steve8482 wrote:

You definately need to write back and decline their offer, refer them back to the previous letters and keep it simple - don't rewrite everything you've already sent them. Sent it recorded delivery. Have you been keeping the Post Office receipts for all these recorded letters because you can add them to the claim. And give them time to respond before filing the court papers.

I have wriiten my rejection letter this afternoon and will be sending it 1st thing tommorrow. I have all the receipts for the recorded letters i have sent.

But you are risking more than £80 - if you lose they can claim reasonable costs against you and that could include some solicitor fees and travelling costs. Could be a couple of hundred pounds. Another issue to watch is that in some circumstances (depends how you break the claim down) they can apply to have the case heard at their local court not yours - in which case you'd have to travel to Stockport.

Although i see your point about what i could incur should i lose i have had it on very good authority that it is quite rare for a judge to award costs if the plaintiff loses in court. At the end of the day Holiday gems did not fulfill there side of our holiday contract and pay for the accomadation, resulting in this outcome. I personally cannot see how any judge cannot come to the same conclusion.

At the end of the day Holiday gems did not fulfill there side of our holiday contract and pay for the accomadation

- but from what you've posted earlier, at the end of the day they did pay! If they hadn't paid then your problem would have been bigger but the case would have been easier.

You've got to get the words right, the judge will decide based on the facts presented on the day, you can't change it later. It doesn't matter how morally right your claim is, if you mess up the presentation and the judge doesn't get what you're saying you could lose. And you can't ask for another go. In fact before it gets a hearing you have to submit a summary of the facts in writing and the judge decides whether it's worth hearing, write the wrong thing there and you may not even get a hearing.

I do have sympathy for you and think you should get more than the £100 but you've got to concentrate on clear facts if you got to court, you can't rely on the judge being sympathetic and letting things go unproved. This is the UK in 2011, life isn't fair and business usually wins.

JOANNE1505 wrote:

At the end of the day Holiday gems did not fulfill there side of our holiday contract and pay for the accomadation

I hear what you are sayin steve8482, and i should of reading back on that statement added 'before our arrival at the resort and in a untimely manner once informed of the problem. Failure to do this brought the customers distress,worry and financial hardship.

I really appreciate all the advise everyone has given me, a big thank you to all of you

This is the UK in 2011, life isn't fair and business usually wins

steve 8482,
That sounds a bit negative, even if it was not meant to be. That aside what do you honestly think i should be asking for cost wise as means of compensation? And what are your thoughts of how i stand taking on this company in court?

JOANNE1505 wrote:

Failure to do this brought the customers distress,worry and financial hardship.

Sorry, Joanne... I know that I'm like a dog with a bone here, but what financial hardship... they've refunded the cost of your mobile calls?

Steve is giving great advice here so I don't otherwise want to tread on his toes, but you will have sensed his degree of caution....

ATB,J.

I guess Joanne means the financial hardship caused during her holiday because she couldnt use money put aside for spending MG . she had to keep her spending money in her bank account in case the hotel wanted to take it .

That's my understanding anyway .

lynwestie wrote:

I guess Joanne means the financial hardship caused during her holiday because she couldnt use money put aside for spending MG . she had to keep her spending money in her bank account in case the hotel wanted to take it .

That's my understanding anyway .

Yes that is a factor in it. When we all plan, save and go on holiday we expect to carry out our plans. I had saved for over a year to go on this exotic holiday. We pencilled in and saved for the things that we wanted to do whilst there. Unfortunately because of what happened we did not get to go on the trips we had planned and read about due to our money being tied up in the account. As we will not have the monies or oppertunity to do this again £100 is not an acceptable amount. Holidaygems could of sorted out the hotel payment the next day not 5 days later.

Sorry, Joanne... I know that I'm like a dog with a bone here, but what financial hardship... they've refunded the cost of your mobile calls?

Steve is giving great advice here so I don't otherwise want to tread on his toes, but you will have sensed his degree of caution....

So are you saying merseygull that i should accept £100 and not take them to court? i am a little confused..There incompetance is a major factor in why we did not get the holiday we had planned.

Hi,
Can anybody from the travel agency community tell me when after full payment for a holiday is taken does the holiday company pay the accomodation abroad? I am interested in when Holiday Gems, part of the Global travel group that uses Triton as a bed bank pay theirs.
Question as holiday paid in full 5 months previous to departure, but had not been paid upon arrival at hotel, taking 5 days to be sorted.And bank details taken as guarantee of payment.

Am sure you can, or at least used to be able, to claim for loss of enjoyment when circumstances mar your holiday.

JOANNE1505 wrote:

Hi,
Can anybody from the travel agency community tell me when after full payment for a holiday is taken does the holiday company pay the accomodation abroad? I am interested in when Holiday Gems, part of the Global travel group that uses Triton as a bed bank pay theirs.
Question as holiday paid in full 5 months previous to departure, but had not been paid upon arrival at hotel, taking 5 days to be sorted.And bank details taken as guarantee of payment.

Sorry david,
I posted this in the General holiday enquiries because i thought that i would get an average time scale of what other companies did but asking percifically if anyone knew what these did.

Glynis HT Admin wrote:

Am sure you can, or at least used to be able, to claim for loss of enjoyment when circumstances mar your holiday.

Come the wednesday morning all i wanted was to get the 2 people i loved ie; my daughter and grandaughter on the plane and get them home safely. So glynis i can honestly say we did not have the enjoyment we deserved.

Joanne
Holiday Gems wouldn't pay the hotel. As far as I know all GTG agents' payments are made by the Global Travel Group. Presumably they then 'pay' their supplier (Triton) and Triton pay the hotels.
As to when the hotels are paid, that is down to the individual contracts that Triton have set up.

Sunaddict wrote:

Joanne
Holiday Gems wouldn't pay the hotel. As far as I know all GTG agents' payments are made by the Global Travel Group. Presumably they then 'pay' their supplier (Triton) and Triton pay the hotels.
As to when the hotels are paid, that is down to the individual contracts that Triton have set up.

Sunaddict, i realise that it is there supplier Triton that pay the hotel, but as my contract is with Holidaygems, it is surely them that have to take the responsibility for there suppliers, or am i mistaken.? They could not get in contact with the agents in cairo or sharm to get the payment made, leaving it in the hands on day 5 for the Rep to go and fetch the accountant and bring him to the hotel himself, wait whilst he paid then take him back to his office. That does not look good on GTG if one of there main suppliers Triton could not get in touch with there suppliers even via phone, leaving us fretting for most of the holiday.

They could not get in contact with the agents in cairo or sharm to get the payment made, leaving it in the hands on day 5 for the Rep to go and fetch the accountant and bring him to the hotel himself, wait whilst he paid then take him back to his office

When you say company's agents in cairo or sharm and accountant are you referring to Triton rooms staff?

That does not look good on GTG if one of there main suppliers Triton could not get in touch with there suppliers even via phone

I'm lost now, sorry. Are you saying Triton have suppliers as well, if so who were they?

Sunaddict wrote:

They could not get in contact with the agents in cairo or sharm to get the payment made, leaving it in the hands on day 5 for the Rep to go and fetch the accountant and bring him to the hotel himself, wait whilst he paid then take him back to his office

When you say company's agents in cairo or sharm and accountant are you referring to Triton rooms staff?

That does not look good on GTG if one of there main suppliers Triton could not get in touch with there suppliers even via phone

I'm lost now, sorry. Are you saying Triton have suppliers as well, if so who were they?

Over the 5 days of phone calls to and from the uk i was called by Danny he told me he was from Triton and he had been given my number to call from Jonny(holidaygems reservation agent,who we booked with and the only person who i could contact and who called me back as admin would not answer) he told me that Triton were trying to get there branch in cairo to contact the branch in sharm to pay the hotel. They could not contact them......!!The company in egypt were called NESCO so we were told. The rep that arrived and called us up on the Tuesday was from Express Bookers. I know it sound complicated because it was, we had no idea who was who and who we were dealing with. Danny from Triton was having great dificulty getting hold of the people that were suppost to be paying..... Hear in you can see why we were so traumatised that no one was going to step up and pay and it would be left to us...... and we had not got the funds in the bank to do that.

we have the 2 accommodation vouchers that we had to hand in to reception on arrival it say in the payment column QUOTE:booked and payable by: {expressbookers} on the other one headed Triton also saying to hand it in to reception on arrival in the payment column QUOTE: booked and payable by {nesco}

i can only state what we were told and what i have in my evidence paperwork. I dont know how these companies work hand in hand but the ones in egypt were slow to talk to the uk in my opinion.

Without thinking about it thoroughly and sending my brain into overload, I am at a loss!!

If you booked a package (ie full total amount only, no breakdown, with an Atol receipt) you really need to keep on at Holiday Gems, as they would be the principal.
If it was booked any other way, it is going to be a rather tangled web.

Sunaddict wrote:

Without thinking about it thoroughly and sending my brain into overload, I am at a loss!!

If you booked a package (ie full total amount only, no breakdown, with an Atol receipt) you really need to keep on at Holiday Gems, as they would be the principal.
If it was booked any other way, it is going to be a rather tangled web.

I think the conversation has got a little confusing, so to set the record straight YES i have a ATOL receipt so it is Holiday gems that i have to deal with.
I mistook one of the replies and thought that was saying that holiday gems dont pay the hotel and that triton do, and thought that comment made was saying that it was triton that i should be getting at not holiday gems. That is my mistake and i appologise for any confusion caused

Joanne

I'll PM you a tip about claiming because we know Holiday Gems read what gets written here!