Hi -hope someone can give me advice....
I booked a holiday thru First Choice for a hotel we saw in the Soveriegn brochure at the Maspolomos Grand Hotel, Gran Canaria for my family. It looked like a fantastic hotel and ideal for my two young boys aged 6 and 3 and cost £5,000.00
I received a call from First Choice about 3 weeks before departure telling me that due to a mix-up between Sovereign and the hotel they had overbooked. They said that Sovereign had offered a hotel on La Gomera (off the coast of Tenerife) as an alternative but to be honest it didn't have the same facilities and location that had attracted us to the original booking.
I have since rebooked with First Choice (for some reason!) into a hotel in Sharm El Sheikh which is cheaper and looks ok but they say there is no compensation "from Sovereign" as we didn't accept their alternative. Had we done that we apparently would have got compensation...this seems bizarre! I even have my suspicions that it was First Choice's error(?)
To add insult to injury the manager at the First Choice shop has been less than helpful and it took me six phone calls over the course of 10 days to establish this without any calls back.
I'm not expecting a fortune but it's just a matter of principle for me that if they fundamentally change the holiday I booked I think they should have to compensate.
Thanks to anyone who has any comments
Simon
Give Ros Fernihough a call on 01922 621114 she is a travel law lawyer and often assists our members. Ros will offer you free advice.
Let us know how you get on and good luck.
I agree with glynis simon .Im assuming they refunded you on the original booking and your holiday to sharm is a completely new booking or have I got that wrong
One thing I spotted in Glynis's email was this 56 day notification limit. I'm not sure if this causes a problem but our original booking was also within 56 days of departure. i.e. our departure is on 16th March, our original booking was on 26th Jan, they informed us of cancellation on 27th Feb.
Thanks
Simon
Keep on at them - check their terms and conditions. Usually when this happens they will either offer an alternative or your right to cancel with a full refund of all monies. Check what it says about compensation in either of these circumstances. If it says nothing at all then you can argue that if there was compensation available for alternative accom then there must also be compensation for cancellation as it doesn't differentiate between the two.
I'm assuming that you did accept their offer of a full refund? In these sort of circumstances the choice is either between a full refund OR acceptance of the alternative offer plus appropriate compensation for any loss of facilites as originally booked. If, as appears, you accepted the full refund then they have fulfilled the usual terms for a major change. Also, as you have been able to find something which is both cheaper and suitable I am not sure what you are looking to be compensated for. Did you incur additional costs that could not be recouped, airport carparking fees for example? If you did, then you need to stipulate this in any correspondence with them rather than asking for an indeterminate amount of compensation for an indeterminate reason.
I know La Gomera well and there are only 3 hotels of any size on the island and I can understand why you thought none of them suitable for you. None of them are family orientated or particularly geared up to the British market, so probably don't have kids clubs and to the best of my knowledge none of them are AI either, if that was what you were looking for too. Also, whilst the Parador and La Tecina are of a very high standard, I doubt that a fortnight for family of 4 at this time of year would cost £5,000. This is probably why, had you decide to accept the change, that Sovereign would have compensated you - they would have refunded the difference between what you originally booked and the actual cost of the replacement holiday. I estimate that this could have been anything up to £1,000 but as you accepted the full refund instead I can see why Sovereign think that there is no compensation due you, unlike if you had accepted their offer of going to La Gomera.
As I said, given that I assume you were looking for a very family orientated hotel then I understand your decision but La Gomera is lovely island and if the Tecina had been on offer I personally would have jumped at it - it's a superb hotel though I accept probably not one providing a kids club with English speaking staff etc.
SM
i spoke to ATOL regarding a company called chapa travel that did that 3 weeks or less before we were due to fly to turkey, they claimed that they had to change the flight times, but not by hours, days!!!!
any the short of it, is, it wasnt suitable, we evenutally argued with our rights got our refund, and went to Egypt instead;
but on principle for their attitude etc, i am taking the matter further for compensation, for breech of contract, loss of holiday, consequential loss, and the difference in cost of holiday one and holiday two!!
i am not backing down on this one.
try this link and see section 11, 12, and 15
http://www.opsi.gov.uk/si/si1992/uksi_19923288_en_1.htm
or google Statutory Instrument 1992 No. 3288
The Package Travel, Package Holidays and Package Tours Regulations 1992
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