Holiday Rights

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  • nettie41
    nettie41 Posts: 5 Forumite
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    As I said, you don't know how much either accommodation or flights cost. You had the holiday, you used the flights which presumably were fine because you've not complained about them, stayed in two hotels, presumably had transfers, yet you're in effect asking them to give you a free holiday. It's not going to happen.
    we payed a lot of money for a holiday which was a nightmare, we had nothing but upset illness and stress. as stated above the hotel costs where 40% of total costs this was stated by the company. I am asking i payed for a package holiday this package was not met, surely flight costs should be included.
  • Alan_Bowen
    Alan_Bowen Posts: 4,850 Forumite
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    If you have reached the end of the line complaining to TC then you need to take further action. You could take the option of ABTA Arbitration which gives you a binding decision, is done entirely on paper, you can produce photos as evidence and your previous correspondence and the fact they have offered to refund what they say was the full cost of accommodation suggests it must have been bad but if you go down that route you must repay any compensation already accepted. You can find more details at https://www.abta.com

    Alternatively you can take legal action through the Small Claims Procedure of the County Court, you can start it on line but must be prepared to go and give evidence in person at the final hearing and depending where you live there may be a long delay before the case is heard. They often offer telephone mediation prior to the hearing but there is no guarantee as TC would have to agree as well.

    As has been said it is rare, but not unknown, for customers to get a full refund but if you got no enjoyment at all and spent your entire holiday trying to get the problems resolved, you might have a chance of getting more than the current offer
  • leylandsunaddict
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    nettie41 wrote: »
    we payed a lot of money for a holiday which was a nightmare, we had nothing but upset illness and stress. as stated above the hotel costs where 40% of total costs this was stated by the company. I am asking i payed for a package holiday this package was not met, surely flight costs should be included.

    The company can tell you what they like, but you have no way of knowing that 40% was the accommodation cost. If that is indeed the case then you're asking for over double that to include for elements that you didn't have a problem with.

    The first week was obviously an issue to you but you presumably were reasonably happy with where you were moved to or you either wouldn't have accepted it, asked for a different property, and found somewhere yourself, or just come home, but yet they've allegedly already offered to refund that week as well which sounds very fair to me.

    It is extremely rare to obtain a refund for the parts of a holiday that there wasn't a major issue with.

    As Alan says, you can go to Arbitration but their decision is binding. If they agree with TC you will have no other course of redress. You could end up getting less money than you've been offered.

    The court route can be arduous and long winded. We got to telephone mediation with a different tour operator who was quite intransigent, and they were fully prepared for it to go to a full hearing over a difference of £50. Ultimately, whether you would get anymore that way depends entirely on how the judge on the day sees things.
  • Sakky82
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    Sorry to hear that you had an awful holiday Nettie14. Hope that you got a positive resolution. Apologies also for hijacking this thread. Some good advice on here and as a newbie, I haven't worked out how to post my own thread. We haven't had the holiday from hell, but we rented a deluxe caravan/cabin in Italy for 10 days from a holiday company and were told on arrival that we couldn't use it as it was broken and told to use the campsite shower block. We found our bedsheets were filfthy later on that day. I complained and was offered new, clean sheets the next day and the use of a shower nearer to us. We were told that we would get a partial refund, but haven't yet received an offer. What should we ask for? My 12 year old son has SEN and shower blocks and a shower in a different cabin wasn't an option. Lots of dunking him in the sea and washing his hair for him by the pool. Not the end of the world, but not what we paid for! If we glamped with the same firm, we would have had the same facilities for half the price. Plus the customer service was pretty terrible. Any advice please?
  • pogofish
    pogofish Posts: 10,852 Forumite
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    Sakky82 wrote: »
    Apologies also for hijacking this thread. Some good advice on here and as a newbie, I haven't worked out how to post my own thread.

    You confirmed that you had read and understood the FIG before you could post here - so you are informed about posting threads!
  • sheramber
    sheramber Posts: 19,131 Forumite
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    nettie41 wrote: »
    we payed a lot of money for a holiday which was a nightmare, we had nothing but upset illness and stress. as stated above the hotel costs where 40% of total costs this was stated by the company. I am asking i payed for a package holiday this package was not met, surely flight costs should be included.

    Butt he second week required these flights so you did need them.
  • Heedtheadvice
    Heedtheadvice Posts: 2,461 Forumite
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    I do not want to go off topic but I think that some previous posts do raise an issue that should be discussed!.

    If one was to purchase something that was not as advertised or did not meet the SADFART rules (is that the correct one???) then it would fall foul of consumer rights legislation, would it not?

    Why then should it be that if one purchases a holiday and it fails(as in the above) should it not be reasonable to expect the same rules to apply.

    I can see the logic when separate items are purchased such as a flight and excursions but when they are mutually dependant such as flight plus accommodation or even more so a complete package....you get the point? If the accommodation is not acceptable one is not in a position to reject the flight home too!

    If it was a washing machine that would fill but not empty.......well it does half of what you contracted for in the purchase.....
  • lewisadams09
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    Hi,

    Me and my girlfriend are due to fly from Stansted to Orlando International on the 1st September, and landing back at Stansted on the 9th.

    We booked this package holiday a few weeks ago via Purple Travel (Thomas Cook flights and hotel apparently), and we were supposed to be staying at Universal's Cabana Bay hotel, which is right next to all the theme parks, which we already have already bought tickets for at £230pp. In fact, the reason we wanted to stay there is because it's barely even a two minute walk, and we'd get early access to a number to things there (including the whole waterpark).

    Today we got an email from Purple Travel saying that actually we can't stay where we've been booked for, as we're both 18 and they don't allow people under 21 to stay alone.

    The flight is in two days, and they've said they'll try to get us another hotel but it will be a long walk away from the theme parks, and again as we're under 21 we are not allowed to hire a car, and taxi services will soon add up as we're planning to go to the parks every single day.

    They're going to call us tomorrow morning to tell us what they can do, but we were wondering what's the best way to get the best deal out of them? The hotels they're offering are less in price than the cabana bay hotel, too. They said they may be able to sort out travel for us, but nothing has been promised.
  • Magdalene
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    Booked flights from Edinburgh to Rome for next Feb via teletext for 4; suppose to be a birthday present for my other half. received an email to say the flight out has been cancelled. after finally getting through on the phone, they danced around with excuses. they offered a flight out from a different airport, but still return back to Edinburgh (based on the original booking). we highlighted the issue of the car being left at the other airport, thus stuck. they then offered a flight going the day before; this would increase the cost of the hotel, due to the need to stay an extra night, charging an additional £250! call centre insisting we call back the next day to look at other alternatives, but refused a refund saying we will lose our money. whats our rights? Help!:o:(
  • bigadaj
    bigadaj Posts: 11,531 Forumite
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    Ryanair have finally conceded the right to re routing under eu law, so you should be able to force them to fly you on another airline. This may of course mean a stop and change of plane, and a longer travel time.

    The fact your trip is still 4 or 5 months away may mean that they can just cancel, I reveal the right to other options might rely on your flights being in the near future.
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