Hi,
Wondering if somebody could advise with the following.
Apologies in advance as I know this will be a lengthy post.
My partner and I booked a one bed apartment with a double bed through On the beach with Cosmos Holidays Plc from 1st-15th May '11 in Katelios, Kefalonia.
We had organised our flights and transfers seperately.
We received an e-mail from On the Beach a week before we left, asking if we needed any extras as our holiday was imminent, this reassured us that our accommodation was in place and there were no problems.
When our taxi arrived at the resort we discovered that the complex was closed, later we found out that the manager wasn't even on the island.
We were lucky that we had a very kind taxi driver who helped us enormously. We were taken to a place called the Lighthouse Studios, where we shown a studio with 2 single beds which was at least 1000m from the beach, whereas the apartment we had booked was advertised correctly as being 10m from the beach.
My partner politely declined to stay at the alternative Lighthouse Studios as we had specifically booked a one bedroom apartment as it offered a double bed and it's proximity to the beach. We then managed to speak to Cosmos Holidays Plc's representative. She said we should have been told in the UK that our accommodation had been changed and that she could not help us that day but would meet with us the following morning.
We were left to organise and pay for our own accommodation that night. We were re-imbursed for this the following day but we weren't re-imbursed for the following night.
We met with the rep the following morning and spent a few hours with her telling us many different stories, almost all of which proved to be untrue. By this time, I was becoming ill as the manager of the place we were staying wasn't living on the premises and there was nobody to ask for extra blankets and also due to being very unsettled and not knowing where we were going to stay. The rep had mentioned that she was going to ask at a new 4 star hotel nearby, the Magnolia, if they had rooms but she doubted it, she later confirmed that the Magnolia had no rooms available and at this point promised she would have a double bed delivered to the place we had been staying in. As we spent another uncomfortable night we decided to take a walk to the Magnolia hotel as we were baffled that a new hotel so early in the season had no free rooms. We discovered there were rooms available with double beds and that Cosmos was one of the companies they dealt with. On our return, the manager of the place we were staying asked us to either pay him to continue to stay or leave as he didn't want to wait 3 months to be paid by Cosmos. We then walked through the village with all our luggage and made the 15 minute walk to the Magnolia. My partner called the rep (he had been leaving messages for her all day to no avail) and told her he expected Cosmos to pay for us to stay at the Magnolia hotel for the remaining 12 nights of our holiday. She told him they would not pay as this was an upgrade. However, Cosmos were quite happy to down-grade us with their alternative studio with 2 single beds, 1000m from the beach at the Lighthouse Studios as opposed to the 1 bed apartment with double bed, 10m from the beach we had booked.
We paid for the remaining 12 nights of our stay at the Magnolia hotel. Whilst we were there, we met 2 other couples who had similar experiences with another holiday company however, they were both informed in the UK and moved directly to the Magnolia hotel at no extra cost to themselves, the location and price of their original accommodation was almost identical to our original booking. We were advised by other holiday-makers to submit our complaint to Cosmos whilst we were still on the island. We arranged to meet the rep when we had written our letter of complaint on Fri 6th May, which meant that we had missed almost a week of our holiday by the time this was submitted.
On our return we sent another shorter letter by recorded delivery and e-mail, outlining our experience and the amount of compensation we required: the cost of the accomodation;phone-calls;extra expenditure due to going from a self-catering holiday to a hotel; lost holiday time and administration time. This letter was received on May 26th.
On 24th May, just before we sent this letter, On the beach contacted us asking for feedback on our holiday.
We e-mailed the letters we had sent to Cosmos and outlined what had happened.
About a week later, we received a letter from On the beach dated 27th May attaching a letter from Cosmos dated 24th May. It said that as Cosmos didn't have our contact details they had sent their response through On the beach. We had given our postal address on the accompanying letter of complaint submitted in Kefalonia on 6th May. Cosmos were using the booking as being the Lighthouse Studios and this was not the booking we made. However, as they said they were going to investigate, we waited to hear what would happen.
On 29th June, having received no acknoldgement to our recorded delivered letter or our e-mail to Cosmos, my partner called Cosmos to be informed that the matter had been settled and a cheque had been sent to On the beach. My partner asked the amount on the cheque and why it had been sent to On the beach? The person who he spoke to said they were unable to give the amount or a reason as to why it hadn't been sent directly to him. My partner then called On the beach and they said they hadn't received the cheque and would return my partner's call later that day. They didn't call him back.
On 7th July my partner called On the beach only to be told they would get a manager to call him back. They didn't call him back, however that day in the second post we received a letter from On the beach dated 1st July with a letter from Cosmos dated 17th June and a cheque for the amount we had paid for the 1 bed apartment we had booked with them in the first instance.
The letter varied in who it was addressing i.e. it isn't clear if the letter is addressing On the Beach or my partner. However, from what we can make out, it seems they are saying that Cosmos informed On the Beach on 21st April that our accommodation had been changed to the Lighthouse Studios and that it would be a studio not a one bedroom apartment. Cosmos went on to say that although my partner had requested a double bed this was deemed "a special request and as an extra service for which a supplement is not provided are never guaranteed." Cosmos say this is pointed out in their brochure (which we didn't receive) and on the customer invoice (not on the invoice we have). It was because the 1 bed apartment offered a double bed that we booked a 1 bed apartment and not a studio with the same proprietor. Cosmos go on to say that their rep did everything she could to help and they did not refer to our recorded delivered letter or the letter we sent in Kefalonia outlining the way we had been continually messed about, stalled and told one untruth after another. Believe it or not, I have omitted an awful lot of the to-ing and fro-ing and general confusion we endured during those first 3 days. Cosmos say that they offer the cheque in recognition of all that we have said, however they haven't acknowledged either of our letters, nor addressed the points therein.
At this stage we are unsure what to do next. Can somebody advise of our next step to take? Would it be another letter refusing their offer and returning their cheque? Or should we try to find a solicitor who might be able to help? We don't have much money but we feel so strongly about how badly we were treated and as it was our first holiday in 3 years, very upset to have missed half of it.
Apologies once again for this very long post.
We can submit all letters on request.
Many thanks in advance for reading.
the first problem here seems to be poor communication from OTB - see here http://www.holidaytruths.co.uk/viewtopic.php?f=43&t=102756&start=100 for 6 more pages about it!!!
What really isn't clear from your post is who's idea the Lighthouse Studios were. Since you had booked the transfer yourself, presumably the driver knew nothing of what Cosmos were doing? Which begs the question, if Cosmos had informed OTB 2 weeks earlier that your booking had been changed then where were you supposed to be and why didn't the rep know when you called her on the first night? Also, why did you go to the Lighthouse before you had contacted the rep?
If the Lighthouse was where you had been changed to, were the single beds you refer to some distance apart and not just pushed togther with seperate bedding. It is common for 2 singles touching to be classed as a double room in many countries, a proper double bed may well be classed as a special request and not guaranteed.
What you really should have got was a refund of what you paid out for the alternative accomodation - some compensation as well for the messing about would have been nice. I take it by refunding the original payment you are a bit out of pocket, how much?
Your big problem here is who to actually go after and on what grounds. I've no doubt that the OTB T&Cs say they act as your agent in dealing with Cosmos but they haven't done a very good job of it. Cosmos may have had valid reasons for changing the booking and were right to deal via OTB at first since you technically appointed them as your agent but once there they appear to have let you down.
We were lucky in that our taxi driver knew the local people very well, I don't know what we would have done without him.
For the first couple of hours, we had no idea what was going on and it was only after we had been shown and declined The Lighthouse Studios, that we spoke to the Cosmos rep, who then informed us that our booking had been moved to the Lighthouse Studios.
As for the difference in cost - we are about £400 down on accommodation alone; this is without losing almost a week of our holiday, the stress, illness as well as administration time.
I understand your point that it's difficult to know who to go after, and yes the T&C's for OTB do claim that they act as an agent only. However if Cosmos did send OTB an email then surely it is up to both Cosmos and OTB to sort out their culpability but it doesn't explain why we were misled for 3 days of our holiday and told one untruth after another. Nor does it compensate for the fact that we missed almost a week of our holiday dealing with this, whilst 2 other couples in exactly the same circumstances were upgraded immediately.
Cosmos expected us to down-grade and be happy with that - the place that we booked had studios as well as 1 bed apartments and we opted for the apartment in order to secure a double bed.
If you have let your customer down, i.e taken their money for a service you cannot deliver surely that is breach of contract? Or does that not apply to holiday companies?
Thank-you for taking the time and trouble to respond in any case.
breach of contract does apply to holiday companies but their contracts always have a clause that allows them to make changes - I doubt very much that they have fallen foul of that. The Cosmos T&Cs that I can find do allow them to change accomodation, by the sound of it the place you booked simply closed down (or didn't open at all) and dropped them in it. In this case they could provide you with an alternative, if it was a lower standard you could cancel within 7 days of being informed. And that's where it starts to unravel because OTB were your agents not theirs so the lost message is not the fault of Cosmos. Technically Cosmos complied with their contract, having become aware of a problem with your booking they made alternative arrangements and sent notification via normal channels. So the refund of the original booking is actually more than they needed to do.surely that is breach of contract? Or does that not apply to holiday companies?
OTB seem to be the villains here. It's their oversight that left you with unsuitable accomodation and the need to find somewhere else. The legal argument here is a bit odd. They act as your agents in handling the booking and somewhere along the lines they got a fee for that service. By not passing on the notification from Cosmos you could argue that they failed to exercise reasonable skill and care in supplying their service (booking agent) to you. Because of that - and not because the alternative wasn't any good - you might have a claim for reasonable related costs . Assuming you didn't go overboard in choosing the Magnolia it would be reasonable to first ask for the difference in amounts paid less the refund already given by Cosmos. You could also ask for something for the hassle but you won't get away with anything extravagant, to start with any claim for illness would need to be back up by a doctors report. But OTB will also have their T&Cs. which may mention contacting them directly if you have problems, they may say they could have got you somewhere else for less. or that it would have been the same price but they could have saved all the hassle (and therefore blow your claim for time etc.)
Are you saying that the difference between what you originally paid (and were refunded) and what the Magnolia cost is so great that even with the refund you are still £400 out of pocket?
Cosmos were correct to only deal with OTB, as they were the agent. Your file at the agents will remain open until such times as the complaint is completed. They keep a copy of all correspondence, hence one reason all monies and correspondence are sent to the agent to forward.
OTB are useless at best and unprintable at worst.
Your comments have been really useful, although we're still in a quandry as to what to do next....
In answer to Steve - are we still £400 down? we will be about £320 down with the refund from Cosmos on accommodation alone. We did spend more by staying at the Magnolia but not much more than we were being charged to stay at the place we were in for the first 2 nights. The Magnolia was in fact the only place in Katelios that had availability of a double bed, with the exception of another big hotel - we could not afford to stay there as it was more than double the rate of the Magnolia. Believe me, we searched high and low for alternatives but it was early in the season.
In terms of contacting On The Beach, our invoice stated that OTB are agents only and our contract is with Cosmos. We did consider calling OTB, especially when we were left stranded on that first day and later when we were being told countless lies, however, my mobile wasn't working and my partner only had a pay-as-you-go phone with a limited amount of credit on it, the calls to OTB cost 50p per minute + network costs - we thought that as the contract was with Cosmos therefore it should be Cosmos who dealt with our problem and we needed to be careful with how much we spent as there was nowhere in Katelios to top-up a mobile phone.
In response to Sunaddict - the place we originally booked had studios with twin beds and 1 bed apartments with double beds - were we wrong to assume that by paying extra for an apartment that a double bed is a request? If I advertise one room as having twin beds and one room as a double - am I not making the differentiation between 2 singles and a double bed?
Can we request from Cosmos a copy of the e-mail they sent to OTB?
Do we have a case to put to OTB if we get this e-mail to ask for the remaining compensation we initially asked from Cosmos? We asked for costs of phonecalls, wasted holiday time - 6 days; excess spent going from self-catering holiday to hotel holiday and administration costs. Bearing in mind OTB charge £80 for admin costs when the client wishes to change hotels. We wrote a 4 page letter in Kefalonia - which outlined 3 days of misery, this took almost 2 days to complete and we have had to write a letter and e-mail as well as make various unreturned calls since our return.
Any advice on what we do next would be appreciated.
Keep any complaints letters short, sharp and to the point. 4 pages is 3 pages too long, and unlikely to even be read properly, or it will be put to the bottom of a pile. State only the main points, in bullet point style. They are not interested in how you felt, what other people said etc - only facts, that can be proved or disproved.
Quite often double beds are two singles pushed together. We've experienced that quite often. Not nit picking but you didn't pay extra for a double bed, but an apartment, which you should have received. There will most likely be something somewhere, in small print, about guaranteeing bed types, but surely the main part of the complaint isn't about a bed type?
Your contract was with Cosmos, but OTB, as the agent should be assisting in sorting this out. Even more so, as it appears to be their fault!
It's too late now, but avoid middle men like OTB. As you have stated they charge £80 to amend accommodation, that's on top of what the accommodation provider charges to amend. There is no justification for those sort of charges. A high street agent doesn't charge anything. Just go straight to the horse's mouth (so to speak).
In response to Sunaddict - the place we originally booked had studios with twin beds and 1 bed apartments with double beds - were we wrong to assume that by paying extra for an apartment that a double bed is a request? If I advertise one room as having twin beds and one room as a double - am I not making the differentiation between 2 singles and a double bed?
The sleeping arrangements were clearly important to you but the issue of whether a room has twin beds or double beds is not really important here in the scale of things. It might be why you chose the original place but are you really saying that had the Lighthouse been able to provide you with a studio with a double bed that there wouldn't have been a problem? The real issues are that:
1) You paid extra to have a 1 bedroom apartment with extra facilities over and above what you get in a studio.
2) This wasn't provided and you were downgraded to inferior accommodation which you could have booked for less in the first.
3) Your complaints about both of these issues weren't addressed whilst in the resort and that Cosmos's in-resort customer service fell below the standards one ought to be able to expect of a major TO.
4) The follow-up to your complaint once you were home was also bungled due to poor communication between OTB and Cosmos passing the buck backwards and forwards between themselves.
If you keep focussing your complaint on the twin/double bed element you are letting both OTB and Cosmos off the hook re the issues above and this is why as far as they are concerned they are going to argue that the problem is sorted - they've refunded you with what you paid for the twin bedded accommodation that you didn't want and that you arranged your own alternative accommodation which did have a double bed.
And finally, are you sure that the 1 bed apartments were described as having a double bed as opposed to having a double room? A 'double room' doesn't necessarily mean a double bed in my albeit limited experience of the Greek Islands - it just means that it sleeps two people. Having double beds in apartments and hotel rooms reduces the letting opportunities for owners because it means that only couples will book them rather than just two friends holidaying together. Hence why so often the beds provided are singles that are just pushed together when it's a couple that have booked.
SM
PS Bear in mind that none of us who have replied here are legally qualified - for a legal opinion on your rights and you likelihood of being able to get additional compensation you would be well advised to contact Simpson Millar whose contact details are in the banner in the top righthand corner of the page.
I am getting bogged down with the double bed issue albeit very important to us.
You are right in pointing out, the alternative Lighthouse studios were inferior and we were let down by the Cosmos rep in resort.
I called Simpson & Millar yesterday but they said they only deal with holiday illness or accidents.
Any advice on who else might be able to offer initially free advice as to whether we take this further?
Many thanks to all who have replied so far, much appreciated.
I called Simpson & Millar yesterday but they said they only deal with holiday illness or accidents.
I'm very surprised by that because whilst I've never had need to use them, a lot of members have in similar disputes with TO/TAs and had very successful outcomes.
SM
We can also offer advice in relation to problems with holiday bookings, flight and baggage issues, and accommodation problems that you may have faced.
SM
Have emailed and asked for a representative from Simpson Millar to clear up any confusion re the above.
http://www.holidaytruths.co.uk/viewtopic.php?f=49&t=152292
Getting back to this problem.
The contract for the room was with Cosmos. They appear to have done what they said they would in their T&Cs. assuming that they sent notification of change to OTB when the said they did. You weren't really "let down" by the rep, Cosmos had sent you notification for the change, got no response and assumed it was accepted. Then the rep suddenly gets a late night call and is dropped in it. In fact on a room only booking I'm not even sure resort rep service is part of the deal.
The contract (even though it is implied) for the work of acting as your agent is with OTB. THIS IS THE BIT THAT WENT WRONG and the cause of the loss. It's as bad as them booking the wrong dates, you wouldn't blame Cosmos for that. You didn't ask Cosmos to recommend an agent - you asked OTB to find a room and they took the booking to Cosmos.
If OTB had done their job properly there was a chance to cancel with Cosmos, get that money back (that's in the Cosomos T&CS, change of accomodation to lower standard, which form the contract OTB are so anxious to point to) and look for somewhere else. Don't get bogged down in details of beds or the rep's performance, it's just adding to the confusion. Certainly you will need a copy of the Cosmos email to OTB to prove this but going on past events with OTB I'd believe Cosmos for now. But OTB have the escape hatch of you not contacting them when things went wrong.
This will be really difficult to take to court without a solictor and they will only accept no win, no fee cases if they are very sure of winning. And you want to claim in excess of £500 whilst saying that it wasn't worth a 50p minute phone call - that won't look good in court.
Err, when a member asked for help regarding dodgy T&Cs she posted that Simpson Millar had helped to sort it out! That was only last week Getting back to this problem.
The contract for the room was with Cosmos. They appear to have done what they said they would in their T&Cs. assuming that they sent notification of change to OTB when the said they did. You weren't really "let down" by the rep, Cosmos had sent you notification for the change, got no response and assumed it was accepted. Then the rep suddenly gets a late night call and is dropped in it. In fact on a room only booking I'm not even sure resort rep service is part of the deal.
The contract (even though it is implied) for the work of acting as your agent is with OTB. THIS IS THE BIT THAT WENT WRONG and the cause of the loss. It's as bad as them booking the wrong dates, you wouldn't blame Cosmos for that. You didn't ask Cosmos to recommend an agent - you asked OTB to find a room and they took the booking to Cosmos.
If OTB had done their job properly there was a chance to cancel with Cosmos, get that money back (that's in the Cosomos T&CS, change of accomodation to lower standard, which form the contract OTB are so anxious to point to) and look for somewhere else. Don't get bogged down in details of beds or the rep's performance, it's just adding to the confusion. Certainly you will need a copy of the Cosmos email to OTB to prove this but going on past events with OTB I'd believe Cosmos for now. But OTB have the escape hatch of you not contacting them when things went wrong.
This will be really difficult to take to court without a solictor and they will only accept no win, no fee cases if they are very sure of winning. And you want to claim in excess of £500 whilst saying that it wasn't worth a 50p minute phone call - that won't look good in court.
I e-mailed Simpson and Millar and somebody has called me back.
He has given me advice although as so many of you here on the forum seem to be suggesting that OTB are
the bigger culprits, I am still confused.
I will consider all the options before going forward and perhaps re-contact Simpson & Millar to clarify a few issues.
Just to clarify on a couple of things you said: we didn't arrive in the middle of the night but at 2.30pm local time. We worked on the documentation we were given and that stated that our contract was with Cosmos - therefore we contacted the person who represented Cosmos. The reason we considered calling OTB was because we were stranded - it wasn't a question of not wishing to spend 50p on a phonecall but the fact we were in a small fishing village which didn't even have an ATM never mind access to top up a british mobile.
We had to make decisions based on what was available to us. The compensation is based on the extra money we had to pay out in the circumstances we were left in.
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