Help.
I have booked a Holiday to Spain for Costa Dorada for 2 adults and 3 children aged 16,12 and 9. Traveling on the 14th Aug 2007 for 14 nights. We got a three star plus two bed apartment with aircon and Satelite TV. We were very happy and paid up by Feb 2007.
But I have been told by Thomson yesterday that I my accommodation has been overbooked and they can only offer a one bed apartment with no TV or aircon in a 2 star hotel.
They have offered full refund or compensation of £160 (which seems very low for the inconvience) if we take the alternative hotel. I have also paid for Hire Car and Portventura tickets for 7 days. They state they cannot upgrade me but only offer the same vaule accommodation. But at this peak time there is nothing left.
With one working day to go I don't know what to do?
Do I cancel and disppoint my family or go and it could turn out to be the Holiday from Hell?
Thomas tell me its not there fault, its the hotelier overbooking but I don't understand how it can be overbooked if we booked our holiday last Year?
Please note we cannot change destination as my wife has a foreign passport and she has a visa for Spain.
before you make a rash decision. tomorrow have a word with our associate travel soliciter [or her assistant
they may give you some forme of leverage to use against the TO
wizard
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
they may give you some forme of leverage to use against the TO
wizard
Hi thank you, I have phoned and left a message on Ros Fernihough answer phone.
As for the two Hotels the 3 star+ was Siesta Dorada and the two star offered is the Catalonia Gardens both in Salou. I have read the reviews for the Catalonia and they are not good.
Sorry I doubled checked and we were first billed in Feb, But I did shortly afterwards pay the full amount as I had the money at the time. I didn't know about losing what you paid the closer you get to your Holiday until I read the T&C yesterday.
This is only my second package holiday and the first was to Florida in 2004 with airtours so I'm not very Savvy when it comes to knowing what is the expected level of customer services should be?
I was wondering do I have a right to higher compensation if we cancel?
As for the two Hotels the 3 star+ was Siesta Dorada and the two star offered is the Catalonia Gardens both in Salou. I have read the reviews for the Catalonia and they are not good.
Sorry I doubled checked and we were first billed in Feb, But I did shortly afterwards pay the full amount as I had the money at the time. I didn't know about losing what you paid the closer you get to your Holiday until I read the T&C yesterday.
This is only my second package holiday and the first was to Florida in 2004 with airtours so I'm not very Savvy when it comes to knowing what is the expected level of customer services should be?
I was wondering do I have a right to higher compensation if we cancel?
Yoda Have you read the Section in the safe and sound brocher that Kath sujested it is quite plain and in simple english.. copied below
wizard
OVERBOOKED HOLIDAY
Help - my travel agent has contacted me to tell me that my chosen holiday has
Regulation 13 states that:
(i) the terms set out in paragraphs (a) and (b) 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.
(ii) The consumer is entitled to:
(a) take a substitute package of equivalent or superior quality if the other party to the contract is able to offer such a substitute; or
(b) to take a substitute package of a 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.
(iii) The consumer is entitled, if appropriate, to be COMPENSATED by the organiser for the non-performance of the contract EXCEPT WHERE;
(a) the package is cancelled because the number of persons who agreed to take it less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period indicated in the description of the package; or
(b) the package is cancelled by reason of unusual or unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, the consequences of which could not have been avoided even if all due care had been exercised.
(iv) overbooking shall not be regarded as a circumstance falling within the provisions of sub-paragraph (b) of paragraph (iii) above.
REMEMBER - You do not have to accept any alternative holiday if you do not want the holiday and you can claim a full refund of your holiday costs and in addition any losses you have incurred. You may also be able to claim some compensation in certain circumstances in addition to a full refund.
SPECIAL REQUESTS
You should be aware that special requests do not form part of the contract. So for example if you have booked a low floor with a sea view and this does not appear on the Confirmation Invoice as part of the contractual term - in other words the supplement for a low floor and sea view is shown as an additional charge - then it is not part of the contract, it is a request as opposed to a contractual term and a special request is merely requesting the accommodation owner that if he has a low floor and sea view accommodation available you would like it.
You should always be aware of the difference between a special request and part of the contractual terms of the booking.
PART 2
I'VE ARRIVED AT THE AIRPORT AND I HAVE BEEN TOLD I AM OVERBOOKED AND I CAN'T STAY IN MY HOTEL AND WHAT THEY HAVE OFFERED ME I DO NOT LIKE - WHAT CAN I DO?
You have two options - you can stay in the resort and check into a hotel of your choosing which you in all probability will have to pay for, and then when you return to the United Kingdom you will have a battle to try and claim back the cost of the accommodation. You should therefore keep all receipts and you should make sure that you make immediate contact with the tour operator's representative and complete a Customer Complaint Form and make sure that the representative is aware that you are unhappy with the accommodation offered and that you have made your own arrangements and that you will be pursuing a claim upon your return.
The other option is to demand that the tour operator returns you to the United Kingdom immediately and you pursue a claim for a full refund of your holiday costs and the inconvenience when you get home.
If you have viewed the alternative accommodation and you think that you can make the best of it, what you must do is compare that accommodation with what you actually booked and paid for, note any price difference if it is of a lower standard and note down exactly what was not provided which would have been provided in your original hotel and then when you return to the United Kingdom write to the tour operator and complain. You should also complete a Customer Complaint Form and complain.
You should also complete a Customer Complaint Form when you are in resort and make your complaints known in writing to the tour operator's representative. This will help you when you return and you are making a formal complaint
wizard
hi Yoda . sorry to hear about your awful situation and I agree , try to stay calm and check out your options first. I know you havnt got long but have you had a look around on the internet to see if there is anything better available with another operator if you take your money back and Im assuming + compensation. ??.
lyn
lyn
Hi Yoda,
AS already advised, suggest you speak to Ros, or her assistant within the limited time frame you have.
Under the deplorable circumstances it seems to me your only option is to accept what is offered in a manner advised by Ros, (sort of under protest she will tell you what to do), go on your holiday, and go for the jugular when you get back.
Ros might well advise you gather evidence whilst you are there, such as are they really full, and the price and facility differences between what you booked as opposed to what you have had to accept.
Best of luck Yoda, to depths to which some travel companies will descend to cheat us are beyond belief!
Peter
AS already advised, suggest you speak to Ros, or her assistant within the limited time frame you have.
Under the deplorable circumstances it seems to me your only option is to accept what is offered in a manner advised by Ros, (sort of under protest she will tell you what to do), go on your holiday, and go for the jugular when you get back.
Ros might well advise you gather evidence whilst you are there, such as are they really full, and the price and facility differences between what you booked as opposed to what you have had to accept.
Best of luck Yoda, to depths to which some travel companies will descend to cheat us are beyond belief!
Peter
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