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Sunmaster Complaint- 8 months later response. Consumer rights?
headgirl49
Posts: 65 Forumite
My mother last august bought me a holiday to Ibiza with my brother for my 23rd birthday.
She booked it with sunmaster. Originally she booked a 3 star hotel, but they rang her and told her that hotel was fully booked so they would arrange 'the same' standard. This meant that the hotel weant from 3 star to 2 stars.
When I got to the hotel I realised it was not 2 stars and more half a star. However I just thought it was nothing major and probably the standard...however I started to get annonyed when the bedsheets had blood and staff refused to change it.
My mum paid for half board and on the 4th night I was told by the hotel staff that I was not allowed to eat lunch as half board was only for 1 meal a day (breakfast) nothing else. When I took this up with the hotel manager he said that it was 1 meal only and they refused to serve me or offer me meals again. I rang sunmaster and their emergency line told me i had to ask for it in writing and they'd get someone to contact me. The manager refused to put it in writing and even give me his name. I took it anyway and submitted my complaint to sunmaster over the phone. When sunmaster did rang me in spain, they said they could not file a full investigation until i returned to the UK.
I returned to the UK and filed a complaint. I did this via post, twitter, facebook, sunmaster's website of complaints and also recorded delievery. The only response I recieved to my complaint last year in August was one addresses to another customer with their name and address on. Which was worrying to say the least due to the fact in my eye's thats a breach of data confidentality.
Anyway I waited and waited and heard nothing. So again last month (almost 7 months later) i sent final letter with my complaint again special next day delievery to sunmasters head office.
I have recieved an email since stating that the hotel refuse there was any problems to their recall and sunmasters opinion is no one else has ever complained about any of the issues above, so all they will offer me is a 'special rate' to stay again at the hotel. they refuse to reimburse me for the costs I incurred because the hotel refused to serve me and go as far as to say i only told them that that evening I had not been allowed to eat. Obviosuly when they are not allowing me to eat 1 day it would be common knowledge and sense that they are not going to allow me to eat the next day, specifically when theyre saying i haven't bought this package.
Now i feel that the next stage is a letter of pre warning to sunmaster as it's now been 9 months and im no further in response with them. I wanted to know, I read that as I am on JSA that i can claim my court fees back for the small claims court online when i file everything? how does this get done and what do I do? do i have to pay the costs upfront and get reimbursed..or? Just the issue is am on jobseekers allowance contribution based not 'income' based...? also what are my consumer rights?
the reason I gave them time is because they stated they needed (1) 70 days to investigate and (2) i didn't want the judge saying i never contacted them.
The hotel was £950 in total. But all I want back is my expenses for the meals I had to pay for and phone call costs to them. I don't think this is unreasonable?
Do you? What exactly would you say in a letter of action thats my next move..and on JSA can I still sue them and reclaim the fees?
i wrote this template letter:
As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.
My mother purchased a holiday with you in August 2012. She paid for a 3 star all inclusive hotel. This hotel was not described or pictured as being dirty and having bedsheets beyond a hygienic human level as outlined in the pictures sent to you in my prior complaints. My mother also paid for half board and this was described as two meals a day. I was told by the hotel Sunmaster supplied this was not the case and this is only 1 meal (breakfast a day). Therefore I was banned from the dining area and not allowed to eat by the staff due to this miscommunication by Sunmaster
It was Sunmaster who informed my mother that this hotel was fully booked and they would change it to ‘the same standard’. However I was booked into a hotel which was not the same standard and was less standard.
From you I am claiming the costs incurred to telephone Sunmaster to report this matter and the cost of my meals I had to purchase for myself and my brother on the holiday due to the hotel refusing to serve me.
I have calculated this sum [state how you have calculated the amount being claimed to £200.00
Listed below are the documents on which I intend to rely in my claim against you:
- The original hotel booking
- The pictures of the hotel which are not clean neither as outlined or described on your website.
- The staff member’s name who refused to serve me food and manager I spoke to
- My telephone bill of calls to sunmaster
- The 24 emails sent to sunmaster
- The wrong response and 9 month late response letter sent by sunmaster with another customer’s details on
- The receipt of costs incurred (meals, bank charge to withdraw money to cover food costs and telephone calls.)
In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:
- The original telephone call of the booking which my mother placed with your organization.
I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.
I would invite you to put forward any proposals in this regard.
In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.
I look forward to hearing from you within the next 8 days.
Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.
Yours sincerely,
She booked it with sunmaster. Originally she booked a 3 star hotel, but they rang her and told her that hotel was fully booked so they would arrange 'the same' standard. This meant that the hotel weant from 3 star to 2 stars.
When I got to the hotel I realised it was not 2 stars and more half a star. However I just thought it was nothing major and probably the standard...however I started to get annonyed when the bedsheets had blood and staff refused to change it.
My mum paid for half board and on the 4th night I was told by the hotel staff that I was not allowed to eat lunch as half board was only for 1 meal a day (breakfast) nothing else. When I took this up with the hotel manager he said that it was 1 meal only and they refused to serve me or offer me meals again. I rang sunmaster and their emergency line told me i had to ask for it in writing and they'd get someone to contact me. The manager refused to put it in writing and even give me his name. I took it anyway and submitted my complaint to sunmaster over the phone. When sunmaster did rang me in spain, they said they could not file a full investigation until i returned to the UK.
I returned to the UK and filed a complaint. I did this via post, twitter, facebook, sunmaster's website of complaints and also recorded delievery. The only response I recieved to my complaint last year in August was one addresses to another customer with their name and address on. Which was worrying to say the least due to the fact in my eye's thats a breach of data confidentality.
Anyway I waited and waited and heard nothing. So again last month (almost 7 months later) i sent final letter with my complaint again special next day delievery to sunmasters head office.
I have recieved an email since stating that the hotel refuse there was any problems to their recall and sunmasters opinion is no one else has ever complained about any of the issues above, so all they will offer me is a 'special rate' to stay again at the hotel. they refuse to reimburse me for the costs I incurred because the hotel refused to serve me and go as far as to say i only told them that that evening I had not been allowed to eat. Obviosuly when they are not allowing me to eat 1 day it would be common knowledge and sense that they are not going to allow me to eat the next day, specifically when theyre saying i haven't bought this package.
Now i feel that the next stage is a letter of pre warning to sunmaster as it's now been 9 months and im no further in response with them. I wanted to know, I read that as I am on JSA that i can claim my court fees back for the small claims court online when i file everything? how does this get done and what do I do? do i have to pay the costs upfront and get reimbursed..or? Just the issue is am on jobseekers allowance contribution based not 'income' based...? also what are my consumer rights?
the reason I gave them time is because they stated they needed (1) 70 days to investigate and (2) i didn't want the judge saying i never contacted them.
The hotel was £950 in total. But all I want back is my expenses for the meals I had to pay for and phone call costs to them. I don't think this is unreasonable?
Do you? What exactly would you say in a letter of action thats my next move..and on JSA can I still sue them and reclaim the fees?
i wrote this template letter:
As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.
My mother purchased a holiday with you in August 2012. She paid for a 3 star all inclusive hotel. This hotel was not described or pictured as being dirty and having bedsheets beyond a hygienic human level as outlined in the pictures sent to you in my prior complaints. My mother also paid for half board and this was described as two meals a day. I was told by the hotel Sunmaster supplied this was not the case and this is only 1 meal (breakfast a day). Therefore I was banned from the dining area and not allowed to eat by the staff due to this miscommunication by Sunmaster
It was Sunmaster who informed my mother that this hotel was fully booked and they would change it to ‘the same standard’. However I was booked into a hotel which was not the same standard and was less standard.
From you I am claiming the costs incurred to telephone Sunmaster to report this matter and the cost of my meals I had to purchase for myself and my brother on the holiday due to the hotel refusing to serve me.
I have calculated this sum [state how you have calculated the amount being claimed to £200.00
Listed below are the documents on which I intend to rely in my claim against you:
- The original hotel booking
- The pictures of the hotel which are not clean neither as outlined or described on your website.
- The staff member’s name who refused to serve me food and manager I spoke to
- My telephone bill of calls to sunmaster
- The 24 emails sent to sunmaster
- The wrong response and 9 month late response letter sent by sunmaster with another customer’s details on
- The receipt of costs incurred (meals, bank charge to withdraw money to cover food costs and telephone calls.)
In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:
- The original telephone call of the booking which my mother placed with your organization.
I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.
I would invite you to put forward any proposals in this regard.
In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.
I look forward to hearing from you within the next 8 days.
Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.
Yours sincerely,
0
Comments
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If it was your mother that booked and paid for the holiday should it not be her that is putting the complaint in and taking court action?.0
-
Was this the original thread?
https://forums.moneysavingexpert.com/discussion/4542661
Why has everyone in it been banned?0 -
no idea but no thats not my thread0
-
headgirl49 wrote: »no idea but no thats not my thread
From the looks of it, it was written by your brother. Have you asked him if he posted about it also?0 -
Star ratings dont really say anything about the state of the hotel themselves. And different TO's/countries use different rating scales. I think someone has a "sun" rating, another is diamond etc. These usually refer to the facilities that are provided/offered by the establishment.
Not saying that dirty sheets etc are ever acceptable (imo anyways), but just with some of the things said in this thread and the other thread, it may explain why the hotel had a different classification on diff sites etc.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Hi my brother may have posted about it..as he told me about this site. But this whole thing with sunmaster has got so bad our family is split about it. Thats why I want to take legal action. The way my brother was treated was disgusting.
What I wanted to know is if my letter of legal action is okay..from any experts?0 -
As has already been said, you can't, the contract was between your mother and the holiday company.headgirl49 wrote: »Hi my brother may have posted about it..as he told me about this site. But this whole thing with sunmaster has got so bad our family is split about it. Thats why I want to take legal action. The way my brother was treated was disgusting.
What I wanted to know is if my letter of legal action is okay..from any experts?0 -
Well why are sunmaster responding to me then as although my mother bought it..i was the passenger?0
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headgirl49 wrote: »Well why are sunmaster responding to me then as although my mother bought it..i was the passenger?
I can only imagine that Sunmaster are responding to you because you complained.
But as you have no contract with them, you cannot bring an action against them for breaching that non-existent contract.0 -
headgirl49 wrote: »Hi my brother may have posted about it..as he told me about this site. But this whole thing with sunmaster has got so bad our family is split about it. Thats why I want to take legal action. The way my brother was treated was disgusting.
What I wanted to know is if my letter of legal action is okay..from any experts?
Your brother says he is 22 years old in other posts? Yet when he posts as his sister (you) he says the brother was 17 at the time of the holiday.
You need to clear this confusion up as it makes your story seem less credible.0
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