Consumer rights with holidays

Dragonrat

We recently took a fairly disastrous 4-day break with National Holidays, which I then compained about. We got back on 27th August, and (due to health reasons) I didn't put the complaint in until 23rd September. National Holidays are refusing to even look into any of the issues because there was a gap of over 21 days, which is against their regulations. Can they do that?

tomtontom

What regulations are you referring to?

What was the problem you had?

If they will not discuss the issue with you then you would need to either escalate it to their trade body (if they have one) or issue a letter before notice (prior to a small claims court action).

Dragonrat

I'll copy my letter over rather than try and explain it separately.

I would like to complain about the four-day holiday my partner and I took with your company between Sunday 24th and Wednesday 27th August, supposedly to Cambridge, Warwick and Broadway. This was our first holiday with you, and we were hoping to make it the first of many.

Please bear in mind that we had already been messed around, as we were originally booked to go to Scotland earlier that week, but you cancelled that, and the holiday to Cambridge and Warwick was the only one that appealed to us in the time we had left available.

There were so many problems that I really don’t know where to start. I will give a bullet-point list, which I’m sure will be backed up by others on the same trip.

Sunday 24th

• The coach was not a National Holidays one. It was an older design with much steeper stairs, which I struggled with each time getting on or off the coach. I have arthritis in my hips, and had checked in advance with some of your other customers whether your coaches would be suitable. This one was not; not for me, nor for the other disabled and/or elderly passengers.
• I am led to believe that the usual practice is that once the last pick-up has been made, the driver should give us an itinerary for the trip. This did not happen. All that the driver said to us was that there was no point in going to Broadway, as there was nothing there, and that he wouldn’t be going to Cambridge as the hotel was too far away. As first-time passengers, we had no idea of what to expect.
• We stopped at a services (I’m sorry; I do not remember which one). The driver didn’t tell us where we were, he just kicked us off the coach for an hour and a half, as he had to take a legally mandated break. I understand that EU driving rules state that a driver has to have “a break or breaks totalling at least 45 minutes after no more than 4.5 hours driving”; he hadn’t been driving for anywhere near 4.5 hours, and being dumped at a services for longer than necessary was hardly expected.
• We stopped somewhere for lunch. I say ‘somewhere’ because he didn’t tell us where we were; we had to ask. It turned out to be Leamington Spa; the time given to us was insufficient to find somewhere to eat, order, get served and get back in time.
• We arrived at our dingy-looking hotel which was, according to the driver, 90 miles away from Cambridge. This is why he had decided we weren’t going there; it was too far.
• The hotel room was bearable, but not something we would have usually accepted. By this time we were firmly getting the feeling that the holiday was a mistake. The room had mould around the windows from the damp, and the wallpaper was peeling due to damp in numerous points around the room.
• The food was fair on one evening, passable on one, but most definitely not on the other.

Monday 25th

• We were told we were going to spend the day in Stratford-on-Avon. As we had rejected Stratford as a possible alternative trip to the Scottish trip you cancelled, were not particularly impressed with this. We’ve been to Stratford before, and didn’t want to go back.
• The driver said people had moaned about not going to Cambridge and Broadway, so he was going to go to Broadway for an hour on the 26th, and do a short stop at Cambridge on the way back on the 27th. He seemed very put-out at having to do this. By this point we had all learned that there was very little point in asking him a direct question, as all he would do is give a jokey answer, or change the subject.
• We got back to the hotel before 4.30 pm.
• We got back to find that whoever had cleaned our room had left the door wide open. Thankfully, nobody had gone in and helped themselves to any of our stuff, but that’s hardly the point.

Tuesday 26th

• We were told that we were going to a town that had a market on (I’m afraid I don’t remember the name; maybe Stow on Wold?), and then to Broadway. We asked about Warwick; he gave a jokey answer.
• It was raining that day, and we soon found out that the coach leaked in numerous places. He took notice of the people at the front of the coach, and stuffed a little bit of rag in where the water was coming from, but ignored the people at the back telling him.
• We spent about two hours in this town with a market, and then went on to Broadway. We were dropped off on one side of the street, and told he would pick us up on the other side at the bus stop an hour later.
• At the appointed time, a group of us were waiting at the bus stop, but he didn’t show up. Somebody spotted the coach far down the road. We waited, and waited, then one of us ran down to remind him where we were. He’d changed his mind about where we were going to be picked up, apparently. It would have been nice if he’d told us.
• We finally got to go to Warwick, and were allowed around two hours, including getting lunch. This immediately ruled out the castle, which would have been £48 to get in to. Had we not gone to the market, we could have had a halfway decent amount of time in the place we were actually supposed to be going to.
• When we got back to the hotel, he instructed us to have suitcases at the coach at 8.30 am.

Wednesday 27th

• We took the cases out to the coach just before 8.30 am. The driver was in a huff because even though he’d said to take the cases out at 8.30, what he really meant was he wanted to be fully packed by 8.30. Sadly, all we had to go on was what he actually said.
• When we got to Cambridge late that morning, he dropped us off on the ring road without saying anything other than the time to be back. When asked where we were and where we needed to go in order to get into Cambridge proper, he gave a vague wave and said ‘”I think it’s over that way.” He said he’d never been to Cambridge before, so didn’t know.
• We managed to find our way through the park and into the city, which took over 30 minutes at my pace. I understand that he couldn’t park in the city centre, but the must be at least one road that he would have been allowed to drive down and stop for five minutes to let us off. The way back to the ring road took us nearly three quarters of an hour, as by that time my hips were really painful.

All in all, it was not a good holiday. The driver was a complete waste of space, and not particularly nice, either. The hotel was grungy and mouldy and, for some reason, 90 miles away from the place we were supposed to be going to.

I look forward to hearing from you. I trust that you will read this fully, and address all points.

The reply (just the relevant parts):

I am very sorry to learn you have had cause to write to complain regarding your recent holiday ... comments have been fully noted and passed on to the relevant departments.

We clearly state within our terms and conditions that should you wish to register a complaint [it should be] no later than 21 days after your holiday. Due to the delay ... I am unable to carry out a full inverstigation.

... Whilst I understand that you may feel some further action is warranted on our part; due to the lateness of your communication, we are left in a most difficult position and therefore, unable to conduct further investigations.

lincroft1710

What do you want from the company?

A full or partial refund? Because, if so, you don't appear to have asked for one.

Dragonrat

I don't suppose I did, explicitly. I've never written this sort of letter before. I was expecting them to at least offer a reduction on any future trip, if not a refund.

Am I right in thinking that the 21 days thing is irrelevant?

tomtontom

I'm guessing they did not read it because it is so very long. Take out all the irrelevant and minor bits and resend it.

wealdroam

Dragonrat wrote: »

Am I right in thinking that the 21 days thing is irrelevant?

No you are not right to think that.

It is clearly stated in their Booking Conditions (which no doubt you agreed to), under the heading Important Notes:

If you have a complaint

If you have any complaints during the Holiday it is essential that you notify the supplier of the service and you must tell the coach driver/courier as soon as possible. Your driver/courier will try to resolve the problem for you. If the coach driver/courier has not been able to resolve your complaint you should write to us explaining what your complaint is about within 21 days after the Holiday. Except in respect of death or injury caused by negligence, we regret that we cannot accept liability for any claims which you do not notify to us within 21 days.

lincroft1710

If you are expecting a company to offer you something, always state this in your first letter to them.

There may be a good reason why there is the 21 day time limit ( but I can't think of one). However unless you are seeking a refund or replacement (free holiday) they have no legal obligation to investigate your complaint.

Dragonrat

Okay, I'll write back and be more clear.