I am concerned at the time being taken to resolve this problem.

The original post was made on December 21st 2006 - Myself, and others have posted the details as shown in the regulations. They are very clear that the money should be refunded.

ABTA advise your are entitled to a refund and then change their mind. Not a very professional approach.

Meantime your money is sitting in Kosmar's bank earning them interest.

If you had borrowed the money to pay for this, then you would also be paying interest without the benefit for which the loan was obtained.

You obviously want to book another holiday, but the money to do this is being withheld.

You are also being further penalised by not being able to take opportunity of any suitable offer/price because of this.

I do wonder what view a court would take of this - or perhaps they will have the opportunity.

You really must stop this go it alone approach and contact Ros without delay.

fwh

You're right it's taking ages, when I wrote to ABTA (first class recorded) in January with all the details I heard nothing for weeks and so I kept ringing them and eventually they told me they couldn't find my letter! Even though it was recorded and had been delivered . So I had to send it again and by this time it was March 1st. And I heard back from them another 2 and a half weeks after that. Kosmar also take weeks to reply. You're right about Ros, I will ring her if Kosmar don't respond within 10 days.

You're right about Ros, I will ring her if Kosmar don't respond within 10 days.

Why not ring Ros before ?

You can then get ahead of the game. You are NOT in control of this - Kosmar are. You are not suffering any (possible) costs at the moment by virtue of NOT phoning Ros - but equally, you're NOT getting any money returned to you from Kosmar.

In effect, the entire amount is currently a cost to you and will remain so until somebody gets this sorted - and that somebody needs to be Ros.

Hi everyone

Here's an update:

Basically I haven't received a reply from Kosmar, either from my letter or email, and today their Accounts Dept left a message on my answer machine saying to ring them back urgently. So I did do and they had rung me because the due date of total payment has gone by. So I explained that many months ago I wrote to them cancelling and asking for a full refund so she said she would look into it. So in the meantime I decided to give Ros a ring and spoke to her assistant, who told me that Kosmar are in total breach of regulations 12 and 13 of the 'package travel regulations' and that I am entitled to my £400 refund, so she advised me to write again to Kosmar and ABTA telling them this, as it could be quite costly to go through Ros.
So I thought a little about this (I feel like I have exhausted the letter writing route and am repeating myself but getting nowhere) and so I rang Kosmar Customer Services to ask why they haven't replied and where's the refund. And yet again they are adamant they will not give it back because of the booking conditions and this case is a minor change not a major.
So I rang back Ros's assistant and said I want to go ahead even if it ends up costing. So they are going to send a letter and give me a free legal assessment.
Then I got a call back from Kosmar's Accounts Dept asking if I am going to cancel as I am already owing 50% charges.
I explained that I had cancelled months ago a number of times and apparently this doesn't count as I had asked for a full refund also which I am not getting. I'm so worried now that they will send me a letter saying I owe them half the holiday

As you have now decided to put the matter in the hands of Ros I would stop worrying.

Kosmar are clearly in breach of contract - rather than worry about what it might cost you, in my opinion the boot is on the other foot.

Kosmar should now start thinking (and worrying) how much it is going to cost them.

No expert. but I would think if it gets to court, you could well be granted damages for what they have put you through, in addition to giving you your money back.

Courts tend to take a dim view of companies taking a cavalier attitude in the way they have done.

fwh

I agree fwh, and another interested party might be Trading Standards who enforce the Package Holiday Regulations.

Peter

On dec 21st 2006 fwh posted an extract from the travel regs. He particularly pointed out clauses 12 and 13.

Methinks fwh is Ros incognito

I think you've made a wise choice in employing Ros. You really should be able to hit them for an element of distress and inconvenience and whilst that will no doubt not fully cover your costs the reality, unfortunately is that without Ros's help you are unlikely to recover ANY money.

Amyone reading this who now chooses to book with Kosmar is at least forewarned. I'd give them a wide berth.

let us know the eventual outcome please.

Having read through your case, I feel it is solid. I agree with the other posters, going through Ros is the right thing to do.

Many companies even though they probably know they are in the wrong, try it on in the hope that people will just give up.

You seem to have the law on your side. Don't worry and try to see it through to the end.

Good Luck and keep us posted.

Kosmar would be wrong in thinking we have given up (see Problems with Kosmar). Our next step is through the courts with Ros, so will let you know the outcome although may take a while!
You are definitely doing the right thing by using Ros Don't let Kosmar get away with it!!
Carrie

Hi everyone - thanks for all your replies and advise, it's so nice to feel someone understands and is on my side and that I'm not just going insane. Kosmar did write to me the very next day stating I owed 50% of holiday price in cancellation fees (it's funny how quickly they can write a letter asking for my £). Even though I cancelled a number of times in past 4 months. Anyway, I've sent Ros the details and will let you all know what happens! Wish me luck

Good Luck everyone.

A quick update - I sent all my correspondence to Ros and she agrees with me completely and is taking on the case 'no win no fee'. I have just read another thread about someone in a similar situation (Rhodes2003) who is writing a statement for court so guess I will be doing that too soon. Will keep you all updated!

Bet they settle before that stage arrives.
Letter from Ros will likely result in success.

Hello , I had a similar situation to creamychee secake whereas i booked with kosmar almost 14 months in advance only to be told that they had changed our hotel but not the resort, we were booked for ixia in Rhodes and they said we were going into another hotel in Trianda. After complaints on the phone we were told that in their brochure Ixia and trianda were in fact the same place, Not true according to the Rhodes tourist office whom i contacted via email.
After spending hours on the phone and sending numerous emails they would not offer us a refund as they said it was a minor change. The hoilday cost us almost £1600 which kosmar have had for months.

After getting nowhere with kosmar i found this web site and the phone no for Ros Fernihough and after talking to Pam, Ros`s PA i quoted the tour operators regulations section 12 and 13 in a few mor emails to kosmar and within hours we recieved a phone call offering us a full refund.
This now leaves us without a holiday and at this time of year holidays are quite scarce and expensive.

So Id like to thank Pam From Ros Fernihaugh for her advice and allowing us to use their name in my emails to Kosmar, And to creamycheesecake keep fighting Kosmar im sure youll win.

Good luck

Gwynn

Thanks for the feedback Gwynn.

It shows the power of having the backing of Ros, and other professionals such as Trading Standards.

Also the deplorable conduct and downright dishonesty of some travel companies, which is why I tend to recommend bringing out the big guns in these cases.

You can't reason with some companies, they delay, they lie, and essentially hope they sicken you off. They should not be allowed to get away with it.

Peter

I found this whilst doing some research -

http://www.abta.com/codedecisions.shtml

Since this page will be replaced soon with further decisions the relevant entry is -

Code of Conduct & Appeal Board decisions
© Association of British Travel Agents

Kosmar Villa Holidays Plc (ABTA member 38883/V610X of Mitre Court, Fleming Way, Crawley, RH10 9NJ and trading as Kosmar Holidays) was fined £350 for a breach of clause 3E, which requires members to offer clients, in the event of a significant change to their travel arrangements, the choice of accepting the alteration or taking an alternative holiday or a refund of monies paid.

But ABTA fines are pitiful by comparison with those imposed by the Courts

Interesting, what?

Peter

Well some good news finally! I wrote my statements for court etc and Kosmar have finally agreed via Ros to pay me back my £400. I'm not sure at this stage how much I will get back, I know they are paying back some of my fees and I will possibly get a refund of some of the court fees I paid, so I will let you know in due course what I receive opposed to what I've paid out!
Good news anyway
I can't believe it's gone on for so long! We couldn't go on holiday at all this year as we are on such a tight budget we couldn't afford anything without the £400 back - it's so disgraceful how Kosmar have affected my and my childrens life!
Anyway I can close this chapter finally!
Thanks to everyone for being supportive and giving great advice - without this forum I wouldn't be getting my money back as I wouldn't have gone ahead with Ros if you hadn't pushed it.
So thanks everyone and I'll let you know the final outcome when it arrives

thanks for letting us know creamycheesecake.

good luck and dont forget to let us know the final outcome.

kath x

Hi CCC

Just read your story...so glad you've finally got things sorted. I can't believe how long it's taken. The way some of these travel companies behave is an absolute disgrace, I wonder the number of people who take what they say at face value and lose out?

Well done for sticking to your guns, I bet you felt like just throwing in the towel at times. It's such a shame though that because of Kosmar's actions you and your family were unable to take a holiday this year, they just don't care how they can effect peoples lives do they?

Best Wishes

Nic