S75

joerob

I recently had a villa holiday package with uk company. On day 4 of the 7 day holiday we had a promlem with the electrical supply to the villa the mains supply was continually resetting because of a fault on the circuit this caused the air conditioning and lighting in the villa to fail, the pool pump and filtration system and lighting also failed so the pool was unusable for 3 days.
Eventually on 2nd to last day the fault was diagnosed, the pool pump had failed and damaged the fuse board in the pool pump house. This was causing problems with the main supply in the villa. The company were aware of the problem immediately they started but couldn't get an electrician out for 2 days and the repair to the pool couldn't be done until we left the villa.
The company have offered me £350 then £500 as compensation but for a £6000 holiday I think this is unreasonable. 
The Holiday was paid for on my credit card
Can I make a S75 claim as the services of the villa ie pool, air conditioning and lighting were not available for my 7 day stay ? So I think the contract was not fulfilled. 
If I make an unsuccessful S75 claim would the holiday company be able to withdraw the £500 offer ?
Any advice appreciated 

born_again

joerob said:

I recently had a villa holiday package with uk company. On day 4 of the 7 day holiday we had a promlem with the electrical supply to the villa the mains supply was continually resetting because of a fault on the circuit this caused the air conditioning and lighting in the villa to fail, the pool pump and filtration system and lighting also failed so the pool was unusable for 3 days.
Eventually on 2nd to last day the fault was diagnosed, the pool pump had failed and damaged the fuse board in the pool pump house. This was causing problems with the main supply in the villa. The company were aware of the problem immediately they started but couldn't get an electrician out for 2 days and the repair to the pool couldn't be done until we left the villa.
The company have offered me £350 then £500 as compensation but for a £6000 holiday I think this is unreasonable. 
The Holiday was paid for on my credit card
Can I make a S75 claim as the services of the villa ie pool, air conditioning and lighting were not available for my 7 day stay ? So I think the contract was not fulfilled. 
If I make an unsuccessful S75 claim would the holiday company be able to withdraw the £500 offer ?
Any advice appreciated 

Who did you pay for the holiday, was it a separate payment for the villa or such?

Expect a S75 claim like this to take a couple of months at least to settle. So the holiday co by then may well have withdrawn the offer.

Call you CC & see what they say. As I guess you were still staying there, it is going to temper any amount offered.

Aylesbury_Duck

joerob said:

I recently had a villa holiday package with uk company. On day 4 of the 7 day holiday we had a promlem with the electrical supply to the villa the mains supply was continually resetting because of a fault on the circuit this caused the air conditioning and lighting in the villa to fail, the pool pump and filtration system and lighting also failed so the pool was unusable for 3 days.
Eventually on 2nd to last day the fault was diagnosed, the pool pump had failed and damaged the fuse board in the pool pump house. This was causing problems with the main supply in the villa. The company were aware of the problem immediately they started but couldn't get an electrician out for 2 days and the repair to the pool couldn't be done until we left the villa.
The company have offered me £350 then £500 as compensation but for a £6000 holiday I think this is unreasonable. 
The Holiday was paid for on my credit card
Can I make a S75 claim as the services of the villa ie pool, air conditioning and lighting were not available for my 7 day stay ? So I think the contract was not fulfilled. 
If I make an unsuccessful S75 claim would the holiday company be able to withdraw the £500 offer ?
Any advice appreciated 

How much are you after?

£500 on the face of it doesn't sound unreasonable.  It's 1/12th of the entire holiday cost and presumably a chunk of the £6000 was flights, but these things are subjective.  Playing devil's advocate, if the loss of amenities was that bad, why didn't you curtail your holiday and come home?

The £500 offer can be withdrawn at any time, so yes, there's a risk that alternative action may see it disappear.  I see no harm in speaking to your card provider to get their advice.  It doesn't compel you to follow through with a claim, even if it's a possibility.

joerob

born_again said:

joerob said:

I recently had a villa holiday package with uk company. On day 4 of the 7 day holiday we had a promlem with the electrical supply to the villa the mains supply was continually resetting because of a fault on the circuit this caused the air conditioning and lighting in the villa to fail, the pool pump and filtration system and lighting also failed so the pool was unusable for 3 days.
Eventually on 2nd to last day the fault was diagnosed, the pool pump had failed and damaged the fuse board in the pool pump house. This was causing problems with the main supply in the villa. The company were aware of the problem immediately they started but couldn't get an electrician out for 2 days and the repair to the pool couldn't be done until we left the villa.
The company have offered me £350 then £500 as compensation but for a £6000 holiday I think this is unreasonable. 
The Holiday was paid for on my credit card
Can I make a S75 claim as the services of the villa ie pool, air conditioning and lighting were not available for my 7 day stay ? So I think the contract was not fulfilled. 
If I make an unsuccessful S75 claim would the holiday company be able to withdraw the £500 offer ?
Any advice appreciated 

Who did you pay for the holiday, was it a separate payment for the villa or such?

Expect a S75 claim like this to take a couple of months at least to settle. So the holiday co by then may well have withdrawn the offer.

Call you CC & see what they say. As I guess you were still staying there, it is going to temper any amount offered.

Thank you for replying 
I paid jet2 on my credit card for a flight and villa package.
NO alternative villa was available.

joerob

Aylesbury_Duck said:

joerob said:

I recently had a villa holiday package with uk company. On day 4 of the 7 day holiday we had a promlem with the electrical supply to the villa the mains supply was continually resetting because of a fault on the circuit this caused the air conditioning and lighting in the villa to fail, the pool pump and filtration system and lighting also failed so the pool was unusable for 3 days.
Eventually on 2nd to last day the fault was diagnosed, the pool pump had failed and damaged the fuse board in the pool pump house. This was causing problems with the main supply in the villa. The company were aware of the problem immediately they started but couldn't get an electrician out for 2 days and the repair to the pool couldn't be done until we left the villa.
The company have offered me £350 then £500 as compensation but for a £6000 holiday I think this is unreasonable. 
The Holiday was paid for on my credit card
Can I make a S75 claim as the services of the villa ie pool, air conditioning and lighting were not available for my 7 day stay ? So I think the contract was not fulfilled. 
If I make an unsuccessful S75 claim would the holiday company be able to withdraw the £500 offer ?
Any advice appreciated 

How much are you after?

£500 on the face of it doesn't sound unreasonable.  It's 1/12th of the entire holiday cost and presumably a chunk of the £6000 was flights, but these things are subjective.  Playing devil's advocate, if the loss of amenities was that bad, why didn't you curtail your holiday and come home?

The £500 offer can be withdrawn at any time, so yes, there's a risk that alternative action may see it disappear.  I see no harm in speaking to your card provider to get their advice.  It doesn't compel you to follow through with a claim, even if it's a possibility.

Thanks for replying 
I looked at the price of flights and deducted this from the total paid this left a little over £4000 and divided by 7  £521 a day so asked them for £1500 assuming they would reduce my request. But I still think £500 is unreasonable. 
They did look at moving us but didn't have another villa in the resort

DullGreyGuy

joerob said:

born_again said:

joerob said:

I recently had a villa holiday package with uk company. On day 4 of the 7 day holiday we had a promlem with the electrical supply to the villa the mains supply was continually resetting because of a fault on the circuit this caused the air conditioning and lighting in the villa to fail, the pool pump and filtration system and lighting also failed so the pool was unusable for 3 days.
Eventually on 2nd to last day the fault was diagnosed, the pool pump had failed and damaged the fuse board in the pool pump house. This was causing problems with the main supply in the villa. The company were aware of the problem immediately they started but couldn't get an electrician out for 2 days and the repair to the pool couldn't be done until we left the villa.
The company have offered me £350 then £500 as compensation but for a £6000 holiday I think this is unreasonable. 
The Holiday was paid for on my credit card
Can I make a S75 claim as the services of the villa ie pool, air conditioning and lighting were not available for my 7 day stay ? So I think the contract was not fulfilled. 
If I make an unsuccessful S75 claim would the holiday company be able to withdraw the £500 offer ?
Any advice appreciated 

Who did you pay for the holiday, was it a separate payment for the villa or such?

Expect a S75 claim like this to take a couple of months at least to settle. So the holiday co by then may well have withdrawn the offer.

Call you CC & see what they say. As I guess you were still staying there, it is going to temper any amount offered.

Thank you for replying 
I paid jet2 on my credit card for a flight and villa package.
NO alternative villa was available.

Presumably Jet2 dont own the resort/villa?

If they dont then under S75 they claim will be declined as you didnt pay the supplier of the villa service directly with the card. 

They may be willing to do a Chargeback but the rules tend to be more crude as they are a simple contractual process rather than governed by a legal statute and they aren't good with dealing with nuances

Grumpy_chap

joerob said:

Aylesbury_Duck said:

joerob said:

I recently had a villa holiday package with uk company. On day 4 of the 7 day holiday we had a promlem with the electrical supply to the villa the mains supply was continually resetting because of a fault on the circuit this caused the air conditioning and lighting in the villa to fail, the pool pump and filtration system and lighting also failed so the pool was unusable for 3 days.
Eventually on 2nd to last day the fault was diagnosed, the pool pump had failed and damaged the fuse board in the pool pump house. This was causing problems with the main supply in the villa. The company were aware of the problem immediately they started but couldn't get an electrician out for 2 days and the repair to the pool couldn't be done until we left the villa.
The company have offered me £350 then £500 as compensation but for a £6000 holiday I think this is unreasonable. 
The Holiday was paid for on my credit card
Can I make a S75 claim as the services of the villa ie pool, air conditioning and lighting were not available for my 7 day stay ? So I think the contract was not fulfilled. 
If I make an unsuccessful S75 claim would the holiday company be able to withdraw the £500 offer ?
Any advice appreciated 

How much are you after?

£500 on the face of it doesn't sound unreasonable.  It's 1/12th of the entire holiday cost and presumably a chunk of the £6000 was flights, but these things are subjective.  Playing devil's advocate, if the loss of amenities was that bad, why didn't you curtail your holiday and come home?

The £500 offer can be withdrawn at any time, so yes, there's a risk that alternative action may see it disappear.  I see no harm in speaking to your card provider to get their advice.  It doesn't compel you to follow through with a claim, even if it's a possibility.

Thanks for replying 
I looked at the price of flights and deducted this from the total paid this left a little over £4000 and divided by 7  £521 a day so asked them for £1500 assuming they would reduce my request. But I still think £500 is unreasonable. 
They did look at moving us but didn't have another villa in the resort

If I understand the figures correctly:
 - £6k total for 7 day holiday, including villa and flights
 - £2k flights
 - £4k villa
 - Pool was unusable for 3 days
 - You calculated the daily cost of the villa at £570 (£4k / 7)
 - You requested a partial refund of £1,500
 - You have been offered a partial refund of £500

You still stayed at the villa for the 3 days that the pool was unavailable and you have been offered almost a day's worth of the villa cost for only the pool being unusable.  That sort of seems reasonable to me. 

What were you doing on the holiday?  Were you out and about and enjoying the locality, or simply lounging and relaxing?  Even for the latter, how much of that relaxing would actually be in the pool?  Rather than sun-loungers at the pool-side?  Could you have still used the pool for the three days, even without the filter operating - it was only your family in there, after all?  Could you have availed of alternative lounging space - beach perhaps?

I think the offer is a fair one at £500 and I'd probably take that.
If you want to, you could push for £570, so equal to one-day's cost of the villa / one third of the cost for the time some amenities were not functioning.

A S75 claim might be difficult to establish as it is a slow process and the CC will critically evaluate the claim.  How will you show an actual loss?
A chargeback might be easier, but that would mean Jet can try to recover the amount later.
A simpler solution might be to push the £500 currently offered by Jet2 to the highest you can squeeze them for.

Arunmor

I don't understand why the pool would be immediately unusable, it might start going green after a few days but that would have been safe enough.

Aylesbury_Duck

joerob said:

Aylesbury_Duck said:

joerob said:

I recently had a villa holiday package with uk company. On day 4 of the 7 day holiday we had a promlem with the electrical supply to the villa the mains supply was continually resetting because of a fault on the circuit this caused the air conditioning and lighting in the villa to fail, the pool pump and filtration system and lighting also failed so the pool was unusable for 3 days.
Eventually on 2nd to last day the fault was diagnosed, the pool pump had failed and damaged the fuse board in the pool pump house. This was causing problems with the main supply in the villa. The company were aware of the problem immediately they started but couldn't get an electrician out for 2 days and the repair to the pool couldn't be done until we left the villa.
The company have offered me £350 then £500 as compensation but for a £6000 holiday I think this is unreasonable. 
The Holiday was paid for on my credit card
Can I make a S75 claim as the services of the villa ie pool, air conditioning and lighting were not available for my 7 day stay ? So I think the contract was not fulfilled. 
If I make an unsuccessful S75 claim would the holiday company be able to withdraw the £500 offer ?
Any advice appreciated 

How much are you after?

£500 on the face of it doesn't sound unreasonable.  It's 1/12th of the entire holiday cost and presumably a chunk of the £6000 was flights, but these things are subjective.  Playing devil's advocate, if the loss of amenities was that bad, why didn't you curtail your holiday and come home?

The £500 offer can be withdrawn at any time, so yes, there's a risk that alternative action may see it disappear.  I see no harm in speaking to your card provider to get their advice.  It doesn't compel you to follow through with a claim, even if it's a possibility.

Thanks for replying 
I looked at the price of flights and deducted this from the total paid this left a little over £4000 and divided by 7  £521 a day so asked them for £1500 assuming they would reduce my request. But I still think £500 is unreasonable. 
They did look at moving us but didn't have another villa in the resort

That way of calculating it works if the place was genuinely uninhabitable.  In my opinion their offer is more reasonable than your request but at some point you're going to have to accept, or decline and risk losing the offer you do have.  A classic stick-or-twist situation.  If DullGreyGuy's assumption is correct, you may not have a route via S75.

Have you spoken to your travel insurance provider?  I'd have notified them when the problem occurred.

joerob

Arunmor said:

I don't understand why the pool would be immediately unusable, it might start going green after a few days but that would have been safe enough.

Because of an electrical fault I did not want to go into the pool or let the children be around it in case they went in it electrical faults and water could have been disastrous 

Inbetweeners

joerob said:

Arunmor said:

I don't understand why the pool would be immediately unusable, it might start going green after a few days but that would have been safe enough.

Because of an electrical fault I did not want to go into the pool or let the children be around it in case they went in it electrical faults and water could have been disastrous 

It helps if you put that sort of info in your opening post, not that it helps your case, quite the opposite I would say.