Holiday Complaints

Do you have a holiday complaint? For help and advice post in here.
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Whilst we may offer opinions Ros Fernihough is THE EXPERT and has helped many of our members.

I have pasted the details below. For the cost of a telephone call you will know exactly where you stand.

fwh

Our members will be able to offer you advice on how best to deal with your holiday complaints and how to deal with the Tour Operators. However please remember that this will be non qualified advice. We therefore suggest you seek professional assistance from someone qualified in Travel Law.

We have teamed up with Ros Fernihough, Travel Law Solicitor, to provide the best information available.

Ros has offered our members free impartial legal advice. Please note that Ros does not read or post on this board any contact to her must be made via :-

Tel :- 01922 621114
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Hi Rita

IMHO they cannot do this to you and insist that you pay extra for your holiday. I would think that an independant person looking at your case would say that they should have known that four adults could not be accommodated in this particular hotel in one room with two double beds and asked you to choose more appropriate accommodation. i.e. two rooms or a suite, or a 1 bed roomed apartment. It should have shown somewhere on a computer system at the time of booking.

Therefore it would seem they took a booking that they could not honour. Was it a web-site booking, or telephone booking or did you book via a travel agent? This may make a difference as if you booked in a travel shop I think a consultant should definately have pointed out this hotel would not accommodate a party of 4 adults in one room.

Follow FWH's advice and give Ros a ring.

I dont see how they can force you in to paying another £800 pounds for a holiday you didn't book.

But my fear is that they may ultimately just cancel your holiday, which I beleive they are allowed to do. It will be covered in the small print in their terms and conditions so you may need to consider if this is what you really want.

Doe
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Hi Rita, I agree, Im sure they cant do this particularly as you have paid for the holiday .Im assuming full balance. when are you due to travel ??. just out of interest did you get a discount for putting 4 adults in one room . hotel room costs are based on 2 adults sharing .Have you asked what the cost would be for 2 rooms x 2 adults if you were to stay in the original hotel you booked. it may not be any difference although I suspect you may have been given 3rd/4rd adult sharing discounts
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Thanks for the advice. I've written to ABTA now and I'll probably give Ros a call too. We are due to leave 12th March, so I hope I can get this sorted before then.

I booked the holiday online, but I spoke to their customer services prior to booking. They actually suggested 4 in the room, as it would be cheaper. The booking went through ok and we have paid the full amount. It's funny, when I called them the other day about this, the customer service adviser said to me 'i dont know who told you there's a problem. Your room sleeps 4 people'. She later saw there was a problem, but it seems to me that their info on the room is unclear/confusing.

I've asked about getting a 2nd room in that hotel, but Thomson have sold out. I've checked the hotel website and they do still have rooms, but I think Thomson have sold their allocation. I was considering contacting the hotel and booking an extra room myself, it works out cheaper than the proposed costs involved with moving hotel. I'm not sure whether I should do this, or wait until I've heard from ABTA.

Does anyone know how long it takes for ABTA to investigate?
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IMO I wouldnt wait for ABTA. I would ring ros get her advice and if she says you have a good case I would ring Thomson back and say you have taken legal advice from Ros . Mention her name she is well known to the travel industry and put it in writing at the same time . that should shift thomson into action faster than ABTA would. it may be a bit risky if you were to change to a DIY booking this late in the day as you would also need to book flights . If this has been purchased as a package with thomson I dont think they would allow you to break that down . you would probably have to take a full refund from them and book elsewhere . you may be able to find a 2 room deal at your original hotel elsewhere with another Tour operator or if your feeling brave book flights and the hotel seperately.

But please please ring Ros ,believe me your mind will be so much clearer if you do. ;)
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Thanks for that. :) I'll give Ros a call next week, see what she advises.
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Question.

Having booked the holiday you will have a document that states what has been booked.

What does that say?

One other point that should have been made.

If you write to them then ensure that it is sent "Signed For" and not ordinary post.
In that way it can be tracked and they cannot complain that they have not received it.

fwh
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The first letter I wrote to Thomson, I sent it Recorded delivery and Royal Mail lost it. So since then I've been sending the letters Special Delivery.

The Booking Confirmation e-mail says:
Room 1: Double room With Shower WC Balcony Cot Space Air Conditioning
4 Adults

However at the bottom of the e-mail it says 'Maximum room occupancy is 3 adults or 2 adults and 2 children up to 12 years'.
I'd called to check about this and was told that we'd booked a 'double 4 room' so it was ok. When I called about 1 month later, they then said we were overoccupied and that we'd have to change hotel.

I asked them why they accepted the booking (and our money) if it was erroneous but they didn't have an answer. They said that the computer should not have allowed it to go through, but it did.

In the Terms and Conditions it says
'If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the Confirmation Invoice'

They have never contacted us with regards to any error, or made any attempt to correct it. It is only because I called them that I found out that there actually was an problem with the booking.
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As time is running short have you thought about contacting the hotel direct to ensure you get one of the 2 double bedded rooms? They've been paid by Thomson for 4 adults so it's only a case of trying to ensure you get one of these rooms.

Which hotel is it so we can take a look?

Of course still ring Ros on Monday :tup
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Without knowing which accomodation you have booked it, I can only give general information.

Having looked at several accomodations in Cancun, an errata appears on most of them on the first page after you have selected your accomodation, it's in a yellow box, an example of one hotel is -

EXIT TAX OF APPROX $50 PAYABLE LOCALLY ON DEPARTURE. MAXIMUM OCCUPANCY IS 3 ADULTS OR 2 ADULTS AND 2 CHILDREN UP TO 12 YEARS

It is the same if a travel agent booked the holiday in a shop. Both online and in a shop the system will let you book the holiday for 4 adults, and the booking will go through, but unfortunately it is the responsibility of the person booking the holiday to make sure they have read and accepted the errata.

If it had been booked in a shop and the agent had not read the errata and booked in error, then the shop would be liable for any ammendment fees, and if they had to book a more expensive accomodation, then they would normally negotiate any increase in the holiday costs with the customer, or waive any cancellation charges if the customer decided to cancel.

If an errata is added to a holiday after it has been booked an ammended invoice is normally sent, if it is a major change that affects the booking, then the pre-departures department would contact the passenger to inform them and to discuss any changes to the holiday.

The fact that you say it did mention about the room in the e-mail when you booked the holiday would leave me to believe that it was on the internet at the time you booked the holiday, and would have appeared on your first invoice.

I understand that you did contact Thomsons to query the room, and it was not picked up on by the particular agent. Had this been picked up on at that time, there may have been another room at the hotel to book, but ultimately that would not have changed the fact that the wrong room type had been booked by yourself.

Moving forward, the only way it appears the issue can be resolved is if you pay to move accomodation and incurr the ammendment fees and any associated increase in holiday cost.

As you say the hotel website is showing availabilty, you can contact Thomsons and ask them to request an Extra To Allocation, where Head Office will try to secure an additional room. This may not be at the same price as when you originally booked, and you would still be liable for ammendment fees, but it may work out cheaper than switching accomodation. You would have to move quite fast on that one, as it can take about a week to for a reply, and in the meantime other hotels may sell out.

I hope this is of some help to you.

Regards
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I'm not totally sure, but it seems to me that you've booked and paid for something, your booking and money are accepted, and now Thomson's are saying "We've dropped a clanger, but you'll have to pay us to correct it!"
If you've paid for it, I think it's up to Thomson's to provide you with what they've charged for.
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I'm not totally sure, but it seems to me that you've booked and paid for something, your booking and money are accepted, and now Thomson's are saying "We've dropped a clanger, but you'll have to pay us to correct it!"
If you've paid for it, I think it's up to Thomson's to provide you with what they've charged for.


You are assuming Thomson's are to blame where as if it was booked over the Internet it may well be the booker who made the mistake.
Usually most errors are man made.

On the other hand usually if booking on the Internet if you were to put to many people in the room it would tell you this and not let you proceed.
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On the other hand usually if booking on the Internet if you were to put to many people in the room it would tell you this and not let you proceed.


Unless the maximum number of people in the room was incorrectly entered onto the website database. Which has happened to me..!

Either way, as you say, all errors are ultimately man made!
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Hi everyone,

Just to give you an update. I contacted the hotel and they confirmed the booking of 4 people in a room. They've sent me written confirmation of this. They said that they never had a problem with the booking and never told Thomson that there was any issue with our booking. There was no need for any of this drama!

So we are going away as planned! I'm so happy!
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Glad your sorted, have a great time and thanks for updating us.

Sarah
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Even though the hotel say its ok but you are traveling with thomsons and its them who will decide they are will to transport you to the hotel if they say 2 adults and 2 children in a room. Have thomsons said they will honour the booking for 4 adults in a room for your chosen hotel ?
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Whether the Hotel will accept 4 adults in a room is unfortunatley irrelevant as you haven't made the booking direct with the hotel.
You have booked the holiday with Thomson whos contract with the hotel is to have a maximum occupancy of 2 Adults and 2 Children in a room. If your booking is for 4 adults there is no way Thomson will allow you to stay in one room.
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I would go back to Thomson just to be sure. Show them the email confirmation and ask if in view of the fact that they let the booking go through, and you have an email from the hotel to say its OK to have 4 adults in one room is it OK to proceed.

I dont want to panic you, but I wouldn't just rely on that email that all is OK. Say Thomson cancel your booking as it shows you with monies outstanding? You may not get as far as the hotel to show the email. Sorry to be doom and gloom, but is it a risk you are prepared to take.
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I've got my tickets for the holiday from Thomson and it has the names of all 4 of us listed as staying in the room. Our flights, transfers and the all inclusive is booked and its all on the tickets. There is nothing on the travel documentation that indicates there is a problem. I've checked with the airline and hotel, and they have confirmed the arrangements, as booked.

They cant cancel our holiday as we dont owe them any money. Thomson have never actually contacted me to say that there was a problem, or that we would need to move hotel. This all arose from a conversation with their customer service advisor on the phone, when I called them. I've never received an Amendment Invoice, stating that the booking would have to be altered. We dont have any money outstanding, it's paid for. We paid for 4 adults.

I don't think there is much of a risk going on the holiday.
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