On TUI holiday and need advice

munchpot

Hi all

I know with what happened to Thomas Cook this could seem a little trivial bit I’m on holiday and all is not as booked

Booked the holiday in March and the hotel was listed on both the website and booking confirmation as 5* All inclusive with two a la Carte restaurants and themed dining. Part of the reason booking this hotel is that we stayed here 3 three years ago and it was amazing. Particularly the food offering

As we only had one week away this year I booked to return

When we arrived the hotel is is shutdown mode. Arrived Monday, saw rep on Tuesday AM at welcome meeting He told us none of what was listed will be available.

A few of us complained and he told us he would come back to us. Seeing him tonight at 4pm (UK time) and wondered if we had a case for a partial refund as the holiday as not a a described.

Although you can’t book holidays here on the TUI website you can still book rooms and that still lists facilities as all inclusive with 2 a la Carte restaurants etc. (I have screen grabs)

Thanks for any advice you can give

DoaM

You've done the right thing in raising the issue in-resort. See what the rep comes back with, but you'd be entitled to recover any additional costs involved in obtaining meals etc., plus the potential to claim for loss of enjoyment.

cattie

Years ago on a Thomson holiday, hardly any of the advertised facilities were available at the (new) hotel. Plenty of us complained to reps & as a result, a majority of customers accepted an on site offer of £50 each refund to compensate.

I refused to accept & despite being told I was silly & would end up with nothing, I wrote a letter of complaint to head office once I got home & a few weeks later was offered over 50% of the cost of the holiday by way of compensation. I was more than happy as it paid for us to have a winter holiday. )

My advice would be to do something similar & focus on the fact that you booked the hotel for the very things that were unavailable & how it spoilt your longed for holiday.

bris

Compensation isn't really a law as such more a good will gesture which you could push for.


Failing that then what is a law is "Loss of Enjoyment", that's when things like this happen.


Keep notes of what you were promised and everything you do to try and resolve this to your liking, this is proof you tried if it gets to the stage where you can be bother to sue for this Loss of Enjoyment. Putting a figure on it isn't easy, but a percentage of the holiday cost is what you are aiming for, make it realistic though.

munchpot

Thanks for your comments so far

Will get the rep to record everything on the complaints form. My only other fault was, if they aren’t prepared to do anything can I reject the holiday and ask them to send us home and give us a full refund

It’s not helped by the fact that the food on offer is cold an not kept hot, so so far it’s just been salads to eat. Would that cloud the issue. Although it’s already been reported to rep by me and others

Edit. Now people are posting on trip advisor about the food being cold and undercooked

ComicGeek

munchpot wrote: »

so far it’s just been salads to eat.

:eek::eek: That's not a holiday, that's torture

munchpot

Spoken to the rep. He agrees with us. Offering some compensation in vouchers, which he’ll give us a figure tomorrow,
To be fair on him he showed me emails between him and the region manager where he’s being told off for giving compensation as they say there’s a note on the website about low season facilities although him and no other customers can find it

Went through making a booking with him as well and they are still showing all the facilities available with no low season warning. In fact they are promoting shows at the Amphitheatre, and that was knocked down last year!

Crucially no mention of low season in any terms and conditions that have been sent

The saga continues.

Pennywise

Don't be fobbed off and if necessary, pursue them through the courts for some proper compensation. We did this with Thomson many years ago when they misadvertised a 5* Kenyan resort hotel. We reported the problems to the rep at the time and filled in complaint forms, and then wrote to complain on return. We got a derisory £50 offer, which we rejected and threatened court action. They then gave a derisory £100 offer, which we again rejected and started court proceedings. They filed a defence to the court rejecting our complaints, but the week before the court date, they sent a "full and final settlement" offer for the full amount of the holiday. If you've a strong case, just play hardball with them and be willing to take it all the way.

unholyangel

The loss of enjoyment is a type of damages that can be claimed in certain contracts that are breached.

However, theres also the damages for the holiday not being as described.

So difference in value between what was promised versus what was supplied plus an element for loss of enjoyment.

unholyangel

munchpot wrote: »

Spoken to the rep. He agrees with us. Offering some compensation in vouchers, which he’ll give us a figure tomorrow,
To be fair on him he showed me emails between him and the region manager where he’s being told off for giving compensation as they say there’s a note on the website about low season facilities although him and no other customers can find it

Went through making a booking with him as well and they are still showing all the facilities available with no low season warning. In fact they are promoting shows at the Amphitheatre, and that was knocked down last year!

Crucially no mention of low season in any terms and conditions that have been sent

The saga continues.

They can't hide something like that in the small print anyway. They'd need to make it equally prominent to the bits listing the services and tell you exactly how it would differ.

buglawton

Tiu seems to care not a jot whether it gets caught out on its mis-descriptions. Going the same way as its erstwhile competitor?