Anyone complained about a package holiday through ABTA ... ?

Scruffywuffy

Went on holiday end of last year. Hotel was described as a small 54 room hotel. Well the hotel was there - along with around 150 + villas all using the same facilities. Photo in brochure/website only shows the main hotel building.

It was also on an incredibly steep hill (some TripAdvisor reviews describe it as being set on a mountain!) which was not mentioned. Nor was the fact that we had to climb 59 steps in the hill to get anywhere from our room (which was one of the additional villas, not the main hotel). There is a shuttle bus but it was infrequent (one couple waited an hour and a half for it) and didn't seem to run to any set route.

I've written to the Tour Operator twice, about the mis-description and other issues with the holiday - first reply was about 3 paragraphs, standard letter with one additional paragraph that didn't really address any of my issues.

Wrote again, got a slightly longer, less standard letter which again, didn't really address any of the issues, just that they weren't prepared to offer compensation, this was their final decision (they actually say that about 10 times!) and any further correspondence would just get the same reply.

The hotel is still being described in the same way - I was thinking of getting ABTA on the case and was wondering if anyone else had gone down that route and if ABTA were helpful.

Thx

richardw

Commence the small claims court process.

jonesMUFCforever

richardw wrote: »

Commence the small claims court process.

Small claims will involve initial costs (which you might get back) but the ABTA route is free to consumers.

OP go to the ABTA site and commence a complaint there.

richardw

jonesMUFCforever wrote: »

Small claims will involve initial costs (which you might get back)...

An excellent notice before action NBA can get things moving quickly, particularly if you have a very good case and the defendant is acting slightly unreasonably, with small admin costs.

jonesMUFCforever

richardw wrote: »

An excellent notice before action NBA can get things moving quickly, particularly if you have a very good case and the defendant is acting slightly unreasonably, with small admin costs.

We do not have any facts really do we - just a version of events by the OP which might or might not be 100% accurate - travel companies will fight the case if they think they are in the right - whilst ABTA is a free service.

Alan_Bowen

ABTA isn't free, but it can be easier. The problem for the ABTA member is they have to pay a lot of money up front for ABTA arbitration whereas court proceedings cost them nothing to defend until they have to go to court. ABTA doesn't stick to the law, they look at what is reasonable in the circumstances, it is all on paper so there is no hearing. It can also be quicker, if you issue legal proceedings and the mediation which will be offered doesn't get you anywhere, you can be waiting a long time for a court hearing, for which you pay an additional fee.

As a very general rule, consumers win more often in ABTA arbitration than at court but when they do win, the award tends to be higher in a court. That may be a reflection of the type of case going to court, it is impossible to say, but from what you say, it seems unlikely that a letter before action will cause them to make an offer, so choose a route to go and then keep going.

lea2012

Is the company you booked with ABTA bonded? If you used an online travel agent you might find the ABTA route is not applicable to you anyway.

Scruffywuffy

Thanks for all the replies. Bit of an update but firstly, I have already sued them last year - for a flight delay! They firstly said I wasn't entitled to compensation due to extraordinary circumstances then basically ignored me! LBA got no reply, I sent them my draft particulars saying here's my Particulars, I WILL issue a claim if you don't pay - nothing. I went ahead and issued the claim they then acknowledged and said they intended to defend the whole claim and then a week later called me to settle. I do wonder if this particular company has a policy to say no until a claim is issued.


So, the update. I looked on their website today and they have amended the hotel description to take account of every one of my complaints! Said that it's not one building, there's separate "villas", if you are in one of these villas it's towards the back of the building on a hillside and may not be suitable for those with mobility issues.


So surely that's an admission of liability by changing it ?


In resort we did get $100 off excursions booked with them and some bottled water (other guests complained that an AI holiday should provide some drinking water) - at the time this was not offered in full and final settlement but on the second to last day they tried to get us to sign something to say it was. We all declined and said we'd take it up with the operator on our return. In correspondence they say we were given £100 compensation which is not the case.


I wasn't really minded to go the Small Claims court route - interestingly both their letters to me have been marked Without Prejudice, although in the second one when they basically say get stuffed, don't bother us again, they do say there are third party people you can go to (ABTA maybe?) they say that these third parties require two lots of correspondence so please do take both our letters as proof of correspondence. There was no settlement offers so not sure why they marked them WP anyway.


I'm having one last shot at writing back, on an open basis, stating that I'm yet to receive an open reply to my letter of January ... Noting that they have amended their website which presumably is a result of my complaint and again asking for the compensation I asked for in my first letter - then I'll go to ABTA. I've gone through the ABTA Code of Conduct and it looks like they've breached it on the advertising front and also the fact they've not given me a detailed reply within the 28 days ABTA stipulate - or a reply containing an explanation for the delay. They've basically ignored every point I raised but did accept there were a number of issues and apologised for the detrimental effect this had on our holiday.


Although I am pleased they've amended their website, it stinks that they've done so without any recourse to me. I'd have much more respect for them if they'd replied, holding their hands up to it, saying thanks for letting us know, we've amended the hotel details on our website, here's what you were asking for - which wasn't (IMO) that much.


Also to add, yes they are a large, well known ABTA bonded tour operator and we booked directly with them - not through a travel agent.