Very sorry to read of your disappointing Christmas holiday.

Just FYI - Direct Holidays withdraw from ABTA last year, so a complaint to them will be of little use.

Hope your letter to the MD gets a positive response.

I know how you feel. We had an Easter trip to Jamaica cancelled 2 days before we were due to leave by Virgin Holidays. We were treated really badly, I was also told I was being over anxious as my hotel would reopen on time....It didn't...It also took 6 weeks to get my £3000 odd back and had to take the kids out of school for a week as we had set our hearts on going away. Being just after the tsunami everywhere was fully booked apart from Dom Rep, which was good but ended up costing us over £1000 more! These companies should be more closely regulated. It seems once they have your money, nothing else matters!!!

Just to interject here:

Mexico has been off sale for the last couple of months bcos of hurricane damage, so your not the only one who was disappointed.

rebell1

I am so sorry to hear about your holiday. It seems Direct Holidays have struck again. I have written to Rick Green and I am afraid he fails to respond prefering to pass the problem on. Dont be to surprised if they fail to respond to your questions. Get compensation and then write to watch dog or the newspaper. I understand your sheer disappointment dont give then to many chances like I did get straight to the point and good luck!

are all holidays to mexico cancelled now?

We have cancelled flights due to depart from the UK to Cancun up until 19 December. The next scheduled flight is not until 21 December.

I pulled this quote from Mytravel's website this evening and as far as I know this was the situation well before they issued your tickets so why the heck couldn't they have informed you sooner. Sometimes, you only need to deal with a company once to discover how poorly they treat their customers!!!!.

This group of companies has cancelled or 'rearranged' lots of our hard-earned holidays this past summer. I know how you feel to get those tickets and then receive the bombshell. Good luck if you decide to pursue it further, but don't let it eat you up.

We too had booked to go on this flight.
Got the we are sorry for your inconvience but we too are loosing money as our planes are grounded (as if).
Lucking enough I was able to book Disney for the same time and had a great Xmas holiday but I had done all the running in that I rang them and informed them that our flight had been cancelled - Customer Services had to check with a supervisor. I was offered a full refund and £30 compo each.Eventually got the refund 3 days before we should have travelled.
I have been in dispute with Direct Holidays before and got nowhere so this time I am putting the whole experience down to bad luck but I will never book a holiday with Direct Holidays/My Travel again. Just July's holiday to go and then DIY for us. The "great British Tour Operator "treats the public with contempt so lets share info and knowlege and but them out of business!!!!

Jack

If you attempt to put in travel dates to mexico it comes up with an unavailable comment. Wonder how long this will continue for?

Whilst I can understand your frustration and disappointment I am unable to see what you actually want from this. Are you looking for some form of compensation or simply a proper explanation? As has already been said they seem to have cancelled all holidays to Mexico until further notice. I suspect that they expected things to be up and running by the time you were due to go and it did not happen. Your problem regarding lack of availability is one that many will have been faced with. Your destination was not a British only resort and holidaymakers from all over the world will have been competing for the reduced number of places. Whilst on here we tend to complain that TOs customer care is bad they are no different from many other businesses. I take a rather jaundiced view of claims that X is best for customer care. If you really want to make an impact then the Sunday Travel Supplements are where you should be directing your complaints. Bad publicity is best when directed at the largest audience.

fwh

As ever, fwh makes some good points.

However, when a T.O. cancels a package there are guidlines laid down as to compensation being applicable based upon how close to expected departure the canx. occurs.

You post. rbell11, indicates that Direct Holidays (D.H.) did not write to you to advise you of the cancellation but telephoned you - and this 'at the end of Nov'. I'd look into the acceptability of receiving such notice other than in writing to start with. Also, as they 'notified' you by 'phone approx. 14 or so days prior to departure I'd look to see if compensation applies that close to the departure date.

http://europa.eu.int/eur-lex/pri/en/oj/dat/2004/l_046/l_04620040217en00010007.pdf

This link above will give you information about EC261/2004 reg.s and in particular about the cancellation of flights and the timescales within which the T.Op. must inform you. Interestingly, the burden of proof as to when you were contacted lies with the T.O. and as they chose not to inform you in writing they would be hard pressed to provde they informed you BEFORE 14 prior to departure.

You should also check the 1992 package Tour regs here:
http://www.opsi.gov.uk/si/si1992/Uksi_19923288_en_1.htm

Look carefully at reg. 13 clause 3.

Try contacting Ros Fernihough on 01922 621114 to see if you have a case against D.H. for payment of compensation for their cancellation of the contract.

Good Luck.
Mike

I think Clause 13 3 B will cover the tour operator.

If the tour operator had operated the flight and the hotel was fine but everything else around was devestated the original poster would be saying they have ruined their Xmas. This is a case of where the tour operator is damed if he does and damned if he didnt. They cancelled the holiday ( granted maybe they could have done this earlier but then would have looked stupid if mexico was suddenly OK ) and refunded the money in full.

This is obviously a pain for people who have booked this holiday but surely the tour operator did not plan the hurricane and its aftermath which is obiously worse than previous hurricanes.

Kind Regards
Stewart

Stewart,

Normally I would agree that 13 3 B would exonerate the Tour Operator but as this quote shows.....

At the end of November our tickets arrived and on the same day My Travel cancelled our trip by phone. When questioned the representatives fed us a number of different lies about curfews in Cancun and no flights being accepted all of which we clarified with the Mexican Embassy and Tourist Boards as being totally untrue.

rbell11 had the foresight to check with the embassy and tourist boards and their assessment of the situation varies from the T.O.'s view.

Clause 13 3 B uses the phrase "Unusual and unforeseeable circumstances beyond the control of the T.O. ......."

If the Embassy and the Tourist Board is happy to give the resort a 'clean bill of health', and the hotel is happy and able to take passengers, the airport is open and planes are landing and taking off, what grounds can the T.O. have for cancellation that permit the avoidance of paying compensation ?

I suspect this is a simple commercial decision on the part of the T.O. - perfectly acceptable - but with compensation due to canx. pax. as per the rules. If this went to court the T.O. would need to provide evidence that the situation in Mexico did not permit the continuance of the holiday.

How does this sound as a possibility ?

The plane holds several hundred passengers. They are likely to be staying at a wide variety of hotels possibly in several different resorts. Some hotels will be too seriously damaged to accept residents yet. Others will be OK (as in the case of rbell11's hotel). The T.O. has two choices. Cancel the packages of those pax. due to stay in hotels unable to accept clients but retain the business of those unaffected resulting in either a lower passenger loading on the aircraft OR cancel the entire flight and hence all passengers holidays.

It could be that those hotels up-and-running (as rbell11's) could have accepted additional guests - but the Iberostar Paraiso Lindo is a 5 star and expensive - to move guests here from 4 and 3 star hotels would cost the T.O. more money.

If you look closely at clause 13 2 A the T.O. should perhaps have offered that option to as many package holidaymakers as possible - and suffer the additional costs. They legally were required to offer alternate holidays of an equal or greater value (clause 13 2 A) if any existed, else a lesser value holiday (clause 13 2 B), or finally a refund.

Looks like the T.O. failed to offer alternates - went straight to the refund. Did MyTravel not have any alternatives available - ANYWHERE ?

Mike

So the Mexican Embassy and the Tourist Board said come to Mexico ! What a shocker and I thought their job was to do just that. Neither has any financial commitment to the poster or would be liable for any compensation if things are not as promised in Mexico.

Mike you have made up a scenario that could be true but also could miles away from it I dont quite understand the point of that. As i understood it most major tour operators did not sell Mexico at Christmas, I guess the reason why little alternative was offered ( poster does not make it clear whether they were offered anything or nothing ) as other destinations full due To Mexico being cancelled.

As I posted before I do sympathise with the original poster about losing their Xmas holiday, they did get a full refund whilst many others in Mexico are still counting the cost.

Kind Regards
Stewart

Stewart,
It is useful to have a supporter of the T.O.'s making regular postings as it permits sensible debate on the subject of the scurrilous manner in which a number of T.O.'s treat some of their customers.

So the Mexican Embassy and the Tourist Board said come to Mexico ! What a shocker and I thought their job was to do just that. Neither has any financial commitment to the poster or would be liable for any compensation if things are not as promised in Mexico.

Of course the Mexican Embassy and their Tourist Board encourage tourists to their country. Our Foreign and Commonwealth Office also offer 'instructions' to our T.O.'s as to where they perhaps shouldn't visit. Don't recall any such advice against travelling to Mexico during December.
you may recall rbell11 researched the extent of the damage to the hotel and was assured the minor damage would be fixed by the arrival date.

I make up scenarios for the sheer fun of it Stewart - but also in the firm belief that all Travel companies actions are ultimately driven by money.

Mike you have made up a scenario that could be true but also could miles away from it I dont quite understand the point of that.

My "scenario" is likely to be generally true. The plane used would hold several hundred passengers. They will be staying a a variety of hotels and possibly different resorts. Some hotels are still seriouslt damaged. Some are OK (flights are going there now and some flights did go after the hurricane and before Xmas. The T.O. had at least two choices.

What's wrong with that scenario ?

As i understood it most major tour operators did not sell Mexico at Christmas, I guess the reason why little alternative was offered

So what's stopping the T.O. offering an alternate region ? Cost perhaps ? Hardly the lack of availability Stewart. I'm sure you appreciate, the T.O.'s were selling holidays throughout Xmas (to many parts of the world). Rbell11 sourced Cuba and Dominican Republic - but at a higher cost. The T.O. should have provided these alternatives at the same cost as the original cancelled package - regulation 13 2 A states this very clearly as I pointed out in my previous post.

Finally, your comparison with other travellers not having received a full refund is not applicable. Such passengers were in Mexico when the hurricane struck and their complaint would fall under the curtailment and not cancellation sections of the 1992 act.

Like you, I sympathise with Rbell11 and the other several hundred cancelled passengers. Unlike you I have little to zero sympathy with the T.O. for the simple fact that they left notification until too close to the holiday departure date for suitable alternatived to be sourced by those passengers wishing to take a refund. The T.O. them compunded the insult by delaying prompt repayment. I really believe 72 hours to riase a cheque is ample time. Remember, the decision to cancel was made by the T.O. and hence their systems should have immediate access to all passengers affected, the amounts of money etc. etc. It's no bigger job than printing the flight tickets- just different stationery (cheques) in the printer.

Mike

Flight to cancun on feb 14th is cancelled no explanation given although they say they will fly out on the 15th. Are all holidays to Cancun cancelled as many customers are staying in hotels that are not yet ready and therefore flying a half empty plane is to costly. This company is really tawfull -havent they ever heard of compromise and being fair? If perhaps they had this attitude customers would re-use them again on the grounds that they have dealt with the problem fairly.
Its all about money and it makes me even more concerned about perhaps other aspect sof the holiday like the journey itself. I hope they pay their engineers well!

Excellent last post there Mike. Its obvious for all to see that customer care is not their top priority anymore. It was once, when it was the market leader, but I suppose that customer focus, along with other disastrous business decisions, nearly brought the company to the brink. MyTravel almost went under last December, when a debt-for-equity swap saved it and since then MyTravel has been focusing on margin improvement rather than boosting holiday sales.

The strategy appears to have paid off in that it has reduced losses, but at what cost? Customers voting with their feet, I hope. I and a lot of others I've met through forums like these have been been treated shockingly by their new business strategy this year (and that was well before the terrible hurricanes).

I remember reading that not long ago they reported losing something like 50pounds on each travelling passenger. Not exactly good business. But paying cancellation compensation of 30pounds obviously is!

Take a look on the St Helens Council website on the ruling of a case brought against them by Trading Standards - sorry don't know how to post a link - but put Airtours in the search engine. Good business practice or incompetence?

Mike the many others in Mexico I was referring to were local, people who have had a little more than a ruined Xmas and are genuinely devastated.

Will you stop refering to me as a supporter of TO implying i have a hidden agenda. I have in these forums spoke out both for and against TO and airlines. I am also entitled to an opinion even though it often disagrees with yours.

Whats wrong with the scenario ? Loads as you say you made it up how does that help anyone with a serious complaint.

Mytravel refunded the money in 11 days maybe not superfast but not the end of the world. The poster was unable to find a suitable alternative so how were Mytravel meant to be able to do this. As you say maybe a holiday at twice the price but is it fair and reasonable for Mytravel to suffer that I dont think so but I am sure you do. There will be few TO left if they do give out compensation in that manner. Another poster goes on about how much money Mytravel were losing which is at odds to your opinion in that they are full of greed and making outrageous profits.

I will say again of course the tourist boards would say come to Mexico it is fine, no financial implications for them as I dont think in any of the legislation it allows you to sue them for compensation ( I bet they were still saying come to mexico during the Hurricanes ).

Kind Regards
Stewart

Stewart,
sometimes we're all guilty of forgetting the local people who must have suffered greatly, so thanks for bringing that point up.

I was being flippant when I said I like making-up scenarios. I'm actually quite serious about this one though. Apple1 implies in the post that their flight on the 14th is cancelled yet the 15th isn't. I'm not sure if apple1 has been moved to the 15th or if they've simply been cancelled and will be refunded. If they've combined 14/15th together this is a simple consolidation - I can see the economic reasons for this and reg 13 3 A allows the T.O. to cancel without compensation being due in the event of under-subscription providing the cancelled holidaymakers are informed in writing within the period indicated in the package description.

I still maintain that there's probably a high chance that passengers on rbell11's flight were destined to be accommodated in hotels not suitable at that time due to damage.

Mytravel refunded the money in 11 days maybe not superfast but not the end of the world

It is if they needed those funds to pay for a last-minute alternate where the new T.O. quite rightly required payment in full at the time of booking.

The poster was unable to find a suitable alternative so how were Mytravel meant to be able to do this.

The poster did find alternatives, they were considerably more expensive. Mytravel are a professional T.O. - it's their business to find/create packages.

As you say maybe a holiday at twice the price but is it fair and reasonable for Mytravel to suffer that I dont think so but I am sure you do.

I'm not alone in this belief - see 13 2 A regulation in the 1992 Package Tour Regs. Unfortunately, like you, MyTravel don't appear to think they should be out of pocket in providing an alternate package.

This link should get you to the St. Helens Council case against Mytravel
http://www.sthelens.gov.uk/__80256ED700359BA2.nsf/0/318916E11790B592802570E000414A91?openDocument

Repeat offenders by the looks of it!

Mike

Look at the St Helens case.

£130.00 for 2 weeks half board to tenerife. A mistake was made and within 24 hours they notify the customers the price was wrong but they lose in court. Hardly the same offence is it.

My guess is the people booking this new it was a mistake and happily played it for what they could get, unfortunately that is the culture now. A mistake cannot be made without people wanting redress. Unless of course everyone thinks £130.00 for 2 weeks half board in tenerife is the normal price.

The 1992 directive I do not believe when offering a suitable alternative means a holiday costing considerably more when cancelling in this instance.

By the way here is the link to the Mexican Tourism board. http://www.visitmexico.com/wb2/

Not a single mention of the word hurricane anywhere not even on the climate page.

Kind Regards
Stewart