Advice needed on holiday complaint.

aimex

MrSmartPrice i would be interested to know what these legal qualifications you speak of are......surely anyone with such qualifications is aware that the term Plaintiff was abandoned some time ago and replaced with the word Claimant with the Woolf reforms?? x

jonesMUFCforever

MrSmartprice wrote: »

Legal qualifications and 25 years experience says I know what I'm talking about. Your 'ramblings' have demonstrated perfectly well that you don't.:rolleyes:

I don't care too much what you do on your own behalf. It's just a bit much when you start posting palpably incorrect advice to someone who actually needs some practical assistance. If you have used the courts you should know about its procedures and requirements and would not have posted such nonsense. Time for you to stop digging, I think.:o

I was digging and digging then hit something hard - oooh did it hurt then?:rotfl: :rotfl:

MrSmartprice

ejones999 wrote: »

I was digging and digging then hit something hard - oooh did it hurt then?:rotfl: :rotfl:

You just cannot admit when you are wrong, can you?:rolleyes:

Looking at your avatar, that just about sums you up!:rotfl:

jonesMUFCforever

I don't think I am wrong.
You have not once said why the OP deserves 100% refund and compensation.
Please keep the reply short as I have other things to do with my life other than read your 'War and Peace' efforts.

budgetflyer

ejones999 wrote: »

I don't think I am wrong.
You have not once said why the OP deserves 100% refund and compensation.
.

Because they booked and paid to go to the Aguamarina in Santa Susanna but instead got dumped in the Olympic in LLoret de Mar which is a totally different hotel in a totally different kind of resort.

It would take a pretty strong willed and determined person to simply ask to be immediately flown home, all the upset for the family and that, so most normal people just complain a bit,put up with it meanwhile and deal with it later.

There may well have been a perfectly valid reason why they couldnt be put up in the Aguamarina, however I suspect the tour opp has just dumped them in the cheapest 3* they had available. There are plenty of nice 4*s along that coast in smaller, quieter family resorts that would have been far more suitable and if its an upgrade, probably more agreeable.

Its all to do with how its dealt with.
This year, we too were overbooked. On arrival found out we were being transfered to different accommodation. It turned out to be of a better standard than what we had originally booked, so no complaint-end of story.

jonesMUFCforever

So budgetflyer because you were sent to a different hotel in a different resort (which OP obviously agreed to) you get all your money back and more despite them having a holiday for the same number of days?
You cannot have your cake AND eat it.
Yes you would have to be very strong willed to refuse and insist on going home but IMO this is the only way that they deserve all their money back and compensation on top.
With anything else a reduction for the cost (or proportion of cost) of what they have had should apply.
I totally agree that the tour company have to compensate them - but not for the total cost and more.

I'm glad your holiday turned out ok but according to MrSmartprice you should be suing now for everything you can get.

budgetflyer

Refund would be adequate if it was totally unsuitable. I certainly dont believe he should get compensation too, so I was maybe misunderstood.

Often I would think a partial refund ok (if indeed any) if tour opp made an effort to upgrade etc (as mine did ) but in this case it was light years from what was actually booked.
LLoret and Santa Susanna cater for entirelly different holidays.They really couldnt have got it more wrong if they tried

jonesMUFCforever

I agree but we have not heard back from OP as to what exactly the choices the travel company gave him, whether he had to sign anything to agree to them or whether he actually complained in resort.
My argument is that if he did not really kick off a stink big time when he got to LLoret then he will be deemed to ''accept'' the alternative and his case for a full refund heavily compromised.
Surely if did come to court they would use this information against OP?

Which side the court would come down with is anyone's guess.

MrSmartprice

budgetflyer wrote: »

Refund would be adequate if it was totally unsuitable. I certainly dont believe he should get compensation too, so I was maybe misunderstood.

Often I would think a partial refund ok (if indeed any) if tour opp made an effort to upgrade etc (as mine did ) but in this case it was light years from what was actually booked.
LLoret and Santa Susanna cater for entirelly different holidays.They really couldnt have got it more wrong if they tried

Where a holiday is a complete disaster a court can (and does) award a full refund plus compensation to recognise the loss of holiday leave as well as financial loss. That's a fair principle and nothing new. In practice most holiday complaints merit awards less than this, as they are rarely unmitigated disasters.

It is right to say that it depends on the efforts made in resort to solve a problem. Sadly it is often the case that resort reps do little or nothing, and that is often company policy. It is a common occurrence that reps do anything to avoid providing a proper complaint form so that it is later alleged that it was not properly registered in resort. And reps are usually only interested in selling excursions.

In the OP's case we do not have enough to go on to know what they should be entitled to. In my experience it would take a couple of hours of discussion with them to be able to put a proper claim together.

As for ejones, he's just a troll stirring it up for his own amusement, so just ignore it.:rolleyes: :rotfl:

jonesMUFCforever

Much of your posting makes sense and I feel that you are coming round to my way of thinking.
Congratulations.