I would be very grateful for any advice anyone could offer me. I had booked a holiday with Direct Holidays to go to Lanzarote in September. The holiday was essentially for my son who has Autism and ADHD. Effectively this means his behaviour can be problematic and we must be very careful in planning holidays to ensure everythings goes ok.
Thus when travelling and going on holiday it is important 1. to make sure the flight times suit our requirements (they need to be during the day as he takes medication for his ADHD which calms him down) and avoids protracted periods of waiting. Not to mention he is a fussy eater and will not eat any food unless I cook it! 2. I need to go to a Villa.
Thus I booked my holiday with good flight times during the day with the barest amount of hanging around when departing on holiday. However I have just received a letter from Direct Holidays stating that the flight times have changed and instead of flying back at noon we are to fly back at 10pm at night. As such it would be a nightmare for us and our child and I can not accept this change.
With this in mind I phoned Direct Holidays looking for a refund. They did try to get other flights for us but they couldn't get any but they refused to refund our money in full banging on about there terms and conditions and frankly couldn't have cared less about our situation. They did eventually agree to refund everything apart from our deposit (£330). I have cancelled my holiday and asked for this refund but I have made them aware I am not happy with this and I will be pursuing the matter.
Further to this on speaking to people I have been told of a couple of people who have had full refunds when their tour operator changed their travel plans and this has angered me.
Any advise would be much appreciated. To add to the situation the day I sent my letter to cancel my holiday I got a further letter from Direct Holidays about building works adjacent to the villas!!
It looks to me as though Direct Holidays have followed procedure correctly. They haven't changed the flight times by more than 12 hours, they have informed you within the necessary time limit, and have now agreed to refund you with all moneys less the deposit.
Unfortunately, saying
doesn't work!banging on about there terms and conditions
By making the booking you accept those Terms and Conditions. While I have every sympathy with your predicament, tour operators are businesses, operating on frequently very small margins. They therefore lay down specific Terms and Conditions to cover most eventualities.
However, because of the building work going on near to your villa, you can cancel, and would be entitled to your money back without penalty as per reg 12 & 13 of the travel package regualtions. It main be an idea to email them and quote the above. Email address is Customer.relations@direct-holidays.co.uk All the best, and I hope you manage to get this sorted. BBB.
I think you have a genuine case. You booked the holiday in good faith after ensuring the package met all your requirements.
All holiday's are subject to change, even a few days before travel, but I think your circumstances are slightly different and your requests are totally justified.
A doctors letter should back this up. You deserve all your money back.
Laurence
I certainly shall be taking your advise. I will recontact Direct Holidays (I have already written to them cancelling my holiday though) and I shall state the reg re building works to them and hope they will give me my money back. I will also contact my son's consultant and see if they will give him a letter about his difficulties.
Thanks again
Much appreciated.
Your welcome. I wouldn't have thought it would make a difference that you have already cancelled, I'd tell them that the building work was the last straw, and that you know you are entitled to a full refund. Good Luck, and let us know how you go on.BBB.
The other alternative would have been to cancel on the grounds of your son not being able to travel at the times (due to his condition), but this would all depend on whether you have declared it to the insurance company.
However, to clarify things completely, why not contact Ros Fernihough, Solicitor, to see if she can offer any free advice - 01922 621114
Kath HT Admin
Thanks Kath I will recontact Direct Hols tomorrow and if I get no joy I shall phone Ros. That was very kind of you to give me her number. I am very greatful for all your help
I phoned Ros and though I didn't speak to her direct the lady in the office adivsed me to mention the reg 12 and 13 as bellyballyboo advised. I did this but Direct Holidays weren't having any of it and said that the building works weren't that bad and would be finished by the time the holiday started.
I then contacted my local trading standards office who informed me that you could get a full refund without penalty if the operator materially changes the holiday this is usually deemed to be a change of 12 hours in flight but due to my circumstances Direct holidays had made a material change and thus I was due a refund. They passed my case onto Glasgow Trading Standards (being the home authority as this is where Direct Holidays based) who contacted Direct Holidays on my behalf. On Friday I received an e-mail from Glasgow Trading Standards and I am to get a full refund of all money I paid over.
I will however still never use Direct Holidays again as they have been frankly rude and unhelpful there is no doubt in my mind that if Trading Standards hadn't intervened I would never have got a full refund.
Thanks again to all the posters who gave me advise it was very much appreciated.
Battery chicken, Well done - getting your deposit back. You deserved it. All the best. BBB.
Hope you manage to sort out another holiday and you and your son have a good time. I think the way you have approached this problem is first class and I think many could learn from this. All who have enlisted the help of Ros and her team are full of praise. Your approach to trading standards should be a lesson to all. They cost you nothing - unless you take into account that we all pay for them in our taxes. I am sure that there does need to be a tightening of regulations with regard to what we are told by the TOs and trading standards involvement can only help to bring this forward. They are in the unique position that they can put forward proposals for changes and politicians will listen to them and act on the advice they give them. I know of other instances where a simple telephone call from them to companies have brought about a sudden change in attitude
Regards Laurence
Well done Battery Chicken. I hope you all get the holiday you want.
Kath HT Admin
Glad you got things sorted out. I have a son with Aspergers and life is difficult enough with these kids without having additional stress.Taking these kids out of their routines can be a nightmare. All credit to you for planning to take him on holiday with you rather than leaving him at home.
I am NOT a serial complainer, but do believe that all the stress and strain of working hard to pay for a holiday should be appreciated by these companies. I've NEVER come across such terrible customer service with any item that i've bought. How many things that we purchase do we have to pay for 2 months in advance of recieving them? Then when a complaint arises we are treated like a criminal that is exagerating occurances to claim compensation, if we get a response from the company at all.
3 times I have had such awful experiences that i've made claims against the companies and luckily I've had proof of my complaints and won each time.
People should not accept the first offer (unless of course it is fair) and shouldn't give up hope when they are fobbed off.
Lisa,x
Question! Has anybody ever invoiced a TO for time and stress due to the manner in which they have handled a claim? - I am at present having a dispute with an insurance company over some documents - They will not accept copies and I am not willing to send them to them for them to copy. I have now informed them that shoudl they want certified copies then I will supply them. I have also quoted them a price - £50.00 Waiting for them to reply. In another case I had a reply yesterday that they are to send me a cheque within the next few days. I asked did they not want some proofs from me. No - You wrote to us and sent us copies we will send you a cheque. I am of the opinion that we should all start to invoice these companies. Draft an invoice on the computer. Send it. Bombard the accounts dept with emails threatening all sorts of dire consequences if the invoice is not paid. If enough of us did it they would soon get the message. I now take the line that my time is valuable. I work on the principle that if they don't know how to do the job and I have to do it for them then I want paying. If you go to court you will be claiming your costs. Get them down on paper now. You can be sure that if you should lose your case then they will ask for costs.
I share your sentiments about invoicing the TO's but I had an enlightening experience several years ago involving the Financial Ombudsman and a high-street Building Society. Very briefly, they did not credit my wife's account with her salary over a period of 4 months. I manually calculated the interest on a day by day basis - on paper - and it differed considerably with building society's figures.
I wrote to the chairman and having exhausted every route complained to the banking ombudsman. He found in my favour and I was paid the interest due but the ombudsman pointed out that my time and effort cannot be compensated in any way.
This particularly annoyed me as I'm self-employed and the effort took considerable time. At my charge-out rate it was a reasonable amount of money.
So, invoicing a TO for your time and effort could be just a waste of time and you could fall foul of laws governing the unsolicited raising of invoices.
I like you style though, fwh.
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