Hi Janie,

Can you give us more details? Who you booked with etc etc.

Cheers

Chris

Thomas cook Travel LTD was the acting agent I wrote the complaint to them.
The holiday was Flexitrips who replied to the complaint who said they have forwarded it to their supplier.
I then received a letter from Hotels4u. customer service executive.

Their response was although they acknowledge the fact that my grevience is genuine and that the manager spoke with them they are not responsible neither is the hotelier or property manager for the behaviour of other guests, they say clearly other guests have to be held responsible for their own actions.

thanks
jane

Janie I am sorry to hear how horrible your holiday became when these lads wrecked your peace and quiet. Sadly I think that there is very little you can actually do now, except perhaps educate the rest of us.

I wonder if it would have been worth getting advice from the local police ... though I fear that if the apartments were considered private property there would be nothing that could have been done unless there was a Spanish equivalent of French law - that it is illegal to disturb the neighbours and the neighbourhood after a certain time at night ....

It must feel very frustrating, both at the time and now when there seems to be no recourse.

Years ago we had a similar problem in Gran Canaria, I must admit after a few nights of it I got up, went to their room, stood back and kicked their door open in temper and threatened to get the police. I think the shock of seeing me standing there in my nightdress and the securityguard running to my aid seemed to work as they quietened down for the rest of the holiday. I am not an early to bed person myself but I do expect to be able to sleep when I eventually get to bed and we are always careful not to make a noise when we get in. Sorry this spoiled your holiday, not what you want when you thought you were going away for a relaxing family holiday. I think it is wrong that you cannot be compensated when the holiday company acknowledge that you had made a valid complaint. Surely the noisy people should have been thrown out.

""Surely the noisy people should have been thrown out.""

I think the problem might be that a block of apartments such as this one might not all be owned/managed by a holiday company or indeed by local agents, just some or most of them .... the problem would be if these were 'owner/occupiers' or people who had been allowed in by the owners. And of course, trying to find out who the owners were, would be even worse than looking for a needle in a haystack ...

Was there no other room they could have moved you to?
I don't really think that the tour operator can be held responsible for the clientele that is in a particular room, at a particular property, on particular dates. If the accommodation they had sold you had been sub standard they would maybe been able to move you to a different property, but sub standard clientele is something that is beyond their control.

I'd have a word with Simpson Millar Solicitors on 0808 145 1358 they will offer you free advice.

http://www.holidaytruths.co.uk/forum/simpson-millar-llp-holiday-claims-team-t149252.html

I agree with the having a word with Simpson Millar, I disagree that a hotel/tour operator can absolve themselves completely about the quality (for want of a better word) of the other guests. Hotels do have a responsibilit if it is seriouly impinging on other guests holidays. There are often terms and conditions associated with conduct of guests and years ago we were in a hotel in Gran Canaria where some quests were in effect thrown out due to their unsuitable drunken and intrusive behaviour.

It's a complete cop out to say there is nothing that can be done. Most hotels just stick it in the 'too difficult ' basket and let the innocent holidaymakers suffer.

I agree if it's a hotel, or apartments that are all rented out by an agent, but if any are privately owned there is not a lot that can be done (well not in a short space of time ie holiday). It's like when you have very bad neighbours at home.

Hi thanks for all replies and advice
I have to write another letter, ( Thomas Cook advised) as they said it often takes 2 letters.
My argument is the owner took 3 nights (4 days of our hols) to speak to them they continued to carry on with noise, my partner also went up and spoke with them, there was no other room for us , I asked this on the 2nd day.
The resort helpline could not help unless I had the cost for another apartment ( which I did not )
My argument now is "Who is responsible"?
Does this mean the next time I am away on holiday and cause a riot and there would be nothing anyone could do as no- one is responsible but myself.

The apartments also advertise on their site that no Stags or Hens allowed the whole of the apartments beside 2 other families were occupied by large groups of males.

There is no security or manager on site at any time and the housekeeper finished at 5pm.
So while all the carry on was going on we had no one we could report it to, to sort out.

In total I paid £2700 for 2 weeks.

I have asked for a like for like holiday in price as way of compensation.

Thanks
Janie

I'm still a bit confused and you need to provide more nformation before other members can help because there a number of factors that could affect you're claim.

1) Was this a self-catering apartment or a hotel. You refer to as an apartment at first but then say that you requested they move you to a hotel and that there was no other room available. If you were in a SC then there were unlikely to have agreed to you move you to a hotel and instead at best would have done like for like.

2) What was the name of the complex you were staying and was the entire block in the ownership of the same people? This will make a difference - as others have pointed out it is common in some places for agents to act for individual owners and can't be held responsible for the actions of other people's tenants. I have regularly stayed in SC apartments on La Gomera in the the Canaries and it's not uncommon for different falts to be owned by different people.

3) I'm not sure who your contract was with because it sounds as if you bought it via Thomas Cook acting as a TA but that the TO was Flexitrips? But was it a standard ATOL package or a dynamic package? I ask because of your reference to Hotels4u. The regulations that apply can be different depending on whether it was a traditional package or a dynamic one. If it was a dynamic package, your booking confirmation should state who your contract was with for the accommodation and this will be the company that you need to pursue the claim with. If it was a dynamic package then any compensation element will not cover the flights element because presumably they were OK and you didn't have problem with them?

If sounds as if you really did have the holiday from hell and you have my every sympathy but more imformattion is needed and Simpson Millar will ask for the same details so you will find it helpful to clarify this information anyway.

SM

As it was booked through flexibletrips, unless it was an accommodation only booking, it will be a dynamic package (hence the name flexible) but likely to be just one contract and sold at an inclusive price.
Lots of dynamic packages are 'true' packages that fall under the Package Regs and where only one contract is involved. They are just like tailor made holidays. It is the component holiday dynamic packages, that although they are now Atol protected, don't fall under the Package Regs and where you have separate contracts. You get separate prices for each component. There is a lot of confusion around this, with the majority of people thinking dynamic packages are all separate contracts.

Thanks for clearing that up Sunaddict but are Flexitrips and Flexibletrips the same subsidiary of Thomas Cook? I assumed that they were different?

SM

Sorry for not making my self clear
It was Apartments and the first I learnt of any third parties was when I received the reply from HOTELS4U.

I have read the booking and it does not state anywere that the apartments were provided by Hotels4u.
It does however say Flexibletrips which is a trading name of Thomas Cook Retail Limited.
The flights were fine .
The complex was Carlosv Benidorm which it does state there is noise from the streets and bars,which I was prepared for, but this did not affect us believe it or not cause we just shut windows.

When i write the 2nd letter I have to hand it to Thomas Cook.

If I do not get the response I want I was told by Thomas Cook I can take it to a small claims court.

I really think it is up to Thomas Cook to Handle my complaint instead of the other party as I booked through them.

Thanks again
Janie

Thomas Cook travel agent cannot sort this out. They can only forward your letters on to the company that it was booked through, usually accompanied by a covering letter from themselves. If the end supplier was Hotels4U ultimately it is their responsibility but it sounds like your agent is doing what they can to help you.

Although Flexible Trips and Hotels4U are all part of the Thomas Cook Group of Companies (along with many others) they all trade independently.