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holiday complaint, holidaygems stonewalling me..

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i went on holiday to egypt last october with my daughter and grandaughter, when we got there the hotel had not been paid for, even though the holiday was paid in full 5 months earlier. the hotel refused to give us a room untill i had handed over my debit card (i dont have a credit card) so they could get there money if i could not get the holiday company to pay up.
The contact number in resort would not answer and i had to call the uk holiday company for advise. Tthey could not do anything at that time and promised it would be sorted the next day. The hotel had no sympathy and clearly stated that no payment,no room. I had no choice but to give the hotel my card details but unknown to them i had not got the money in the account to pay for the hotel but they promised no money would be debited until the end of the holiday giving the holiday company time to pay up and if they had not recieved payment then they would debit the full cost of the stay.
The next day and for every day for 5 out of 7 i had constant calls back and forth to the uk with the holiday company and the contract company that they used to book the hotel to get someone to pay for the hotel that had been booked and paid for by me 5 months previously. I used all my holiday spending money to top up my mobile and i have documented evidence in a mobile phone bill that all the calls cost me £152. I had to pay for made and recieved calls and my bill as you do when you are abroad. Every day for 5 days we were locked out of our room because the hotel had not recieved payment resulting in having to go back to reception and update them on where the payment was for the room we had and to then call back to the uk to ask them why for another day had it not been paid and we had been locked out of our room and not able to access our belongings.(by locked out i mean we had an electronic card which they only activated for 24 hours at a time, after that it would not unlock the hotel room door)
i complained and sent documented evidence of every call and event that happened on a daily basis and the destaught we went through for 5 days because i had no idea what the egyption hotel would do if at the end of the holiday when they tried to debit the card and found that there was not enough funds to cover the cost. I had my daughter and 5year old grandaughter with me. This was a special holiday as i had saved for over a year so we could all go away together and had booked it at this date as it was my granddaughters 5th birthday whilst away and 1st holiday abroad and i had gone 2 years in remission from cancer. we were so looking forward to a holiday for both these reasons and to spend 5 days with not knowing if we were going to be able to ever leave egypt if the holiday company had not paidand i could'nt was so traumatising. After only3 days i was praying to that i could get my daughter and granddaughter home safe and sound.
I recieved notification that they had recived this complaint in november but since then nothing i have sent another recorded letter in february and made and documented 3 calls and the company are just ignoring me and not responding to what i have complained about. I have names of both of the people i spoke to from there companies and whilst talking to them while i was abroad both were appologetic and constantly informed me my mobile bill would be refunded as this was there problem and my mobile bill documenting there phone numbers and cost per call both to and from my mobile.
At the least my mobile bill should be compensated and with several daily trauma's that are to much to list on here that happened that was listed in the original complaint i feel some additional compensation should be recieved for that as well as the cost of recorded letters and calls what do you think i should do now. The holiday company which is a large company is not abta listed but atol if that is any difference. Any advise would be gratefully recieved.
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Comments

  • pimento
    pimento Posts: 6,243 Forumite
    Part of the Furniture 1,000 Posts
    If nothing else, you should name them here.
    "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pimento wrote: »
    If nothing else, you should name them here.
    holiday complaint, holidaygems stonewalling me..
  • pimento
    pimento Posts: 6,243 Forumite
    Part of the Furniture 1,000 Posts
    Doh! :(:)
    "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair
  • RuthnJasper
    RuthnJasper Posts: 4,032 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    If the company is registered with ATOL (Air Travel Organisers' Licence) then they may be able to help you, although I've just had a quick squint at their website and couldn't find Holidaygems (or Holiday Gems) listed.

    I would advise making a complaint, in writing, with copies (not originals) of your evidence and also copy-in the travel firm. Before going down that route, though, you could try 'phoning the ATOL Consumer Advice Line on 020 7453 6424, to make sure that your travel firm IS listed with them - otherwise they won't be albe to help.

    On a personal note, I wouldn't advise travelling abroad with any company who isn't ABTA (The Travel Association - formerly, I believe, the Association of British Travel Agents)-registered.

    Joanne1505 - I'm sorry that your holiday wasn't a happy one, hope your complaint gets a positive response. Good luck. x

    P.S. You might find this of interest: http://www.holidaytruths.co.uk/viewtopic.php?f=43&t=123804
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    Given the companies intransigence in dealing with your claim, I would be thinking about legal action.

    Holiday contracts are a little unusual in that you can actually claim damages for non pecuniary loss as opposed to the normal contact where you claim for specific financial loss.

    It is always difficult to know how a judge would see it and the award he/she would make but given your story I would think at the very least 50% of the total cost of the holiday if not 100% and possibly a award to cover your costs and your distress and disappointment

    You can start small claims action easy enough just write a letter before action giving the 14 days to sort it or try get a free half hour with a local solicitor for advice. Your local CAB will probably have a list.
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
  • isplumm
    isplumm Posts: 2,215 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Hi,

    I would agree with Optimist - start legal action - go to holidaytruths.co.uk & check out their complaint forum. They have a solictor who might be able to help.

    Mark
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • joanne1505
    joanne1505 Posts: 5 Forumite
    I am now in the process of sending them a letter before action as advised by a legal representative, and further to that i am going to take it to court, which should be interesting as i have so much evidence about them.

    I have also discovered that although they show the ATOL Protection badge on there sight after some checking they are not listed as ATOL members. So it looks like we are not coveredby this. They state on there website that they are a fully bonded member of The global travel group, on looking at their ATOL status they list a few companies that trade under them but HOLIDAY GEMS is not listed. So where does that leave holiday makers. Another thing that will be brought up in court should i need to attend.
    I have asked for 75% of what i paid for this holiday plus additional costs of my mobile bill as 5 full days were ruined. Do you think i am being a little ambitious with this amount ?
  • globetraveller
    globetraveller Posts: 2,249 Forumite
    Part of the Furniture Combo Breaker
    I see you have found the holidaytruths threads on the same company. Good luck. Did you notice that the glowing reports on the main thread were only from "newbies". I wouldn't touch them with a bargepole.
    http://www.holidaytruths.co.uk/viewtopic.php?f=43&t=123804&start=140
    weight loss target 23lbs/49lb
  • chloo
    chloo Posts: 287 Forumite
    why oh why do people book over the internet their are 2 main companies who trade on the high street they PRICE MATCH!! your not getting a bargin your getting a load of hassle. im sorry your holiday sucked and i hope you get it fixed next time pop into your local travel agents!
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    chloo wrote: »
    why oh why do people book over the internet their are 2 main companies who trade on the high street they PRICE MATCH!! your not getting a bargin your getting a load of hassle. im sorry your holiday sucked and i hope you get it fixed next time pop into your local travel agents!

    High street TA's will only pricematch within reason. Each time I book a holiday (I have five a year, so booking is a regular occurrence) I check whether I can get a pricematch. They have agreed once. The other times they have said that the difference would be too much.

    (Edit: Seems you are a travel agent - I guess you're fed up of being undercut? :p )
    Gone ... or have I?
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