal legal advice if anyone knows anything too) of how to proceed.

The holiday was not fit for purpose, significantly not as described and despite airing our concerns before we went, the company assured us everything was now OK (we saw a letter from head office before travelling), it really wasn't OK!

Any advice much appreciated! :A

apt

If it was a package holiday complain to the complaints dept of the tour operator. It's obligations to you are set out here. http://www.opsi.gov.uk/si/si1992/uksi_19923288_en_1.htm

Alan_Bowen

You should start when you began, with the agent. Talk to him and explain the problems, assuimg this was a package holiday he should write to the operator on your behalf or at least support a letter you write. You have a legal obligation to complain on the spot, did you speak to the operators representative and ask to be moved, if not then you will have diffculties now? You suggest there was some advice from the operator before departure, were they warning of building works? If so, depending on how bad they were they should have offered alternative accommodation although at this time of the year, that may not be easy

poet123

You need to document every conversation you have had to date in detail.

Visit the agent and document their response. Then draft a letter of complaint to the tour operator, explain in detail the issues, and spell out what you want as a compensatory offer. Await the response, if not satisfactory, write again re stating your issues, calmly and politely, at this stage inform them that you intend to take out a summons in the small claim court for breach of contract, loss of enjoyment and associated expenses (if applicable) give them seven days to respond and then take the action.

Prior to the summons being issued do not give them details of any supporting evidence, which could be statements from other holidaymakers(you can support their cases too) reviews from TA, photographs (these are particularly important evidencially)an entry from the travel agents Gazeteer (this shows what you had expected from the hotel)

ETA you may wish to name the hotel/operator as others here may have had a similar expereince.

Good luck.,

DCFC79

Where was it you went so other people could be warned

Ilovesnorkelling

We were in a similar position a few years ago. Prepare for a battle because getting money back from travel companies is a long and drawn out process. I am sure that they work on the assumption that most people give up and settle for a lesser amount in the end because they get fed up with travel agents playing the numbers game and holding back a reasonable settlement for as long as they possibly can.

I am not an expert, but I was successful in getting a substantial amount of money back after a disastrous trip to Sharm. Firstly, I would recommend that you check out the 1992 Package Travel Regulations to familiarise yourself with your legal rights and give you some confidence. Also to confirm who your contract is with and who is therefore responsible – i.e. any agent that arranges more than one thing for you, e.g. plane and hotel - i.e. the company you paid your money to). I have no doubt that they will try to pass the buck, but at the end of the day, they took your money and they have a duty of care to you.

Secondly, it helps to back up your grievances with photographic/video evidence and other people with the same grievances’ statements.

You want a full refund, so ask for it, plus compensation for inconvenience, distress and disappointment.

This is the way it works. The company that took your money has a duty of care to provide what they say they will. If they are negligent in this and you then suffer as a result, you have a legal claim against them. Your claim then falls into three parts: loss of enjoyment; distress and disappointment and additional expenses incurred (if any).

So, if I were you, I would make a report describing events as they happened, from the day you booked your holiday, your reservations before you went, denied by the company but which turned out to be substantiated when you arrived and refer to and include copies of any documentation you received from them. Then report what happened when you arrived, all of your grievances and what was done to rectify them (if anything). Emphasise the negative parts, especially the safety issues. Include photos/videos/ witness statements or give details of other people in the same position as you.

Then write a covering letter stating that you are seeking a full refund, plus compensation for disappointment and distress. I started our letter

‘Please take this letter as a formal complaint, within the time frame as set out in our contract. I am sending it to you by recorded delivery. The members of our party were……’

Conclude that in line with package travel regs. , they have 28 days to respond to your letter and if not, you will take legal action. They’ll probably send you a letter saying they are looking into the matter. They may offer a small amount of compensation - it is up to you how far you want to take the complaint and what you finally accept ‘in full and final settlement’.

Remember that in a court situation, it is always wise better to have been seen to be reasonable and to have given them a reasonable opportunity to put things right.
Finally, we always sent our letters recorded delivery and kept copies of everything. I have a whole folder of correspondence which I kept, just in case………!

Hope this helps. Good Luck!!

bagand96

ABTA give good advice on the process to follow:

http://www.abta.com/consumer-services/travel_problems

Also helps if you've followed that process if you wish to get them involved at some point.

ammonite

Really great advice from you guys thanks so much. I lost this thread but have just managed to find it! It was the Thomson Dream cruise ship. More of a nightmare! Google the ships name and you will see nothing but poor reviews. Its really hit and miss as some weeeks are worse than others but we received a letter before we went to assure us everything was fine - it absolutely was not!

poet123

ammonite wrote: »

Really great advice from you guys thanks so much. I lost this thread but have just managed to find it! It was the Thomson Dream cruise ship. More of a nightmare! Google the ships name and you will see nothing but poor reviews. Its really hit and miss as some weeeks are worse than others but we received a letter before we went to assure us everything was fine - it absolutely was not!

I read those reviews prior to booking a cruise earlier this year, and have to say it sounds horrific. I think Thomson cruises are very much an acquired taste, and if you have cruised with another operator it is unlikely to match your expectation.

Good luck with you rclaim.