Disappointed Parents

phil_in_swansea

(and the kids are not to blame..)
Hi all. My elderly parents recently booked with Thomas Cook for a fortnight in Benidorm (ironically, due to their age and expiring passports they were planning on it being their last holiday abroad!). On arrival the hotel was next to a building site and there was no rep to be seen for two days. When a rep was found she was unable to help as my parents had been sold a 'flexi holiday' not a package. As a result not only could they not not exchange their room with a lovely view (and dust) of the building site but they also missed out on free trips the reps could otherwise arrange. The paperwork says "Package Holiday-flexible trip" but at no point was the difference indicated or explained to my parents.

I have written to TC expressing my opinion that my parents were actually mis-sold this holiday as neither the 'flexible trips' element nor the building site were highlighted to them.

Can anyone offer a quasi legal opinion on where they stand?

I am seeking compensation for them on these grounds, and I think it is appalling that a 'high street' operator can behave in this manner.

All advice appreciated, Many Thanks,
Phil
:money:

phatbear

I dont see how tc have mis-sold anything, surely your parents are at fault for not asking what a "flexi trip" was? Suffice to say i wouldnt agree on a package deal if i didnt understand the description of the package.

phil_in_swansea

Thanks phatbear your reply is appreciated and it does concern me that legally that may be the position, but my parents are of an age where buying a package holiday from a tour operator should mean that you don't have to read the small print to make sure you are not being sold a pup. At the very least Thomas Cook have behaved deplorably (imo), but 'package' issues aside are travel agents not bound by some code of conduct to inform you if an adjacent hotel is undergoing major reconstruction works?
Regards

Nobjocki

As harsh as this sounds it's hard to have sympathy for an elderly couple who choose to have their last ever foreign holiday - in Benidorm.

And especially a " flexi-holiday. "

I've never heard of a flexi-holiday but I presume it's one of those " hotel assigned on arrival " jobs.

In which case !!!!!! happens.Legal-wise you haven't a leg to stand on.

Sorry to be blunt but I can't see why the holiday company is guilty of anything.

Perhaps you - rather than your elderly parents - should have been organising such a memorable holiday.

erdd2

phil_in_swansea wrote: »

but my parents are of an age where buying a package holiday from a tour operator should mean that you don't have to read the small print

Really? What statute supports this?

jd87

Nobjocki wrote: »

I've never heard of a flexi-holiday but I presume it's one of those " hotel assigned on arrival " jobs.

It's not hotel assigned on arrival. It means that the flight and hotel are sold as two separate things and as long as the company provides both of those things then they have done their job. A flexi holiday doesn't come with a rep or excursions.

It's not a package holiday. A package holiday means you are paying for an entire holiday experience and if you don't like the hotel then they move you. In this case the parents didn't pay for that so they didn't get it.

It's a shame it's become such a minefield, but I expect the OP's parents paid a lot less money than they might have done for a package.

These flexi deals are great for people who know what they are doing, but they're not for elderly people or people who don't understand how the system works.

spiro

jd87 wrote: »

It's not hotel assigned on arrival. It means that the flight and hotel are sold as two separate things and as long as the company provides both of those things then they have done their job. A flexi holiday doesn't come with a rep or excursions.

It's not a package holiday. A package holiday means you are paying for an entire holiday experience and if you don't like the hotel then they move you. In this case the parents didn't pay for that so they didn't get it.

It's a shame it's become such a minefield, but I expect the OP's parents paid a lot less money than they might have done for a package.

These flexi deals are great for people who know what they are doing, but they're not for elderly people or people who don't understand how the system works.

In that case I think the title used on the paperwork "Package Holiday-flexible trip" is misleading by including the words "Package Holiday", why not just call it a "Flexible trip"?

stephb34

phil_in_swansea wrote: »

(and the kids are not to blame..)
Hi all. My elderly parents recently booked with Thomas Cook for a fortnight in Benidorm (ironically, due to their age and expiring passports they were planning on it being their last holiday abroad!). On arrival the hotel was next to a building site and there was no rep to be seen for two days. When a rep was found she was unable to help as my parents had been sold a 'flexi holiday' not a package. As a result not only could they not not exchange their room with a lovely view (and dust) of the building site but they also missed out on free trips the reps could otherwise arrange. The paperwork says "Package Holiday-flexible trip" but at no point was the difference indicated or explained to my parents.

I have written to TC expressing my opinion that my parents were actually mis-sold this holiday as neither the 'flexible trips' element nor the building site were highlighted to them.

Can anyone offer a quasi legal opinion on where they stand?

I am seeking compensation for them on these grounds, and I think it is appalling that a 'high street' operator can behave in this manner.

All advice appreciated, Many Thanks,
Phil
:money:

Hi the company Thomas Cook used for this is flexibletrips.com so thats where the terms flexi holiday comes into play. This company is used to package flights, hotels and transfers together. How do you know they weren't made aware of this were you there when they booked unless you were i don't think you'll get anywhere with this line of complaint. Which hotel is it where the building work is, is it the sol pelicanos, cause we were there in may and the work wasn't that bad, but yes they should have been made aware of it, if its not that hotel then maybe the work had only just started and flexi didn't know the work had started so couldn't let them know.
Why didn't they go to the reception desk and ask to change rooms.
They don't have the use of a rep but they do have a helpline number to ring if there are any complaints. You don't need a rep to organise free trips they often have people stood in the hotels offering free trips and if not you only have to walk along the street and someone will offer you a free trip.

phatbear

phil_in_swansea wrote: »

but my parents are of an age where buying a package holiday from a tour operator should mean that you don't have to read the small print to make sure you are not being sold a pup.

But they should also be old enough to know better.

I sympathise with the situation but I really dont see how you, or your parents, have got a leg to stand on regarding a complaint

melb

go onto Holidaytruths forum - complaints section - and you might get some helpful advice there.

globetraveller

melb wrote: »

go onto Holidaytruths forum - complaints section - and you might get some helpful advice there.

Yes, you do get some very constructive advice there.