My Daughter and 6 of her friends booked their first holiday to malia though FC in Oct 07 for July 08.
When the girls booked the holiday at Greenford they were told that they would be staying at Ilios Malia apartments the rep at greenford also marked the Brochure on Ilios Malia for each of them,she also told them it's a family resort,which put us as parents minds at ease that our girls would be staying in a lovely new resort.
We feel that the rep at Greenford had made a mistake and booked the wrong apartments. ( which I'm sure they will not admit to)
I have been into the branch today and was told that the girls were booked to stay at Ilios apartments and had signed a contract again this seems odd as they told me today that they had to be 18 to sign the contract and at the time all of them were 17 and were never asked there ages.
FC sent an email 6/09/08 to say they can't do anything as no customer report form was filled out while there were in Malia
With regards to a Customer report form! The rep at the resort told them that she would sort everything out in her report,again as this was the girls first holiday how could anyone expect them to know how to complain and to know what forms they needed to ask for, surely that is what the rep should have done for them or even told them what to do.
To sum up the 7 girls paid for a bed each and 3 had to share 2 single beds,Whether they filled in a form or not they still wouldn't have got the extra bed they needed surely This is a health and safety issue!
so far FC has just shown us that the Reps have totally misled them, right from booking the holiday in Greenford,to the rep at the resort not explaining anything.
Can anyone advise us on what we can do now I am waiting to hear from ABTA , but after reading other people complaints and not hearing anything from ABTA I'm not holding out much hope on compensation.
I believe that contract law requires that someone should be aged 18 for it to be enforceable. Someone under 18 may enter into a contract only if someone over 18 acts as a guarantor who would be legally liable if the young person defaults.
Whilst completion of an in resort complaint form is advisory, it does not preclude any action being action being taken upon return. Simply helps in proving your case.
The quick easy answer to your problem is to contact Ros Fernihough who is a travel law solicitor and she often assists our members. Ros can be reached :-
The direct number to Ros's PA Pam is 01922 705134
Or try the switchboard number 01922 633214 and ask for Travel Dept.
fwh
Whilst completion of an in resort complaint form is advisory, it does not preclude any action being action being taken upon return. Simply helps in proving your case.
The quick easy answer to your problem is to contact Ros Fernihough who is a travel law solicitor and she often assists our members. Ros can be reached :-
The direct number to Ros's PA Pam is 01922 705134
Or try the switchboard number 01922 633214 and ask for Travel Dept.
fwh
Many thanks for your quick response and I will contact the number you have given me . 
Did they not sign a contract for the original hotel? If so who signed it? Because I think either way they would have to be 18 or above?
What did the holiday confirmation invoice state in terms of which holiday apartments they had booked? They must have received one shortly after booking. Was this not checked by the party to establish which complex was booked?
No, it seems that they signed a contract for the apartment (Ilios),which they stayed in, but it wasn't the apartments that the rep had shown them when they all agreed to book it (Ilios Malia)
The rep totally mislead them, and us a parents, stupidly let the girls book it on the own, after they had shown us which apartments the rep had told them to go for (Ilios Malia).
With regards to the age, all them were 17 at the time of signing and were never asked there ages at the hypermarket, but all of them turned 18 before they flew out in the july 08.
They TA has told me that there might be a problem with this complaint as they signed the contract under age ?. But as you can imagine this was 7 girls booking there first holiday on there own and I'm sure they wouldn't have read the small print, and why didn't the rep ask !!!.
I have now got the TA to give me a copy of the signed contract and it does give the code of Ilios apartment and Not Ilios malia.. I know what you must all be thinking "stupid parents" but we trusted our girls choice and also the rep but NOW feel angry that the TA have misled them.
Also all of the girls had a brochure with the ref number, written by the rep on the page showing the ilios malia apartments, and NOT Ilios apartments. Which is another reason for us to think that they were stay there.
But still the issue with 3 of them sharing 2 single beds!
The rep totally mislead them, and us a parents, stupidly let the girls book it on the own, after they had shown us which apartments the rep had told them to go for (Ilios Malia).
With regards to the age, all them were 17 at the time of signing and were never asked there ages at the hypermarket, but all of them turned 18 before they flew out in the july 08.
They TA has told me that there might be a problem with this complaint as they signed the contract under age ?. But as you can imagine this was 7 girls booking there first holiday on there own and I'm sure they wouldn't have read the small print, and why didn't the rep ask !!!.
I have now got the TA to give me a copy of the signed contract and it does give the code of Ilios apartment and Not Ilios malia.. I know what you must all be thinking "stupid parents" but we trusted our girls choice and also the rep but NOW feel angry that the TA have misled them.
Also all of the girls had a brochure with the ref number, written by the rep on the page showing the ilios malia apartments, and NOT Ilios apartments. Which is another reason for us to think that they were stay there.
But still the issue with 3 of them sharing 2 single beds!
I'm a bit confused - from what I can tell, Ilios Malia is not only not a separate resort but it's a hotel and not apartments. So if they wanted SC apartments, they were never going to be in the Ilios Malia but in either the Ilios 1 or Ilios 2 apartments - what exactly did it say on the confirmation? And were they booked into studios or 1 bedroom apartments - both seem to be on offer? The studios sleep 2 but the 1bed apartments have a bedroom which sleeps 2 and a sofa bed which opens out into a double. Is there any chance that the girls were booked into 1 bed apartments and didn't realise that the occupancy rate would be based on 4 people with 2 of them sharing the sofa bed?
SM
SM
If they signed underage then it's the error of the shop and not the girls!
If an underage kid has fags it's the shop that sells them to them that gets done!
In this case a 17 year old signed a contract that she shouldn't have done! The tour op has to be the one to say 'wait, you have to be 18 to sign'
If an underage kid has fags it's the shop that sells them to them that gets done!
In this case a 17 year old signed a contract that she shouldn't have done! The tour op has to be the one to say 'wait, you have to be 18 to sign'
The Girls were told by the rep to book 1 studio sleeping 2/3 and 1 room sleeping 2/4 this is what has been written on there contract, which I got a copy of from TA yesterday.
Also I don't think I have mentioned that it was a 2wentys holiday. The brochure states SC and 2 share studio and 4 share studio for Ilios Maila.
Also I don't think I have mentioned that it was a 2wentys holiday. The brochure states SC and 2 share studio and 4 share studio for Ilios Maila.
Minimum age to make a booking
How old do I have to be to book a holiday?
The minimum age to make a holiday booking with First Choice is 18 years. However, 17-year-olds can book if they have parental consent.
The above from FC website - Think it answers one question. The booking was accepted against their T&Cs. They could be prosecuted for that.
As I see it FC have entered into an illegal contract that they have also failed to honour by not providing what they had agreed so we now have a case for breach of a contract that was not a legal contract and therefore unenforceable.
Bet the lawyers can have fun with that.
fwh
My daughter and her friend, have also just told me how the rep at the TA told them after they had booked, how there apartments were directly above the ice bar and that the resort was a new one to FC that year, along with other information about the resort. So she really did her job at selling Ilios malia apartments to them, which was why they were all looking forward to the holiday in that resort, so as you can imagine, there disappointment in being put in Ilios apartments and to top it off 3 of them sharing 2 single beds..... the rep in the resort did try to get another bed for them.
So as you can see there is issues throughout this holiday.
So as you can see there is issues throughout this holiday.
Re the beds. Almost always in SC accom - apts or studios, the 3rd & 4th beds will be a sofa or camp stye bed. If the TA told the girls they would all have a 'proper' bed each then you may have some redress there. Usually there will be twin beds in the bedroom and one or two sofas in the lounge area that pull out and becomes beds for 3rd and/or 4th person.
Did they have this?
Did they have this?
I agree FWH. This problem is alot more complexed than the girls having to share a single bed. The entire contract should never have happened with the girls being underage at the time of signing it. I would phone Ros asap. Hope it all works out 
Fwh- did you mean that the girls could be prosecuted for unknowingly signing under age or Fc could be prosecuted ?
with regards to the bed situation, they would have been happy with a camp bed or a pull down but neither was in there apartment just 2 single beds for the 3 of them, the resort rep did try to find them a bed.
I have not had time to phone Ros today, but would anyone know if we have a leg to stand on with this complaint or do you think we should put it down to experience and just make sure us as parents read everything next time and not take what a Rep say's as the truth?.
with regards to the bed situation, they would have been happy with a camp bed or a pull down but neither was in there apartment just 2 single beds for the 3 of them, the resort rep did try to find them a bed.
I have not had time to phone Ros today, but would anyone know if we have a leg to stand on with this complaint or do you think we should put it down to experience and just make sure us as parents read everything next time and not take what a Rep say's as the truth?.
For what it's worth, I would ring Ros! It will cost you nothing bar the cost of the phone call. I think fwh means that FC could be prosecuted for allowing them to sign a contract without a parental consent.
No - not the girls but the company. They should have checked the ages of each person - by not ensuring that at least one (the lead name) was of an age to enter into a contract they have broken the law. Our kids may like to think they are grown up but the law is quite specific upon the age someone may enter into a contract for their protection and that of the company. I do wonder how some of the mobile phone companies get away with it.
If anyone goes to book a holiday the TOs booking conditions state that they must be aged 18, when it is a young person then it is a question they should/must ask for obvious reasons. Just as a shop may ask for proof of age. When a two or more people book then someone must be nominated as lead name. In your particular case then one must be nominated as lead name. If six were 17 and one was 18 then that person would be the lead. Where all are under 18 then parental permission must be obtained.
I appreciate time constraints but you do need to contact Ros or someone experienced in travel law on this. It is also possible that the TO will be a lot more amenable once they find realise the legal position they are in.
fwh
If anyone goes to book a holiday the TOs booking conditions state that they must be aged 18, when it is a young person then it is a question they should/must ask for obvious reasons. Just as a shop may ask for proof of age. When a two or more people book then someone must be nominated as lead name. In your particular case then one must be nominated as lead name. If six were 17 and one was 18 then that person would be the lead. Where all are under 18 then parental permission must be obtained.
I appreciate time constraints but you do need to contact Ros or someone experienced in travel law on this. It is also possible that the TO will be a lot more amenable once they find realise the legal position they are in.
fwh
Thank you fwh, you have put my mind at ease. I will phone Ros tomorrow from work. I will of course keep you all updated.
Again many thanks for all your help and advice.
Again many thanks for all your help and advice.
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