Transfer did not arrive but company won't refund.

Laura15

Hi, I wonder if anyone can help with a query please (and also that this is the correct forum!)
I booked a holiday via On The Beach back in March (prior to new “package regulations” enforced on 1st July) which included airport/hotel transfers via Holiday Taxis.

Our return transfer did not arrive, despite us reconfirming in advance, and contacting the emergency number to check its whereabouts. This resulted in us having to pay for a private taxi back to the airport.

When I returned home, I contacted On The Beach to report this, requesting a refund for the non-existent transfer and also asked for the out-of-pocket taxi expenses too (OK, might have been pushing it, there!)

I expected a simple apology and a refund so was not impressed when OTB refused, saying that Holiday Taxis wouldn’t refund as the transfer DID arrive, but was waiting in another road as ours was too narrow, which is within their Terms & Conditions.

Fair enough, but at no point were we ever given that information. Our paperwork said we would be collected from the hotel, we were dropped there (the road wasn’t “too narrow” then!), the re-confirmation stated it, and the emergency number said the transfer would be “at our hotel in 5 minutes”. Furthermore, if the transfer really was elsewhere, they made no attempt to contact us to let us know they’d arrived.

They sent a screen shot of a coach’s GPS co-ordinates to “prove” its arrival, although of course that doesn’t prove it was MY transfer, given that it was outside a different hotel!!

On The Beach closed the case after Holiday Taxis refused a refund, and suggested I contact ABTA if I wasn’t happy. I did, but they won’t help as they say OTB aren’t at fault as they were only acting as an agent for Holiday Taxis. ABTA said I should contact them directly (they’re not ATOL protected). So I did…. and they refuse to deal with me directly as I booked through an agent and must go back to On the Beach!!!!!

Any suggestions? Have you encountered a similar issue? How was it resolved? It’s become a ridiculous matter of principle now... we paid for a transfer which didn’t arrive (in the manner we were told it would), should we not be refunded?

If anyone can suggest anything, I would be most grateful.
Thanks in advance to you all.

jonesMUFCforever

How did you pay?

Laura15

We paid for the transfer as part of our overall holiday booking with OTB (flights, accommodation, transfers) - this was paid in instalments by direct debit over a number of months from my bank account.

jpsartre

Small claims court may be the only option if you can bothered taking it that far.

Laura15

Well, I do have a bee in my bonnet about it! But we’re not talking much money here, it’ll only be £40 if they refund both the transfer AND the taxi fare (although that would be a nice windfall at this time of year!) I almost didn’t even contact them when I got home, but I was so shocked when they refused something I thought would be very straightforward, I’ve ended up pursuing it! Just don’t like to feel cheated....

Does anyone have much experience of small claims? I wouldn’t even know where to start (Google, I suppose)

waamo

For £40 it's probably not worth it. I would send a Letter Before Claim though to see how they react. That gives you the option of filing a claim but frankly for £40 it would be more time and effort than it's worth.

A formal LBC might prompt them to do something though. Google for examples.

Laura15

You’re right, I’ve now investigated Small Claims and there’s a fee of £25, so financially it’s not worth it (morally, though.....!!!) However, I’ve never heard of this LBC business, so I’m definitely going to look into that now, thank you.

jpsartre

Laura15 wrote: »

But we’re not talking much money here, it’ll only be £40 if they refund both the transfer AND the taxi fare (although that would be a nice windfall at this time of year!)

I don't see how you could possibly be awarded both a refund and the cost of the new transport in small claims court. It'll be one or the other. You can add the small claims court fee to your claim though.

Laura15

True... I suspected I might have been pushing it when asking for both, and fully expected their original reply to say they’d only refund one or the other. Then I would have requested the taxi fare, as obviously if I’d wanted to pay that, I wouldn’t have booked their transfer in the first place! When they flat out said they weren’t going to refund anything, then it became a mission! But good to know that if it ends up in small claims, I can request the fee back. I’ve Googled the “LBC” thing now, that’s brilliant, I’m definitely trying that approach next....

waamo

There is a filing fee of £25 then if it goes to a hearing there is a fee for that (£35 IIRC) you get these back if you win.

The problem is a court can throw out a case if the costs outweigh the claim. It's very much at a courts discretion but this is very borderline. There is no hard and fast rules and it's on the whim of a judge but this does run a risk of being declared not worth a courts time.

I would push them for a refund but I would think hard about an actual claim.

Laura15

I doubt I’ll end up taking it to court - clearly it’s not financially worth it. It’s just the principle - through no fault of my own, I’m out of pocket and didn’t receive the service I paid for. I don’t see why they should just get away with that. I’ll try the LBC, thanks for that advice.