Welcome to HT i will move this post to the complaints forum, and as a member of HT i suggest you read this topic and have a word with Ross or her assistant,

wizard

Kosmar has dishorourable mention on this Forum so many times that perhaps it should have one of its own.

See -

http://www.holidaytruths.co.uk/viewtopic.php?t=89704

http://www.holidaytruths.co.uk/viewtopic.php?t=89472

Suggest you contact Ros Fernihough

We have teamed up with Ros Fernihough, Travel Law Solicitor, to provide the best information available.

Ros has offered our members free impartial legal advice. Please note that Ros does not read or post on this board any contact to her must be made via :-

Tel :- 01922 621114

and your local trading Standards who enforce the Package Holiday and Fair Trading laws.

Peter

Contact Ros, contact Watchdog, lodge your claim via Small Claims Court.

Hi,
So sorry to hear about your problem with Kosmar. Just out of interest, had you booked the Pelagos Apartments in Kambos? It's just that I posted on 23rd January 2007 about these apartments possibly not being featured by Kosmar for 2007. I found about by accident on another website. But please contact Ros - she has been very helpful with our problem with Kosmar.
I wish you the very best.

Hi, me again,
Had chance to look at Kosmar 2007 2nd edition brochure and their website. The following properties in Samos feature in their brochure, but not on their website.
Kambos - Votsalakia Hotel and Studios
Pythagorian - Electra Studios and Apartment
Potokaki - Angela Studios.
Anyone booked into any of these accommodations will probably have the same problem.

Hello all. Thanks for your responses. It's shocking how a company can treat customers so badly.

We have contacted Trading Standards already and we're now waiting for them to get back in touch.

I'll contact the solicitor you suggested - thank you.

Oh yes - for anyone interested - our apartment was the Elektra Studios.

Thanks!

10. If we cancel your holiday
We reserve the right in any circumstances, to cancel your holiday. In this event, we will refund all monies paid to us or offer an alternative available holiday of equal, or superior standard if available and in addition, pay compensation as set out below (except where the reason for cancellation is force majeure). However, in no case will your holiday be cancelled less than 8 weeks before the scheduled departure date, except for reasons of a force majeure. Very rarely, we may be forced to curtail your holiday after the date of departure where circumstances amounting to force majeure occur. In this very unusual situation, we regret we cannot make any refunds or be responsible for any costs or expenses you may incur as a result. In this event however, we will make the best arrangements we can to return you to your place of departure.

Hi according to their T&C you should get a refund.
I cannot see why they are refusing.
Also travelcare should be pursuing this on your behalf as they are the agents acting for Kosmar.

The previous poster missed the table off the quote was referring too

Written notification received
by Kosmar (in days) Cancellation charge shown as percentage
of holiday cost (excluding insurance premium)
More than 56 Deposit
56-35 50%
34-28 60%
27-7 80%
6-0 100%

Herewith another quote from Kosmars 2007 booking conditions.

Quote:
8. If we change your holiday
The arrangements for the holidays contained in this brochure are made many months in advance and changes are sometimes required. Most changes are minor. When a major change becomes necessary, we will inform you or your travel agent, as soon as it is reasonably possible if there is time before your departure. A major change is one that we make to your holiday arrangements before departure which involves a change of UK airport (except between Gatwick, Stansted, Heathrow and Luton which are all considered London Airports), resort, accommodation to one of a lower price or international flight time of more than 12 hours (not including flight delay), or change from a day flight to a night flight and the flight departure time changes by more than 6 hours (night flight means departure from the UK between 20.00 - 03.00 hours or arrival in the UK between 24.00 - 04.30 hours).

You may then either:

a. accept the changes offered, or in the case or an accommodation change accept the equivalent or superior offered

b. change to an alternative holiday where available, from us, with the appropriate price adjustment, or

c. cancel your holiday, and maybe entitled to compensation

If you choose a or b, we will pay you compensation on the scale below. If you choose c, we will refund all monies paid to us.

Period before within which
a major change is notified Compensation per person
(excluding infants)
more than 56 days NIL
56-29 days £15
28-14 days £20
less than 14 days £25

As you can see it clearly states that if you choose c, "we will refund all monies paid to us".
So why don't they abide by their Booking Conditions????

Absolutely. It's in black and white in their own Terms & Conditions and therefore it's a legally binding agreement surely?

Please - anyone else who's been had by Kosmar in this way, drop an email to BBC Watchdog. With enough complaints maybe we can convince them that an investigation is warranted.

I will keep you all posted.

Code of Conduct & Appeal Board decisions
© ABTA Ltd

Kosmar Villa Holidays Plc (ABTA member 38883/V610X of Mitre Court, Fleming Way, Crawley, RH10 9NJ and trading as Kosmar Holidays) was fined £350 for a breach of clause 3E, which requires members to offer clients, in the event of a significant change to their travel arrangements, the choice of accepting the alteration or taking an alternative holiday or a refund of monies paid.

With ABTA they've got form for it. Report the cases to them as well and with luck they'll get thrown out.

Peter

I've just posted a similar complaint about Kosmar (in their section on the Tour Operators Forum) doing the same thing to me. They had the property in the brochure, we'd stayed there four times and this year although it appeared in the brochure they said it wasn't now available. Nor was our second choice.

I now know they have been cancelling studio contracts all over Greece most of which were done a few weeks before the season began leaving owners without any customers, and a lot of regular Kosmar customers furious. What an appalling way to treat those studiuo owners some of whom I bet were connected to the company for a long time.

bill

Well £350.00 is not a lot of money to be fined for Kosmar is it? I wonder how many people have lost their deposit because they dont have the back up of a site like this.

If they only get a small fine like this then it is worth their while to try and break the law. I bet they gain more than they loose. It is just not fair.

If cases are prosecuted by Trading Standards, fines run at about £2000 plus £2000 costs per offence.

The problem is people don't tend to pursue companies through the small claims court with the assistance of solicitors like Ros, nor do they go to Trading Standards.

I always advise taking robust action, they should not be allowed to get away with anything.

Peter

Firstly I would like to comment on the fact your comment ' kosmar sent a reply to us care of Travelcare' this is quite normal as Travelcare were the agent who you booked with. Secondly was the 'very weak letter' a reply from Travelcare or from Kosmar?

I think it is fair to say that Travelcare as the agent are limited to what they can do as the actual problem lies with Kosmar!

Side-step the problem - and drop it in somebody else's lap.

If Turfmoor paid using a credit card, a sum in excess of £100 - be it the deposit or interim or final balance lodge a complaint to that credit card issuer under Section 75 of the Credit Act and ask for a freeze to be placed on the ENTIRE sum being withheld by Kosmar.

Then let the credit card issuer fight it out with Kosmar.

I ALWAYS pay at least £100 on a credit card at the outset. The balance may well be paid by debit card or partly bt debit/credit card later but the initial spend provides me with that cover.

To clarify a point - our contract is with Travelcare. We paid them to act as our travel agents. They have complete obligation to act on our behalf.

Kosmar have not responded properly to one letter sent by us. They've sent responses VIA Travelcare which is wholly unacceptable and shows their complete disregard for customers.

The latest word from Kosmar is that they are still refusing to refund our deposit despite breaking their own contract and the law of the land.

We WILL now be taking them to court. We have been in touch with Ros's office and fully intend to take all steps to recover our money and gain justice. I urge any other badly treated customer to act in the same way. We will not be bullied by a law breaking company like Kosmar.

To clarify a point - our contract is with Travelcare. We paid them to act as our travel agents. They have complete obligation to act on our behalf.

Kosmar have not responded properly to one letter sent by us. They've sent responses VIA Travelcare which is wholly unacceptable and shows their complete disregard for customers.

Not wishing to be picky about this but you say your contract is with Tavelcare.

The reply to your complaint is via Travelcare.

Irrespective of the merits of your claim if the contract is Travelcare then they have followed the correct procedure.

If they replied direct to you then they would be bypassing those they had the contract with. If you hold your contract is with Travelcare then any correspondence from you should be via them, and not direct with Kosmar.

Continuing your theme that your contract is with Travelcare then they are the people who should be refunding your money - not Kosmar. It is their problem how they get the money back.

Should you sue then Travelcare are in breach of contract not Kosmar. You sue the principle not the sub contractor - you do not have a contract with them.

fwh

This is the stage where I put my hands up and say "I don't know enough about the legal nature of the relationship between a customer, a travel agent, and a travel company."

Furthermore I recommend -

We have teamed up with Ros Fernihough, Travel Law Solicitor, to provide the best information available.

Ros has offered our members free impartial legal advice. Please note that Ros does not read or post on this board any contact to her must be made via :-

Tel :- 01922 621114

I know enough about the law to know I don't know enough about law, especially civil law!

Remember the old adage that a man who represents himself often has a fool for a client.

Peter