(a) Immediately complain to the tour operators representative. Obtain a Customer Complaint Form and fill it in.
(b) The representative won't give me a Customer Complaint Form - what can I do?
Write out your complaint on a blank piece of paper and get someone else to witness the time and the date and fax it back to the tour operators head office stating that you cannot obtain any co-operation from your representative and they have refused to give you a Customer Complaint Form
(c) Do not wait until the last day of your holiday and then complain as you will not have fulfilled the requirements of the booking conditions. You have to give the tour operator an opportunity to put right your complaints.
(d) If you are fortunate in obtaining a customer complaints form then you must list everything on that complaint form that you are complaining about. It is no good complaining about your plumbing and cockroaches in your room but forgetting the bad food, lack of entertainment, the view of the building site, etc. as the tour operator will tell you on your return home that you did not complain about these other matters and therefore they were not brought to the tour operator's attention and they could not assist you.
(e) Immediately request a change of hotel and do not be fobbed off by the tour operator telling you that in the middle of November it is the height of the season and there is no other accommodation on the island. What this usually means is that either the tour operator's representative cannot be bothered to find you any alternative accommodation or the tour operator does not have a contract with any other hotel.
REMEMBER you have rights under the Package Tour & Travel Regulations and Regulation 15 is there to protect you - it is set out below:
Regulation 15 - Unsatisfactory Holiday Arrangements
Regulation 15 of the Package Tour & Travel Regulations imposes a strict fault-based liability upon the tour operator for the proper performance of the obligations under the contract by their third party suppliers. In other words the tour operator is responsible to you for everything that was wrong with your holiday which can include accommodation, cleanliness, infestation of insects, food, health, hygiene, plumbing, swimming pool, all-inclusive services if appropriate, representatives services, transfers and pre-booked excursions.
What the tour operator must do is to compensate you the consumer for the problems you experienced and then the tour operator may under a separate claim recover what he has to pay you in compensation from his third party supplier, namely the accommodation owners.
15.1 The other party to the contract is liable to the consumer for the proper performance of the obligations under the contract irrespective of whether such obligations are to be performed by that other party or by other suppliers of services but this shall not affect any remedy or right of action which that other party may have against those other suppliers of services.
15.2 The other party to the contract is liable to the consumer for any damage caused to him by the failure to perform the contract or the improper performance of the contract unless the failure or the improper performance is due neither to any fault of that other party nor to that of another supplier of services because (a) the failures which occur in the performance of the contract are attributable to the consumer (b) the failures are attributable to a third party unconnected with the provisions of services contracted for and are unforeseeable or unavoidable or (c) such failures are due to (i) unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, the consequences of which could not have been avoided even if all due care had been exercised or (ii) an event which the other party to the contract or the supplier of services even with all due care could not foresee or forestall.
15.3 "in the case of damage arising from the non-performance or the improper performance of the services involved in the package the contract may provide for compensation to be limited in accordance with the International Conventions which govern such services. "
COLLECTING YOUR EVIDENCE
Videos and photographs can be very useful, but BEWARE tour operators will use your photographs and video to their advantage. The secret of a successful claim when relying on photographs and video evidence is to make sure that you only take photographs and video of the matters complained of.
Do not under any circumstances take photographs of happy family groups or friends in a restaurant or bar or anything that shows that you are having a good time. The Court rules make it compulsory for holidaymakers to disclose all their film and video evidence and therefore if you have taken 6 photographs of bad accommodation and food and the remaining photographs on the reel of film show the children having a good time in the swimming pool or happy faces taken in the bar on the last night, the tour operator's solicitors will, in Court, state that you did have a good time because here is the evidence to show you were having a good time. This can devalue your claim. You should therefore leave the rest of the film blank until you get home and then take pictures of your garden, the dog, the grandchildren, etc. This will thwart the opposition and they will not be able to bring any evidence to the Court that can show that you had a good holiday. The same applies to video evidence.
Do take names and addresses of other people that are also complaining. However, be very careful that you do not upset other holidaymakers who may be enjoying themselves, otherwise this can lead to a situation whereby those other holidaymakers complain to the tour operator that you were the cause of their holiday being spoiled and you may be branded as a troublemaker which may detract from your claim.
Be discreet and only contact other holidaymakers who are of the same opinion as yourselves. Tour operators will often produce so-called happy holidaymakers who are staying at the same hotel as yourselves and this provides the tour operator with a very strong defence. Do not alert the hotel management or the tour operator to the fact that you are getting together with other holidaymakers.
Collect real evidence, for example a leaflet in your hotel room advertising a gala evening with special food and entertainment can be very useful if no such gala evening materialises. This is real evidence.
If you are complaining of building work and you were not told in advance about the building work by your tour operator, check with other holidaymakers travelling with other companies to see whether they were notified beforehand. If they were, then try and obtain a copy of their letter of notification as this will strengthen your own case when you get home.
Videos and photographs can be very useful, but BEWARE tour operators will use your photographs and video to their advantage. The secret of a successful claim when relying on photographs and video evidence is to make sure that you only take photographs and video of the matters complained of.
Do not under any circumstances take photographs of happy family groups or friends in a restaurant or bar or anything that shows that you are having a good time. The Court rules make it compulsory for holidaymakers to disclose all their film and video evidence and therefore if you have taken 6 photographs of bad accommodation and food and the remaining photographs on the reel of film show the children having a good time in the swimming pool or happy faces taken in the bar on the last night, the tour operator's solicitors will, in Court, state that you did have a good time because here is the evidence to show you were having a good time. This can devalue your claim. You should therefore leave the rest of the film blank until you get home and then take pictures of your garden, the dog, the grandchildren, etc. This will thwart the opposition and they will not be able to bring any evidence to the Court that can show that you had a good holiday. The same applies to video evidence.
Do take names and addresses of other people that are also complaining. However, be very careful that you do not upset other holidaymakers who may be enjoying themselves, otherwise this can lead to a situation whereby those other holidaymakers complain to the tour operator that you were the cause of their holiday being spoiled and you may be branded as a troublemaker which may detract from your claim.
Be discreet and only contact other holidaymakers who are of the same opinion as yourselves. Tour operators will often produce so-called happy holidaymakers who are staying at the same hotel as yourselves and this provides the tour operator with a very strong defence. Do not alert the hotel management or the tour operator to the fact that you are getting together with other holidaymakers.
Collect real evidence, for example a leaflet in your hotel room advertising a gala evening with special food and entertainment can be very useful if no such gala evening materialises. This is real evidence.
If you are complaining of building work and you were not told in advance about the building work by your tour operator, check with other holidaymakers travelling with other companies to see whether they were notified beforehand. If they were, then try and obtain a copy of their letter of notification as this will strengthen your own case when you get home.
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