Advice re disappointing Boating holiday

Swansong10

Hello Forum Members. I would be most appreciative for any advice anyone could provide regarding the following situation:


Weekend Boating Holiday June - Fri pm-Mon am. Cost: for 7 birth Narrow Boat £626 + £20 parking fees (£60 non refundable damage/waiver fee included in the cost).


Booking agents: Hoseasons.


Problem: After the 1st night (Fri), set off the following morning for a location down a popular stretch of loch. Not long after setting off, the boat ceased to operate and we were stranded between lochs. Owner of Boat yard contacted. Owner and Engineers attended. Informed Rudder damaged, 'possibly' due to rudder hitting hard object under water. No replacement boat available. Informed no transport available to transport back to boat yard and we would therefore have to remain overnight on the boat until transport could be arranged for the following day. Owner of Boat Yard collected 3 members of our party the following morning to transport back to Boat yard to collect cars and return to boat location. All belongings packed up and transferred to cars for return journey home.


Agreement made following breakdown of boat: Owner offered another weekend break or a refund. We chose another weekend break. Unfortunately the 4 dates we provided could not be accommodated by the Owner. Only a smaller boat could be offered which would not accommodate the 7 of us or the offer of a weekend break commencing end Oct/Nov. We did not feel the weather would be suitable during Oct/Nov so requested a refund.


Action of Owner: The Owner made a 'non negotiable' refund into my account of £288 for the holiday. The Owner stated this was extremely fair as he believed we had spent an enjoyable Friday evening and Saturday am and pm on the boat (please see my response Point 1 below). He implied in correspondence that he could not be held responsible for the breakdown of the boat as it was not mechanical failure but due to an object being hit under the water. He added that all Hirers are told not to travel in shallow waters when they undertake their tuition (please see my response Point 2 below).


Point 1: Saturday was far from an enjoyable day. The morning was spent trying desperately to identify the problem which caused the boat to cease working. As no transport could be arranged to get us back to the Boat yard, we were told we would have to remain on the boat overnight. Saturday was spent gathering and packing all our belongings up from the boat ready to be collected by the Owner the following morning. This involved numerous trips carrying all of our belongings (including drink, disposable BBQs, canned food etc.,) past the lochs to a location where the car was parked. Some food products had to be thrown.
Location: The location of the boat was a long distance away from any amenities and a long distance to walk with a 4 year old. Although our fridge was full of food, we did not have any meat products etc., to make a meal or dairy produce (our plan was to purchase the items at our destination in order to have a BBQ to celebrate my birthday). We therefore felt we had little choice other than to walk the long distance into the village and dine at the local pub. Sadly the pub was unable to cater for 2 members of the party with specific dietary requirements so we were left disappointed and 2 members left very hungry. The local shop had also sold out of bread and milk.


Point 2: Boat tuition - At no time was the boat driven irresponsible and at no time did the Owner of the Boat warn against travelling in shallow waters. There were no reports or suggestions of shallow waters in the stretch of canal we were using. After all, the boat we were travelling in was following the same path as a long stream of other boats travelling to the same location. In fact when the boat ceased to operate we had to seek help from other Boat Users to help pull the boat into the side of the loch.


I am extremely disappointed with the outcome of our experience and have sought advice from ABTA and CAB as I do not feel a £288 refund is sufficient for the loss of our holiday. Initially, I contacted ABTA as Hoseasons are ABTA registered. However, I was advised by ABTA that as Hoseasons are only 'booking' agents for the Boat yard, I would need to pursue further claims against the Owner of the Boat yard. I have tried to reach a more amicable agreement with the Boat Yard Owner but he is unwilling to negotiate further. It appears that all I can do now is consider small claims court. However I am unsure what my chances of being successful in my claim would be. I would be so grateful if there is anyone who has had a similar experience and can advise whether it would be worth pursuing this claim any further. Many thanks for taking the time to read this and I welcome any thoughts or advice anyone can give me. Kind regards.