Hi All,
Looking for a little advice and hoping some kind person out there can help me out.
We booked a First Choice holiday at their Costa Del Sol Holiday Village in July this year. The holiday was for two weeks and cost £4339.00. Having stayed at the Holiday Village last year, we felt sure that we would have equally as good a time there this year - alas it was not to be. To cut a long story short, I have decided to copy and paste the letters I have sent to First Choice and their responses:-
FIRST LETTER
Dear Sir,
RE. FIRST CHOICE HOLIDAY VILLAGE - COSTA DEL SOL
Following a fantastic ten day holiday at the above resort in August 2010, we decided to book a two week holiday starting on 19th July 2011 and ending yesterday, 2nd August 2011. It is with much regret that we find ourselves having to write to you to express our disappointment in this year's trip.
We paid over £4,300.00 for this year's holiday. This was our only family holiday and we had saved hard to pay for it. It was £1600.00 more expensive than the same holiday last year, although this year's trip was four days longer.
On arrival at the Holiday Village, we were asked to wait for our room to become available, but were given our All Inclusive bands and were able to use the snack bar. We visited reception on two occasions and were eventually given the keys to room 021 on the ground floor. We later found out that another family had rejected this room and were moved into the other wing of the hotel, presumably into our nice quiet room, whilst we were passed off with their reject room 021.
The noise coming from the Show Dome (literally 2 metres away from the room) was deafening from 7.30pm until midnight every night. On most occasions we were kept awake past 3am by late night revellers who, after ordering six pints each from the Oasis bar (presumably to last them a few hours so they didn't have to pay for beer at the Irish Bar), would sit at the tables outside our window, laughing, guffawing, shouting and screaming, whilst allowing their children to stamp around on the stage singing and shouting at the tops of their voices. There were only around two or three nights where we managed to get to sleep before 1.30am and with two children aged 8 and 9, this was far from ideal, causing repercussions for the next day's activities.
After two days, we requested a change of room, but were informed that there was no availability. We left things a few more days and again requested a change - again no availability. Unfortunately, I am disabled and required a ground level room, otherwise at this stage; we would have been prepared to accept the garden shed if it meant we could have some much needed sleep.
The incessant noise was relentless and nobody from the hotel seemed interested in moving people on. Obviously, by 3am, all the Reps had gone home and the show dome was at the back of the hotel, but Security at least would have been able to hear the raucousness and totally uncalled for noise, which I am sure must have kept up other people besides us. I am enclosing a disc containing photographs of the proximity of the show dome to our room and also some video evidence of the noise levels both inside the room and on the balcony. However, as you will see from the photographs, our room was the closest of the 500+ hotel rooms in proximity to the show dome
I honestly believe that this room needs serious attention to make it habitable for holiday makers. It should, at the very least, be soundproofed and double glazed and prospective customers should be advised that their stay may be subject to elevated levels of noise pollution. Furthermore, as for our mountain view, two windows were completely eclipsed by the giant show dome and we could hardly see a thing.
After having a fantastic holiday last year, this one was completely ruined by the room location. In the end, everything we did was timed around the show dome. We only made breakfast a handful of times, due to being kept awake half the night (you are more than welcome to check this with the hotel) and even during the day, when we were exhausted and looking forward to a peaceful afternoon nap, they had to be timed to the nano-second, due to rehearsals and daytime Widget Woadshow performances - all performed at the show dome.
There were a number of other small problems with the holiday; the minibars were not stocked daily as advertised in the brochure, the El Faro restaurant was not open this year even though it was advertised as being available in July and August, my daughter had a nasty fall down some stone steps at the Beach Club, injuring her back on the last day and the film on the inbound flight was not announced by the cabin crew and, after half an hour, I was alerted by my eight year old son to the fact that it was a 15 certificate and included two naked men doing heaven knows what!!!!.
However, these problems, whilst perhaps troublesome for others, were nothing compared to the room from hell. We paid alot of money both last year and this year for our holiday and expected, at a family resort, to get a good night's sleep. Although too long in the tooth now, our one holiday this year was reminiscent of a Club 18-30 bash than a fortnight at the Holiday Village!!!
We are sure you will agree, upon reading this letter and viewing the evidence attached, that the noise levels in the room were unacceptable for a family holiday. We had planned to visit other Holiday Villages over the coming years, although we now have serious reservations about spending our hard earned cash on a holiday from hell, as this one turned out to be.
We would appreciate a response as soon as possible, both to advise us about measures put in place to ensure other families are not subject to the problems with room 021 and also to suggest remedial action for our ruined holiday.
Yours faithfully,
THEIR RESPONSE
Apologised for inconveninece and said they had passed our comments on to the holiday team. Said that it was hotel responsibility and that it was nothing to do with them, basically. However, they stated that the room was VERY NOISY AND CAUSED A GREAT DEAL OF DISRUPTION TO US AND OUR PARTY - Without Prejudice of course. No offer of refund or compensation.
SECOND LETTER
Dear Ms ,
RE.
Thank you for your letter of 5th September 2011, concerning our holiday complaint.
We are pleased that our comments are to be passed to the Resort Management and note that you plan to act on the points raised to ensure no loss of enjoyment to other families.
However, your letter has made no effort to recompense us for the total loss of enjoyment experienced on our holiday even though you agree the allocated room was "very noisy and caused a great deal of disturbance to us and our party".
As you state, room allocation is at the discretion of the hotel and I would refer you back to our previous letter, which explains how we reported this to them on two separate occasions and requested a move. As already stated, we were advised of no availability and therefore our only option was to remain in the room.
As your letter states, we did not pay any room supplements, however this did not affect our holiday at the resort last year and we were not advised that the room allocated this time was above the entertainment area and was subject to incessant and continuous, literally unbearable levels of noise, which would have an adverse effect on our entire holiday.
We feel that we are fully justified in requesting a refund of the holiday cost. Please be assured that we are not interested in claiming extra compensation, we want the holiday we were promised and paid for and nothing else.
We would expect to receive your cheque for the holiday cost of £4139.00 within ten days of the date of this letter. At this point, should the refund not be acceptable to you for any reason, we shall file a claim in the small claims court and register our complaint with ABTA.
We look forward to hearing from you in due course.
Yours sincerely,
Received no response from them, so on 5.10.11, filed claim with MCOL. Just received form today saying that FC have filed an acknowledgement of service and intend to defend the entire claim. Am I wasting my time, or is this general protocol designed to put me off going through with court???. Would really appreciate some advice on this.
Many thanks,
S4R4H
I'm no expert but as you carried on with the holiday and didn't find it bad enough to look around for other accomodation or decide to return home, I doubt whether you'll get a full refund. I'm not saying that that's fair because in your situation I'd probably have braved it out like yourselves. I would have been too afraid to book and pay for alternative accomodation in case my fight for a refund was rejected which would leave me very much out of pocket.
As the TO has acknowledged the unacceptable level of noise, I would imagine you are entitled to some percentage of your cost but as usual you'll have a fight on your hands.
Sorry, I have no experience of taking a TO to a small claims court so I can't advise whether they are calling your bluff or not. Hopefully another poster with more knowledge of this aspect will be able to advise you.
All the best with this.
Thanks for your reply - no we didn't file a complaint form, but we did log the complaint verbally with Reception on two occasions - we didn't realise the significance of this step unfortunately, is this likely to be a major problem???.
There was absolutely no way we could afford to book in somewhere else - this holiday was AI and we had only brought a few hundred pounds in spending money for souvenirs - having been to the HV the year before, we felt confident that this was all we needed.
Thanks again,
S4R4H
I'm afraid your failiure to log the complaint in writing with your rep could very well be a huge stumbling block for you. It's a wonder it wasn't the first thing the TO asked you in their firt letter to you. Logging a signed complaint with the rep is the first step to take when you are disatisfied to the extent you were with any aspect of your holiday, as not doing this is normally the first thing the TO throws back in your face when chasing up a monetary payment. A verbal complaint is not enough as that can be denied by the party concerned (be it the rep or receptionist).
Maybe your photos and sound recordings will be enough but please bear in mind for the future, the importance of a proper written complaint in the resort.
Onca again I wish you well. please keep us updated as to how you get on.
sorry to hear that your holiday was spoiled.
Something that sounds strange to me:
Said that it was hotel responsibility and that it was nothing to do with them, basically.
How can they say it was nothing to do with them?
Surely your contract was with the company you booked the holiday with.....First Choice.
I'm assuming it was a package you booked.
One thing to consider:
you did have the flights and the food & drink and some of the activities for 14 days whilst you were there so I doubt you'd get the full cost refunded.
How can they say it was nothing to do with them?
Surely your contract was with the company you booked the holiday with.....First Choice.
I'm assuming it was a package you booked.
I think that they are saying that it has nothing to do with them because they were not made aware of the complaint at the time and given the opportunity to sort this out while the OP was in resort. I also suspect that this why they are intending to defend the case at the small claims court. They seem to have decided that they have a good case that will be cheaper for them to defend than to settle - otherwise they would have settled. Whether they would have been able to negotiate a room change for the OP or not is neither here nor there now - their argument is almost certainly going to be that if their rep or customer services in the UK had been made aware of the situation at the time, that they would have been able to do something if they'd been given the chance. Most TOs have something in their T&Cs to the effect that if you have any complaints, these must in the first instance be raised with the rep or the UK office whilst in resort.
For what it's worth now, Sarah, I think that the fact that you don't have anything in writing from the hotel to prove that you requested a room change that was refused and didn't contact the Rep or FC immediately you realised how unsuitable the room was will be a major problem. In these instances, by all means give the hotel a chance to solve the problem first but if that doesn't work you really do need to then contact the TO rep as soon as possible. And if that doesn't work then make a formal complaint in writing to the TO (via the complaint form that the rep is required to give you) or with the local office in resort. You do then have a paper trail in place that evidences the fact that you gave them the opporunity to deal with your complaint at an early stage and that their inability to deal with it at the time is the focus for following up the complaint once you get home.
This would certainly be my holiday from hell too and I would have been just as unhappy as you but unfortunately, the absence of that paper trail means that FC might well now try and portray you to the court as a chancer who wasn't serious about the complaint at the time and, having ate and drank your way through a fortnight's AI, is now trying to get a full refund for a holiday that obviously couldn't have been that bad or you'd have been on the phone to them from the start trying to get things sorted. Please be assured that I'm not saying that I think that this is the case - just warning you that there is a good chance that that is going to be FC's line of attack when the case comes to court.
I'm not familiar with the whole 'holiday village' thing - it's not my sort of holiday - but is the resort you stayed in actually owned and run by FC? If it is, as opposed to somewhere they block book for packages, then you could possibly argue that you did inform them and give them a chance to solve the problem when you contacted Reception but the absence of written proof of your complaint at the time will still be a stumbling block.
SM
Thanks for all the input - I do feel a bit of an idiot by trying to sort things out with the hotel as opposed to the Rep now.
Their letter in it's entirety is below:-
Dear
Thank you for your letter regarding your holiday to Costa Del Sol.
I'm sorry you were dissapointed with your room, I appreciate you must be very frustrated.
From your contact with us, I can see you were allocated a room above the entertainment venue. This room was very noisy and caused a great deal of disturbance to you and your party.
I am sincerely sorry about this and have taken the time to look into the case. I can see from your booking that you haven't paid any additional room supplements.
Room allocation is under the discretion of the hotel. We do recommend issues such as yours are reported when overseas to one of our Holiday Advisors or to our 24/7 Holiday Line.
Please rest assured that I have passed on your feedback to our Resort Management Team so we can improve our Customer Service.
Finally I would like to thank you for taking the time to write to us and to reassure you that we will be acting on the points which you have raised. I do hope that despite your experience on this occasion, you will not be deterred from considering Thomson when making future travel plans.
Totally understand how our complaint could be mistrued into thinking we had a fantastic holiday and just trying to get a refund, but we did travel to the same place last year with no problems whatsoever - this is the first time we have ever made a complaint about a travel operator and suppose we have been quite naive about their rules and methods.
Have already paid £100 to MCOL and don't want to pay out any more if the case will just be thrown out - suppose we will have to see if there is any legislation re. noise which could help us.
Thanks again,
S4R4H
I'm not entirely sure what a Rep could have done for us in any case, if we had reported it to them?? - as far as we were informed, the hotel was fully booked (it was at the start of the school hols) and there was no room on the floor we needed.
S4R4H
They keep a copy and give you the carbon copy.
I went to Portugal a few years ago and didnt have a rep or take any photos but I contacted Ros Fernihough who was a travel solicitor that was helpful to HT members.
She managed to get our hotel costs back as we had already had the flight and transfers these couldnt be refunded.
This was for building work taking place in the hotel while we were there.
Unfortunately she has now retired but another company Simpson Miller may be worth contacting.
I find its like when trying to resolve any complaints with a tour operator.
Sounds like you had a hard time, but I doubt very much you have any chance of getting a full refund. You had the flight, the transfers, the food, the beverages, the entertainment etc etc. You cannot claim for anything that was ok. Had the rep been aware she may have been able to do something, or even offer you a hotel move if there was nothing else available where you were staying.
Re legislation, don't forget the Spanish aren't quite as hot on rules and regs as the UK.
To warrant a full refund the noise would have had to have been horrendous and midnight is late but not that late on holiday, even for lot's of children (not that my son was up at that time, but you do see a lot on holiday that are). As for the revellers hanging around afterwards, did you contact reception and ask them to get security to move them? If no one was complaining they would leave them.
All just my opinion, and no offense meant.
I wish you luck, but as with all tour ops, you will need it.
Midnight would have been fine - if only!!! Many nights it was 3am before the hardened drinkers were moving away from under the window
re this:
Have already paid £100 to MCOL and don't want to pay out any more if the case will just be thrown out - suppose we will have to see if there is any legislation re. noise which could help us.
I'd give serious thought to whether you are going to proceed with this action - unless you have found some relevant legislation.
First Choice have alread given (imho) a good pointer to what they are going to defend on:
We do recommend issues such as yours are reported when overseas to one of our Holiday Advisors or to our 24/7 Holiday Line.
Plus the fact that you did have flights and meals and drinks and use of amenities out of the total cost of your holiday.
I've read posts by some people who say that they apportion a certain percentage cost to flights, accommodation etc, I've not sure if this is correct and if it is, how it works for AI.
It may be worth speaking to the solicitors already mentioned (Simpson Millar) to see if you have any sort of case worth persuing.
There are 2 threads on this forum, just above your post about this company and what they do.
I think you were proably hasty in giving them only 15 days to respond before starting your claim, but hey! hindsight is great.:smile:
Please do let us know how you get on.
FC'll be well aware that you must report any complaints to either the rep or themselves in order to allow them to put things right in resort.
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