Please can anyone offer any advice on the following complaints letter I have drafted after returning from a week in LLORET DE MAR. Layed out below is the actual letter I wrote and sent to the travel company. We have since had a reply saying no monies will be refunded whatsoever.
Any advice on if we have a case to take this further, and if so, what the next stage should be. Letter of complant as follows:-
Re: Holiday Invoice Numbers XXXXXXXXX
I am writing regarding a holiday we have just returned from. It was booked online with yourselves on January 3rd 2007. It was invoice number 420277/S07 in the main name of Mr XXX, and Invoice number 420349/S07 in the main name of Mr XXX.
We booked to go stay at the Aquamarina Hotel, in Santa Susana. On arrival at Gerona Airport on September 22nd 2007, we were told by a Direct Holiday representative that an overbooking had been made. She said, in fact the whole of Santa Susana was completely overbooked. Due to this, she informed us we had been relocated to another hotel, but that it was picked to suit our requirements, and was a 4star hotel. We were also handed an envelope, and told it contained £40 per person as way of compensation. When we opened the envelope, it actually contained £40 in vouchers to be used towards activities and daytrips in resort. As we were travelling with my elderly parents, an infant and a child, the day trips were not of interest to us.
Then, once we discovered where we had actually been relocated to, it was The Olympic Park Hotel, based in Lloret De Mar. This is a resort we did not want to be at, as it was too far from the beach for the children to walk, and the resort was definitely aimed at older people, not infants and children.
On arrival at the hotel, we were then told by the representative that even they had no information on the overbooking, and that it would be looked into. We never heard anymore news. When we tried to check after a long day travelling, we were told by reception our rooms were not even ready and to return half an hour later. As if that wasn't enough, when we finally did check in, our room was on the 4th the floor and no cot was in the room for my 18 month old son. The balcony was completely unsafe for my 3 year old daughter, who proceeded to try and climb the railed barrier on the balcony.
I complained to reception for a more child friendly room - which we were given - and also asked for a cot for my son. I was told we didn't have a cot as we hadn't paid for one. I replied with we hadn't paid for one, as this was not the hotel we booked to stay at. The hotel said this wasn't their fault, so we had no choice but to pay 24.50 euros for the week. This was non-refundable. When I approached our representative about this the next day, he said we should have that refunded, as the cot was included in our chosen holiday choice. He said to leave the matter with him, but despite chasing him up, he said his boss was dealing with it, and we never heard anything more. The representatives name was XXX
On the matter of the hotel itself, we were told this was a 4star hotel. In our opinion and of other guests too, this was not the case. The rooms needed complete upgrading, the balconies were shabby, and there were no basic items in the room like a hairdryer. Myself and my mother did not take this item with us, as they are included in the hotel we should have been in. For this matter, we refused to pay even more euros to the hotel to hire one. The 3star Aquamarina Hotel we booked for, was modern, bright and clean, and had the things we wanted for a pleasant and comfortable stay. Cots and hairdryers included. Items if wanted, WE HAD TO PAY for at the Olympic Park. We have stayed at that hotel 3 times, and Santa Susana itself, for the past 5 years. We thoroughly enjoy it there, and expect to not be told on arrival at Gerona, that you have overbooked. The holiday was booked 9months in advance, plenty of time to have discovered an overbooking, and inform us sooner. I find it beyond belief you only knew about the overbooking just 24hours earlier, as we were told.
Now to the evening entertainment, the kiddies disco was very good. But only lasted for half an hour. After this, live shows were then put on. We decided to see what they were like. One evening it was a magician type man, pretending to out a knife through his head, and body parts. Another night it was live snakes. Needless to say, my 3year old and 1 year old were very frightened and upset and so we chose to leave. Another obvious reason, why this hotel choice was totally unsuitable for us.
One final complaint, was with the airline. We booked and paid for inflight meals, for the 4 adults travelling, and 1 child. My parents - XXXX - were not seated with us, and did not receive any meal at all. When they asked a steward, he asked if she had fallen asleep. My father had not, but was not offered a meal, and when they questioned it, was told it was too late to provide one, and that there must have been some confusion with the paperwork for the meals.
Due to problem after problem, and being in a resort we really wasn't happy with, the holiday was ruined from day 1.
I'd like to add that it's a very well written complaint, free of emotion and irrelevance. What was the response from the holiday company?
Get in touch with Ros Fernihough on 01922 621114 asap. Ros is a travel law lawyer who often assists our member - she will offer you free advice.
Is a very sneaky trick. They are, in effect, 'giving you compensation' in resort thereby attempting to leave you no grounds for further compensation. Most holidaymakers would, like yourselves, simply take the envelope at the airport, due to the confusion and upset at just being told their holiday is overbooked.
I was so annoyed at their voucher trick that I have just been on the phone to Ros's PA Pam and she said for you to give her a call
We were also handed an envelope, and told it contained £40 per person as way of compensation. When we opened the envelope, it actually contained £40 in vouchers to be used towards activities and daytrips in resort. As we were travelling with my elderly parents, an infant and a child, the day trips were not of interest to us.
Is a very sneaky trick. They are, in effect, 'giving you compensation' in resort thereby attempting to leave you no grounds for further compensation. Most holidaymakers would, like yourselves, simply take the envelope at the airport, due to the confusion and upset at just being told their holiday is overbooked.
I was so annoyed at their voucher trick that I have just been on the phone to Ros's PA Pam and she said for you to give her a call
Hi Sam,
The reply from the holiday company said they have reviewed our holiday complaint and have found that we are entitled to nothing in the way of compensation. They have also said that they will not give us the money back that I had to pay to get a cot for our 1 year old when we arrived at the hotel even though cots were free in the hotel we were supposed to have been in. There reason for this was that in their brochure they say in the small print that cots will be requested but cannot be guaranted.
Hi Glynis,
I will pass the phone number onto my husband who is dealing with the complaint. Thank you.
I am starting to think we will not be refunded anything beause of those damn vouchers!
The reply from the holiday company said they have reviewed our holiday complaint and have found that we are entitled to nothing in the way of compensation. They have also said that they will not give us the money back that I had to pay to get a cot for our 1 year old when we arrived at the hotel even though cots were free in the hotel we were supposed to have been in. There reason for this was that in their brochure they say in the small print that cots will be requested but cannot be guaranted.
Hi Glynis,
I will pass the phone number onto my husband who is dealing with the complaint. Thank you.
I am starting to think we will not be refunded anything beause of those damn vouchers!
please make sure he phones Ros. Remember that the company are counting on the fact that you will just give up the fight. You certainly have a really good case.
edit to add
did you get a total of £40 in vouchers? According to their T&Cs you would be entitled to £40 per fare paying customer. And nowhere does it mention vouchers. Do you still have the vouchers? I don't think your options were made clear to you at the time.You were treated very shabbily
edit to add
did you get a total of £40 in vouchers? According to their T&Cs you would be entitled to £40 per fare paying customer. And nowhere does it mention vouchers. Do you still have the vouchers? I don't think your options were made clear to you at the time.You were treated very shabbily
-
Edited by
Fiona
2007-12-05 11:36:04
I hope you are right Fiona. My husband has asked advice on another forum and there is a mix of opinion.
thats the point really- it is opinion. Ros is the one who can tell you the real state of play.
Pam said that the vouchers won't hold up that's why you need to speak to her as they are qualified in travel law.
She did ask if you had kept the vouchers and I said that you'd probably threw them away in resort (I would have :lol:). She mentioned that you could write to them rejecting the offer of the vouchers.
Speak to Pam or Ros - that's your best bet - good luck and please let us know how you go on.
She did ask if you had kept the vouchers and I said that you'd probably threw them away in resort (I would have :lol:). She mentioned that you could write to them rejecting the offer of the vouchers.
Speak to Pam or Ros - that's your best bet - good luck and please let us know how you go on.
My mum and dad kept hold of their vouchers, but me and my husband handed ours back to the rep 
Brilliant Cherrylips (re you handing them back) - please don't worry Ros is well know to the Tour Operators - she'll sort them out for you 
Ooo cool, Im seeing a glimmer of hope then.
The stoopid vouchers aside, does it sound like we will be reimbursed 'something'?
A Forum I regular visit, seem to think due to the T&Cs on the Travel Company, Iv not got a leg to stand on really.
The stoopid vouchers aside, does it sound like we will be reimbursed 'something'?
A Forum I regular visit, seem to think due to the T&Cs on the Travel Company, Iv not got a leg to stand on really.
Perhaps you made a wise choice then by visiting us
As Glynis has suggested, give Ross a call. Nothing to lose really.
Mark
As Glynis has suggested, give Ross a call. Nothing to lose really.
Mark
Hi cherrylips,
Well written complaint!
It is factual and written without the emotional content that we see too often. However, my comment would be that you did not tell the Tour Op what you expected in terms of compensation. Therefore, they might think that you will go away.
Please contact Ros as has already been suggested, but I would also suggest that you might reply to them indicating that you are not happy with their response and tell them that you want £XXXX in compensation for lack of facilities, distress, and items that you had to pay for in resort.
Wish you all the best, and am sure you have a good case.
Well written complaint!
It is factual and written without the emotional content that we see too often. However, my comment would be that you did not tell the Tour Op what you expected in terms of compensation. Therefore, they might think that you will go away.
Please contact Ros as has already been suggested, but I would also suggest that you might reply to them indicating that you are not happy with their response and tell them that you want £XXXX in compensation for lack of facilities, distress, and items that you had to pay for in resort.
Wish you all the best, and am sure you have a good case.
Thanks for the support guys
Just re-read my first post, and realised I left the last paragraph off This was what I wrote to finalize the letter.
I expect to hear from you within 14 days of postmark of this letter. I have enclosed copies of our booking details, and invoices. I expect nothing less than a full refund, plus compensation, for this dreadful error on your part.
Just re-read my first post, and realised I left the last paragraph off
This was what I wrote to finalize the letter. I expect to hear from you within 14 days of postmark of this letter. I have enclosed copies of our booking details, and invoices. I expect nothing less than a full refund, plus compensation, for this dreadful error on your part.
tell them that you want £XXXX in compensation for lack of facilities, distress, and items that you had to pay for in resort.
Ros has always suggested that you never indicate an amount of compensation
Oops.
Will the fact that I stated a full refund have ruined our chances then?
Ross - will give you a call tomorrow hopefuully.
Will the fact that I stated a full refund have ruined our chances then?
Ross - will give you a call tomorrow hopefuully.
No not at all Cherrylips - what you don't do though is say I want £100 compensation as the claim could be worth more
Ah cool
Looking forward to chatting tomorrow and getting the ball rolling.
Just want to say thanks to you all who have replied too, given your honest expert opinion - and made me feel we are in with a chance
Looking forward to chatting tomorrow and getting the ball rolling.
Just want to say thanks to you all who have replied too, given your honest expert opinion - and made me feel we are in with a chance
Irrespective of the merits of this particular claim the letter is an example of how a complaint should be worded.
If anyone is looking at claiming they would do well to read this one.
It states facts - It is not hysterical - It is thought through.
I particularly like the 14 days - I do not know if it was sent recorded/registered but it is important that it should be when stating within 14 days of the date of the letter. We are all well aware of the problems with the postal system.
I would of course expect that the usual fob off of an acknowledgement will be what you get.
Whilst companies may have a policy of 28 days there is nothing that prevents you setting a time limit. 14 days is a reasonable time for them to investigate and give a positive reply.
I note you said earlier that your husband had received mixed advice on other sites.
Here on HT if people consider that you have a genuine claim we refer you straight to Ros - An expert in the legal aspects - not just someone with an opinion.
fwh
If anyone is looking at claiming they would do well to read this one.
It states facts - It is not hysterical - It is thought through.
I particularly like the 14 days - I do not know if it was sent recorded/registered but it is important that it should be when stating within 14 days of the date of the letter. We are all well aware of the problems with the postal system.
I would of course expect that the usual fob off of an acknowledgement will be what you get.
Whilst companies may have a policy of 28 days there is nothing that prevents you setting a time limit. 14 days is a reasonable time for them to investigate and give a positive reply.
I note you said earlier that your husband had received mixed advice on other sites.
Here on HT if people consider that you have a genuine claim we refer you straight to Ros - An expert in the legal aspects - not just someone with an opinion.
fwh
Thank you for your post fwh.
I will of course, keep everyone updated on our progress.
What is a good time to give Ros a call, is she available from 9am to ring her?
I will of course, keep everyone updated on our progress.
What is a good time to give Ros a call, is she available from 9am to ring her?
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