Gag Clause - Is This Right?

lea2012

If you only stayed for one week instead of two and you notified them why are you not pushing for a 50% refund?
I'm not saying you would get it, but if you have been in touch with the company whilst away and told them you were unhappy they should have offered you some assistance. If they did and you didn't accept their alternatives / solution then they are probably quite within their rights to only offer 20%.

Really without knowing the details of the complaint, and what solution if any thy tried to give you it's hard to say whether or not this is a good deal. To be honest if your complaints are weak then 20% is probably worth it to keep you quiet and make you go away, especially if the accommodation was cheap anyway and they don't have to pay you much!

Pleut

20% back when you had to fork out an extra £1000 doesn't seem like a great deal to me. Or am I missing something?

fifeken

Pollycat wrote: »

From the OP's other thread, it may be that the company she booked with isn't a UK one.

Can you still use small claims against a non-UK company?

There is a European Small Claims Procedure which may work, if the company is from the EU. Often used against Ryanair, going by the Flight Delay sub forum.

Pollycat

fifeken wrote: »

There is a European Small Claims Procedure which may work, if the company is from the EU. Often used against Ryanair, going by the Flight Delay sub forum.

Then that's useful advice for the OP.

leylandsunaddict

They're not entitled to a 50% refund if the holiday included flights The largest cost of the holiday will have been the flight, which they presumably made use of both outbound and inbound. I would imagine 20% is more likely 50% of the costs, excluding flight and any other services they paid for and used.

If it was just accommodation that's different, but it was their decision to leave and book somewhere else.

Read the companies terms and conditions again because they will tell you the country of the governing law eg English, Spanish, Italian etc. It's that countries law that will govern any compensation if you do take it to court.

headpin

We should not be worried about what the law says or does not say. As an MSE'r we should be discussing what a reasonable and customer focussed company should be doing.

As far as compensation is concerned, this should be an amount over and above what the customer incurred in putting themselves in to the same circumstances they would have been in had the travel company not misrepresented what was being provided.

Too many travel companies believe they can deliver lead and expect to be paid gold.

Pollycat

headpin wrote: »

We should not be worried about what the law says or does not say. As an MSE'r we should be discussing what a reasonable and customer focussed company should be doing.

As far as compensation is concerned, this should be an amount over and above what the customer incurred in putting themselves in to the same circumstances they would have been in had the travel company not misrepresented what was being provided.

Too many travel companies believe they can deliver lead and expect to be paid gold.

People are offering their opinion on what the OP can do and is likely to get now.
How is "discussing what a reasonable and customer focussed company should be doing" of help to the OP right now?

Marktheshark

I would say keep your offer, I am hitting the review sites.