Holiday Complaint

sbthang

Hi, 1st time posting on the forum (lurked for a long time)

Wonder if I could garner a few opinions on a problem we had with a holiday we had earlier this year?

Booked via a travel agent last year (used them before - bloomin' excellent) to go to Sandals Antigua for a once-in-a-lifetime (up-graded flights too) style of holiday and at the time of booking we knew the resort was being expanded to offer more facilities - one of the big draws for us was this expansion. Completion was due around December as I recall.

Found out in December that completion was probably going to be around January instead as construction had fallen behind (not unusual in the carribean, I'd imagine)

Holiday time came, we got on the plane (smashing in the up-graded seats - champagne and all), great flight, nice quick transfer to the resort, lo and behold as we turned into the main gates....the building site was still there.

None of the new facilities were available (mainly due to the fact that the buildings were still being built!) and our super-duper suite was about 100 yards away fom the construction work (started at 7:00am and finished about 7:00pm)

We took it up with management in-resort, they offered us alternative rooms (1st one was a further 20 yards with the 2nd one a further 40 yards away) that we turned down due to the same proximity, they also offered to move us to another island (Sandals Grande in St Lucia) but not only was there nothing even approaching the same level of accomodation we had booked, there was building work going on there too. We turned this down too for the obvious reasons.

It became apparant after speaking to other guests that they had all been notified of the delayed completion of the resort, but we hadn't.

Our complaints were listened to by the management in-resort, but there wasn't a great deal more they could do. On the second-to-last day we were offered a five nights free voucher, to return to the resort when it was finally completed, but in exchange we would have to sign legally binding non-disclosure agreements which meant we wouldn't be able to try and complain to the travel agent in the UK. I wasn't up for this as I believed my travel agent had a liability to inform me of the status of the resort and if I signed the NDA I wouldn't be able to seek recourse through them.

Well we got back to the UK, I started the ball rolling by writing a letter of complaint to my travel agents, they passd the complaint to Sandals who wrote back to the agent re-stating the same five nights free offer. Sandals did in fact confirm that as they are required to, they informed every travel agent in the UK that the work was ongoing, including my agent. My agent passed this back to me (ignoring the bit about them not informing us of the works) and I imagine they thought this was a fine and dandy offer.

My wife and I didn't agree...this holiday cost us close to £7,000 and this was the one and only time we could foresee us being able to splash out on ourselves like this.

We then wrote back to our travel agent saying that they had missed the bit about them not informing us regarding the building works and they emailed me back saying that they thought a £250 ex-gratia payment was offered (not to me, it wasn't), they thought this was more than generous and as they weren't anticipating rasing their offer, we should cease all further correspondance and it'd be up to me if I wanted to take things any further (as a consumer).

In this last email they even had the gall to acknowledge the fact they had known about the ongoing works in-resort and that they hadn't notified me of the fact. An admission of sorts in my book.

Anyways, I'd like any advice as to how best proceed with a formal complaint to someone (haven't they foggiest who, mind) or even take them to court (small claims).

Any takers?

Kind regards
Steve

moob_2

Others may be able to assist in terms of the complaint better than I can, but this is not for the small claims - there is a limit on the amount that can be won in SCC, and I'd imagine you're looking for majority/full refund from this disaster.

I'd decide what you're prepared to accept out of this, and pursue it via the relevant authority if you continue to get no satisfaction from the tour operator/hotel/TA etc.

richardw

sbthang wrote: »

In this last email they even had the gall to acknowledge the fact they had known about the ongoing works in-resort and that they hadn't notified me of the fact.

Print e mail off and send a copy of the e mail to the travel agent's company secretary at their registered address with your financial compensation claim in writing. Don't send any more e mails or do phone calls.

cam101

Report the travel agent/tour operator to ABTA (Association of British Travel Agents). That is provided they are members. Also outline the situation and send it to Watchdog (using the BBC website, for all you know others have done the same).

If you explain in detail, ABTA will reply with advice over whether they think you have a case. You may be able to start arbitration through ABTA, if they support you (from the sounds of it they will have to!)

There are organisations to help you, I used ABTA to help me succeed in getting some money back from a disastrous Thomas Cook holiday last year.

Keep us updated, be very persistent (I got completely fed up with letter writing), always go to the top of the tree (is your travel agent independent? or does he/she have anybody higher up?) and good luck!

Cam

cam101

Forgot to add...

ABTA have a code of conduct on their website, it always helps if you can quote which bit has been broken. I thought this sounded suitable:

Building Works

• An ABTA Member must notify you as soon as possible of any serious building works at your destination. If you wish you can transfer to another holiday or cancel and have your money back [Code 2.5].

A bit of reading about the legal side really helps the argument!