Meds - when are you due to travel ? I ask in case another Tour Operator has a suitable alternative for you.

Check out the following link: http://www.holidaytruths.co.uk/viewtopic.php?t=57912

Also if you dont get any satisfaction tomorrow morning, give Ros Fernihough Solicitor a call on 01922 621114 , she will advise you as to where you stand.

kath HT Admin

Hi Kath

Thank you for replying and for the link.

We were due to fly from Manchester next Sunday at 8.15am.

I have looked on the internet for suitable alternatives with flights taking place on the same day so I can suggest them when I speak to the travel agents tomorrow, but everywhere I have looked has come up with nothing available

Do you have any idea how long it would take for a refund? All of our money is tied up in this holiday and we can not afford to go to another travel agents before our cash could be reimbursed.

Meds

They usually refund you in the same way that you paid. ie if you paid cash they will refund cas. However, if you have paid by card it can take up to 7 days for the refund to show.

Have they tried alternative suppliers for you ?

Kath x

They said they were going to try and contavt Airtours to see if they had anything available but it was after 7pm at this point and they were preapring to close for the evening.

I have no idea who they will be contacting tomorrow to see what they can work out.

We paid for the holiday by cheque. If they cannot come up with an alternate suitable solution, could we ask for a cash refund to enable us to go elsewhere to try and book? The only reason I ask this is because time is running out and I am concerned that we will not be able to get away for a much deserved break. Also short notice holidays tend to be quite expensive nowdays

It would purel;y depend on goodwill on their part Meds, as company policy is they refund the way you paid.

Speak to the Manager if you dont get a satisfactory response, I am sure he/she should be able to help.

Kath x.

Thank you for your help and advice
I shall post to let you know how we get on and if we have no joy I shall certainly be contacting Ros Fernihough.

Thanks again
Meds

Good luck Meds - I would go down there and sit till they sort you
Kath x

I don't know if this will help but Eclipse Direct have 2 weeks in the Maldives leaving on the same day from Manchester for £1900.26,total, thats for two people with the AI option, not a bad price when you look at what they want for Mexico for the same date Sorry I couldn't find any Caribbean.

Good luck, I hope you get your holiday.

Arriving on the scene here a little late maybe, but......

First, I'd say your contract is with the tour operator assuming this is a packaged holiday you've booked. A package usually contains two of the following: flight, accommodation, car-hire, some pre-booked trips.

If I'm correct and you have a "package" then your claim is against the Tour Operator. Overbooking is not an acceptable "defense" and having cancelled your holiday so close to the departure date you are liable for compensation in addition to either:

a suitable and acceptable replacement holiday
or
a full refund of all monies paid by you.

If you select a suitable replacement, you should not be expected to pay any additional fees. Also, if the replacement is of a lower value you should expect to receive the difference in value.

If you elect for a full refund this should be paid a.s.a.p. and I'd consider, under these circumstances, a bank-to-bank transfer of funds to the same bank account upon which you drew the payment cheque.

Moving on, if you find your own alternate holiday and need to pay in full use a credit card. This affords extra protection (section 75 of the Consumer Credit Act) and delays payment until you have bamked the refund PLUS COMPENSATION payment from the original T.Op.

You will likely have to pay a 1-2% charge for using a credit card. This cost should be borne by the original T.Op. on the basis that they've yet to refund you.

Regulations 12 and 13 of

The Package Travel, Package Holidays and Package Tours Regulations 1992

covers your case. Clause 4 of Reg. 13 specifically states the T.Op. cannot use overbooking as an acceptable reason for cancellation.

Good Luck, and let us know the outcome please.

H everyone, thank you all for your help and advice.

I phoned the travel agents first thing this morning and they said they were still waiting for a phone call from the resort staff to see what was available and that there was a holiday we could have with Airtours if we wanted it. We had looked at the holiday and although it seemed really nice it was not quite what we wanted. I phoned Ros Fernihough's office and the lady I spoke to was wonderful and gave me lots of info and tips. By lunchtime I was tearing my hair out in desperation and decided to go and pay Thomas Cook's a visit. I have just got home after being there for four hours! The manager finally got the telephone call from the resort staff and was informed that there was nothing available for us so we ended up booking the holiday that we didnt want. We would have ended up with nothing at all if we had not had this new holiday. The new holiday (Sunset Jamaica Grande) was £85 more expensive than the original holiday (Rose Hall Resort and Country club) - they discounted the difference in price. I would have gone through the roof if they had asked for this extra money. We are entitled to £25 compensation each for the cancelled holiday but I have told them that this is not satisfactory as the cancellation was not our fault. I have told them I shall be chasing this issue when we return.

The flight is the same flight as the original holiday. We booked the original because it was direct from Manchester. There was a change in the return flight which we were not informed of for the original holiday and we return to Manchester via Gatwick.

I have also asked for a room upgrade. There was nothing available on the booking system but they promised me that they would send a fax to Sunset Jamaica Grande and make a request.

So all in all - we have a holiday to Jamaica - albeit not what we wanted but a holiday in the sun doing nothing but relaxing.

Meds

At least a semi-good ending.

Have a great holiday and enjoy yourselves.

Peter

Meds I am really sorry that you were messed about so much.

However, I am glad that you have had some kind of outcome albeit not the one you really wanted.

try to relax and enjoy your well deserved holiday.

Kath x

Meds,
I am glad you have finally found a hotel to stay at in Jamaica. Jamaica is a beautiful place and I hope that you have a wonderful time there. If you would like, then I can recommend some good places to go to in Ocho Rios and trips also. Let us all know all about your holiday when you get back.

Funky

Ah, Ocho Rios........the Dun's River falls. One of my favourite places ever.

Have a great time and relax.

When you get back do chase T.C. for more than the permitted £25. There's some legislation buried away in the Travel Rgs that implies that brochure published limits on compensation for cancelled holidays cannot be assumed to be the absolute limit.

Make some mental notes whilst away of any aspects that you consider inferior when compared to your original booking. These will form the basis of your valuation of true compensation due. Remember to add £50 per person on top. A court found against Kuoni a few years back in a matter of a delayed outbound flight (Laithrope -v- Kuoni Travel Limited) and the judge agreed £50 per pax for distress, inconvenience etc. I believe this has yet to be challenged in a court.

Oh, bet the lady at Ros's was Pam - she IS a gem.

Let us know the eventual outcome.

Mike

Medana,
How was your holiday in Jamaica? Did you enjoy yourselves in the end and what was the hotel like?

Funky