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Need some advice and help on Section 75 claim

Hi to cut a long story short I booked a weeks holiday for 3 adults with Teletext for September 2014. The accommodation we paid for was supposed to be 4* when we arrived the apartment was flooded, musty and damp there were no other rooms available at complex. I telephoned Teletext right away and informed them we couldn't stay there, they stated someone would ring me back, no-one rang me back. I found alternative accommodation and I had to pay 400 euros myself. I sent teletext a letter of complaint with photographs on 12th September 2014 when we got back and to date they have not replied. I paid the full holiday with my credit card (£1392), there is a breakdown for the holiday which states my accommodation was £381. How do I claim using section 75? If I claim using section 75 am I claiming for just the accommodation of £381? can I claim for the 400 euros I paid for alternative accommodation? any help or advice would be great appreciated.

Comments

  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    To claim under Section 75 you have to be able to prove there has been a breach of contract.

    If you can prove this then contact your credit card issuer. As this is a quality of services issue, you may struggle to get them to take it on. Did you ask the accomodation owners to sort out the issues for you before you looked for alternative accomodation ?
  • bigboss wrote: »
    How do I claim using section 75? If I claim using section 75 am I claiming for just the accommodation of £381? can I claim for the 400 euros I paid for alternative accommodation? any help or advice would be great appreciated.

    You would just claim for the £400 as you had agreed to pay £381 for appropriate accommodation and with the additional £400 expense this is what you got so the £400 is the claimable element. (this assumes you got no refund from merchant or hotel)

    You will need to send your evidence that there was a breach of contract to the agent or your bank depending on which of the two you want to go after. Both will defend the claims.

    Be aware that with any form of agent there can be exceptions to S75 because of how the money flows. See http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases and the "not covered section" which explicitly highlights that travel agents are common exceptions.

    Even if the bank agrees the flow of monies does allow for S75 you will need to avoid the normal pitfalls of star ratings/ quality issues. Many websites provide "agents own rating" which is not a formal star ratign from the likes of the AA or Visit Britain and challenging that this is not what the grading the hotel should get is exceptionally difficult. Also remember that gradings are 95% based on facilities and not quality, a hotel only needs to have 24/7 room service and reception to get its 4*, there doesnt have to be any upgrade in quality of these things plus the actual requirements vary by country.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 20 October 2014 at 8:41AM
    bigboss wrote: »
    Hi to cut a long story short I booked a weeks holiday for 3 adults with Teletext for September 2014. The accommodation we paid for was supposed to be 4* when we arrived the apartment was flooded, musty and damp there were no other rooms available at complex. I telephoned Teletext right away and informed them we couldn't stay there, they stated someone would ring me back, no-one rang me back. I found alternative accommodation and I had to pay 400 euros myself. I sent teletext a letter of complaint with photographs on 12th September 2014 when we got back and to date they have not replied. I paid the full holiday with my credit card (£1392), there is a breakdown for the holiday which states my accommodation was £381. How do I claim using section 75? If I claim using section 75 am I claiming for just the accommodation of £381? can I claim for the 400 euros I paid for alternative accommodation? any help or advice would be great appreciated.

    Teletext have been taken over by truly travel- there are many people experiencing the same as you search the boards
    See this thread for example teletext scam-
    https://forums.moneysavingexpert.com/discussion/4983689
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