we booked a holiday with kosmar to go to blue bay appts in sept 2007 in alikanas for 9 adults & 1 infant. we have stayed there before and anyone who has been to blue bay will know how nice they are (4poster beds,sofas,tv,sea view from all balconys etc). as blue bay was exclusive to kosmar we had to book with them. we paid our £900 deposit on sept 18. we then recieved a letter from kosmar on 20 oct to say that they would no longer be featuring blue bay for 2007 and had offered us alikanas beach appts,we phoned to say we did not want to go to alikanas beach (we have seen them before,ok but not what we wanted) and could we have our deposit back. kosmar flatly refusued to even consider it and said book something else from their brochure.
we wanted our deposit back so we could book direct with blue bay,who by the way did not seem know kosmar had dropped them when we phoned blue bay on 22 oct.
we then asked if,as a compramise if we could have flight only,they said yes if we pay the full holiday cost of £3541.00,and then dont use their accomadation,which of course we declined. kosmar did not even offer us double beds which we booked in blue bay.
kosmars terms and conditions seem to be open to interpretation,mainly in their favour. when dealing with the kosmar staff in this matter,we found them to be uncareing & rude. this is the scond holiday in row that kosmar have done this to us. has this happened to any one else or is it just us?.
is there no way to get our money back,or will we have to book again with them,for a holiday we dont really want?
They are not fulfilling their contract with you, as they cannot offer you the acommodation you booked.
This is a significant change and you should be therefore entitled to cancel with a full refund.
Please contact Ros Fernihough, Travel Law Solicitor asap and she will give you all the advice you need. Her number is 01922 621114
Kath HT Admin
This is a significant change and you should be therefore entitled to cancel with a full refund.
Please contact Ros Fernihough, Travel Law Solicitor asap and she will give you all the advice you need. Her number is 01922 621114
Kath HT Admin
You are entitled to all your money back. The deposit is to tie you in to a binding contract which has now been broken by the other party.
When companies such as this fail to return money which your are entitled to, are rude and then start asking for more warning bells about their financial security start ringing. Don't give them any more of your hard earned cash and don't enter in to anymore dialogue.
A recorded delivery letter stating you want the money returned within 7 days or court proceedings will commence should be your starting point.
When companies such as this fail to return money which your are entitled to, are rude and then start asking for more warning bells about their financial security start ringing. Don't give them any more of your hard earned cash and don't enter in to anymore dialogue.
A recorded delivery letter stating you want the money returned within 7 days or court proceedings will commence should be your starting point.
The Package Travel, Package Holidays and Package Tours Regulations 1992
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© Crown Copyright 1992
Regulation 4 above suggests that the t.o. should not attempt to offer you a package that does not exist. Should it so do, you are liable to be compensated for any loss suffered. I'd consider your deposit to be such a "loss suffered".
Regulation 12 covers the need for the t.op. to make significant changes. You are permitted to withdraw from the contract without penalty in such circumstances. This would imply your deposit would be returned.
Regulation 13 - clause (c) states that you should be repaid your deposit as soon as possible.
as daveyjp suggests, write using the recorded delivery service a strong letter including these points above and demanding your deposit be returned a.s.a.p. as you wish to cancel the holiday. Threaten legal action via a specialist travel solicitor (Ros would be perfect for this) should they fail to return all monies within 5 working days of receipt of the recorded letter.
Finally, if you paid your deposit by a CREDIT CARD and the amount was greater than £100 (you paid £900) if Kosmar fail to refund you may chase your credit card company for the amount. Explain that Kosmar are in breach of contract, tell the credit card company to "freeze" to £900 pending their negotiations with Kosmar. You have a legal right to take this action under section 75 of the consumer credit act.
Let us know how things go.
Mike
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© Crown Copyright 1992
Descriptive matter relating to packages must not be misleading
4.-(1) No organiser or retailer shall supply to a consumer any descriptive matter concerning a package, the price of a package or any other conditions applying to the contract which contains any misleading information.
(2) If an organiser or retailer is in breach of paragraph (1) he shall be liable to compensate the consumer for any loss which the consumer suffers in consequence.
Significant alterations to essential terms
12. In every contract there are implied terms to the effect that-
(a) where the organiser is constrained before the departure to alter significantly an essential term of the contract, such as the price (so far as regulation 11 permits him to do so), he will notify the consumer as quickly as possible in order to enable him to take appropriate decisions and in particular to withdraw from the contract without penalty or to accept a rider to the contract specifying the alterations made and their impact on the price; and
Withdrawal by consumer pursuant to regulation 12 and cancellation by organiser
13.-(1) The terms set out in paragraphs (2) and (3) below are implied in every contract and apply where the consumer withdraws from the contract pursuant to the term in it implied by virtue of regulation 12(a), or where the organiser, for any reason other than the fault of the consumer, cancels the package before the agreed date of departure.
(2) The consumer is entitled-
(a) to take a substitute package of equivalent or superior quality if the other party to the contract is able to offer him such a substitute; or
(b) to take a substitute package of lower quality if the other party to the contract is able to offer him one and to recover from the organiser the difference in price between the price of the package purchased and that of the substitute package; or
(c) to have repaid to him as soon as possible all the monies paid by him under the contract.
Regulation 4 above suggests that the t.o. should not attempt to offer you a package that does not exist. Should it so do, you are liable to be compensated for any loss suffered. I'd consider your deposit to be such a "loss suffered".
Regulation 12 covers the need for the t.op. to make significant changes. You are permitted to withdraw from the contract without penalty in such circumstances. This would imply your deposit would be returned.
Regulation 13 - clause (c) states that you should be repaid your deposit as soon as possible.
as daveyjp suggests, write using the recorded delivery service a strong letter including these points above and demanding your deposit be returned a.s.a.p. as you wish to cancel the holiday. Threaten legal action via a specialist travel solicitor (Ros would be perfect for this) should they fail to return all monies within 5 working days of receipt of the recorded letter.
Finally, if you paid your deposit by a CREDIT CARD and the amount was greater than £100 (you paid £900) if Kosmar fail to refund you may chase your credit card company for the amount. Explain that Kosmar are in breach of contract, tell the credit card company to "freeze" to £900 pending their negotiations with Kosmar. You have a legal right to take this action under section 75 of the consumer credit act.
Let us know how things go.
Mike
Hi - did a bit of googling and it seems that you're not alone - although some have managed to get their deposits back -
http://justzante.co.uk/zakynthos_alykanas_blue_bay_apartments.asp
Good luck!
http://justzante.co.uk/zakynthos_alykanas_blue_bay_apartments.asp
Good luck!
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