Holiday From Hell - How do I get a Refund?

htwfrank

Dear Consumer23

I was sorry to read that you did not have a good time during your holiday to Egypt. It is clear that the tour operator did not exercise skill and care in the sale of this holiday. It is also clear from the brief description that you have given, that you organised and believe that you have been sold a package holiday.

This is important because if it is in the perception of the Consumer that they believed that they were sold a Package Holiday, then a Package Holiday it will be!

There is much debate about so-called DIY Holidays vs Package Holidays and despite the Travel Industry's best attempts to mask their obligations behind their terms and conditions, the law - the Package Travel Directive - The Package Travel Regulations - the Government's own Guidelines from January 2008 on what constitutes a Package - and - several cases reveal that providing simple terms and conditions and then seeking to rely on them when a problem occurs, will not generally wash with the courts.

Do not be swayed by the argument that the courts have decided on what is a Package - any case that the Travel Industry generally seeks to rely on will relate to definitions within ATOL Rules or VAT cases - they are not analogous to a Consumer position in my view.

It is also important to dispense your problems as being connected to the new ATOL - Flight-Plus - it has no bearing on your claim and only relates to financial protection in case the travel company collapses (there is nonetheless an argument I accept, that if the travel industry seek to rely on unrelated/abstract cases to support their position, you could also rely on the additional definitions within Flight-Plus).

You should note that there is substantial support for your position in the EU Commission and we should expect to see the new Package Travel Directive tighten this area for the benefit of Consumers in 2013!

You will need to examine the actual booking process, your normal buying habits and what 'notices' were clearly available to either support your position or theirs (remember - simply pointing after the event to T's & C's will not suffice). If your perception was that you believed you bought a Package Holiday, then you can rely on the provisions of the Package Travel Regulations on brochure description Regulation 4, significant change Regulations 12/13 & 14 (pre & post departure) and Regulation 15 - Liability.

I can assure you that Loss of Enjoyment is very much a head of damages you can claim in a case like this!

With regards to the credit card company - the section 75 point - it is clear that they are not protecting your position and taking the travel industry's interpretation of what constitutes a package. You should use the complaints process attached to the terms and conditions of the card company and acquaint them with your new found knowledge of the Package Travel Regulations and the issues surrounding Consumer perception. If they still refuse to assist, then you should make a formal complaint to the Financial Services Ombudsman.

In addition, you should also acquaint the tour operator with your new found knowledge and put them on notice that they have failed in their obligations to you - in their case you should also add in the additional rights contained within the Unfair Trading Regulations - Misleading Actions & Misleading Omissions as being additional failures on their part of exercising skill and care in the sale of this holiday.

If you have any doubt that this works, let me assure you that many of the Consumers we guide are successful in the use of these arguments; I do not subscribe to the school of thought that suggests that you get what you pay for - it is much more complex than that!

I hope that this assists - HTWFrank

MrsE_2

jhe wrote: »

i second MrsE regarding the reef oasis bluebay, it was all it was cracked up to be, not a cheap hotel but you get what you pay for.
i used tripadvisor to help whittle down my choice of hotel when i booked this hotel.

The Sensatori is even better;)

I upgraded to the adults only beach front rooms, lovely spot.

jhe

MrsE wrote: »

The Sensatori is even better;)

I upgraded to the adults only beach front rooms, lovely spot.

will look it up if we decide to go back to sharm MrsE. i have also stayed at mirabel beach its not a patch on ROBB imo.

budgetflyer

I think consumer23 has certainly been gullible/foolish booking this after reading the terrible reviews.
However,
If it was sold as a 5 star then it should have at least some resemblance of a 5 star, even an Egyptian one.
If Bookable Holidays are the people selling this as a so called 5 star, so surely they must be guilty of misrepresenting the actual quality of the hotel.