Compensation for Misleading Information

WeeTee

Hi all,

We have just returned from a holiday booked through TUI - there was a severe lack of facilities (only one cafe/bar open for all guests all day) and they were chronically short staffed.  The TUI website states that there are 5 separate areas where you can purchase food and drink and only one of these was open for the whole duration of our stay which meant queuing in for well over and hour, just for a bottle of water!  We believe that we were mis-sold the holiday as the hotel clearly did not have the facilities which it was advertising, meaning the experience was way below what our expectation was and what they advertised.

On top of that, our room had a broken front door, which wouldnt close properly and led out to a busy car park, which left our kids feeling unsafe. We asked for it to be fixed and maintenance did come to look at it but it was never properly fixed the whole holiday.

We sent a letter of complaint to TUI a few days ago and they have already replied saying that we are not entitled to any compensation whatsoever.  The reason they have given is that it wouldnt be fair on other guests!  I'm not sure how other guests experiences matter as we arent talking about anyone else but us and our experience.  They also havent even acknowledged or explained why none of the facilities were open.

What are your thoughts on how we should proceed with this next?  I am not happy to leave it here and will definitely be taking it further but should I go straight to ABTA or reply to them and give them a chance to do something about it? 

jlfrs01

I don't think ABTA or ATOL are able to help you in this situation, the former isn't an Ombudsman and whilst they can step in with disputes do not have the power to offer or order compensation. They do however have guidelines which members have to follow. ATOL will cover the travel aspect only (cancelled flights, etc).

I did a bit of Googling and found this link which might be helpful because there is some protection you are entitled to in the event the holiday you booked was not as described, you'll obviously need to provide proof in the form of photos and so on:

https://www.qualitysolicitors.com/small-claims/holiday-problems-does-not-match-description

This guidance could be enough for you to challenge TUI's decision arguing a breach of contract using the guidance in the link. If you decide to go down that route, I'd loop ABTA into the letter you send so they'll have to explain their decision to ABTA and answer to both of you. It'll also show ABTA and TUI you've done your homework.

eskbanker

Re giving them a chance to do something about it, their terms require you to do so when there - what sort of response did you get at the time from the hotel and TUI?

If You Have A Complaint

It is very rare for things to go wrong. If they do, you must tell the supplier in question (e.g. the hotel) and our representative straight away so they can solve the issue. If our representative isn’t available, you should contact our TUI Guest Experience Centre which is open 24/7. If you’re still not satisfied, contact After-Travel Customer Support within 28 days of coming home so we can investigate properly. Contact details are in the A-Z Guide.

We usually solve any issues but you can use ABTA’s scheme for resolving disputes at www.abta.com.

WeeTee

@eskbanker - we did speak to the hotel and the TUI rep and they were both apologetic but the hotel in particular said they were short staffed and the situation was out of their control.  The TUI rep also was apologetic and was noting everything down but with the quick reply we've got from our complaint, its pretty clear that they havent even contacted the hotel or the rep.  It seemed a pretty generic response, which has annoyed me as you would at least think they would give an explanation as to why the hotel was not as described.

WeeTee

@jlfrs01 - thanks for the information, its really helpful 

TELLIT01

Did you raise the issues with TUI reps when you were away?  Even if there isn't one dedicated to where you were staying you would have been given a contact number.

eskbanker

WeeTee said:

@eskbanker - we did speak to the hotel and the TUI rep and they were both apologetic but the hotel in particular said they were short staffed and the situation was out of their control.  The TUI rep also was apologetic and was noting everything down but with the quick reply we've got from our complaint, its pretty clear that they havent even contacted the hotel or the rep.  It seemed a pretty generic response, which has annoyed me as you would at least think they would give an explanation as to why the hotel was not as described.

Staffing is very much within the hotel's control, even though there's not much that a package operator can do about that.  No harm in pushing TUI for more information and some sort of goodwill gesture - personally I'd dial down any assertions of misselling and misleading though, but as you say the experiences of other customers are irrelevant....

Westin

Are you sure that first reply from TUI is not the standard one which acknowledges your complaint and say something along the lines of they will investigate and respond back to you after 28 days?

NoodleDoodleMan

It would be appropriate to identify the hotel IMO.

If in Spain (for example) - there is an official complaints register which the local authorities monitor and would provide a record of your issues.

CKhalvashi

Assuming this wasn't AI and was to purchase items, I struggle to see any reason for compensation here.

Probably its possible to get a 24 pack of water from a local store cheaper than a few bottles in a hotel. That would have saved a lot of time over the holiday also.

It wouldn't even have required an additional trip as it can easily be integrated into local sightseeing.

WeeTee

@CKhalvashi - thats not really the point about whether I could go and purchase water or not - the point is that TUI is advertising that there are multiple places open within the large complex in which to order drinks/food and there wasnt.  I have never been anywhere, where I couldnt get a drink whenever i wanted - what about all inclusive guests?  Should they be expected to queue for hours for a beer when they've already paid for it upfront??