This sounds rather unsatisfactory and slightly confusing.
If Directline Holidays packaged this holiday for you it would have been sold at an inclusive price ie. you got one total price for the whole holiday. You wouldn't have known how much flights or hotel cost separately. If the hotel accommodation was subject to a major change, that you didn't want to accept, you should have been entitled to a refund for the whole holiday.
On the other hand, if you got separate invoices and separate prices for flights, accommodation, transfers etc. this is not a package and you would have only been entitled to a refund of the accommodation costs.

We did not ask for or get seperate contracts we got one booklet sent to us with our flight details and accomodation details enclosed we paid them £5400 in a one of payment.The mistake we made was my partner does not like going into debt ,I wanted to pay on the credit card before we had all the cash but my wife insisted we wait until we had all the money and paid via debit card thus not being covered by the consumer credit act, but i hear in the eyes of the law it would have to be seen as a package holiday, no one told us anything different when we booked the holiday!

If you got one invoice/receipt showing a total amount (no price breakdown) and an ATOL receipt, you booked a 'package' holiday. In this case you should have been entitled to a full refund. If at any time you knew how much the flight and accommodation cost separately and you didn't receive an Atol receipt then it wasn't a package.
Now you have been on the holiday, it could be seen that you 'accepted' the change and therefore it could be difficult to try to recoup any monies. You would have to prove that you were entitled to a refund but were refused.
If you had further complaints about the actual holiday, that would be a different issue. Those you would have to try to rectify with Directline Holidays before going to either arbitration or small claims court.

We have given direct line every chance to resolve this and they offered us a £150 of our next holiday with them . Which is never going to happen ,our accomadation was terrible for the first week of our honeymoon and we have photographic evidence. we just dont know which would be best a small claims court or arbitration. We are so angry they ruined our honeymoon and my wife was in tears several times in the weeks build up to our wedding day plus we both took a day of work to try to resolve this issue to no avail and recompense for this would be nice as we both lost a days pay . A full refund was all we asked for and we would of been more than happy to walk away . We have followed abtas advice all the way but i think they have not given us the best advice thats why we have come to this forum!

As long as you have made at least two attempts to resolve the holiday complaints you could take it to the small claims court. What advice have Abta given you that you doubt? If you go to arbitration the decision is binding.

Simpson Millar offer free advice to members of HT. I would suggest contacting them and you will find their details HERE

Please remember to keep the members updated on your progress.

luci

Just want to say a very big thankyou !!! to sunaddict and everyone else who has helped with our problem thanx so much for such a fast and helpfull response to our post!! It means a hell of a lot to us!! thank you all very much!!

pedrofinia
You're welcome. Keep us informed on how things are progressing.

Hiya

I have just registered and have noticed your dilema. I dont know if you have already resolved the issues mentioned, however I would like to advise that I got stung for the same thing.
Last year i booked through one company (2bookaholiday.com) i obtained one price, which was 2400 for 2 people for 2 weeks in a brand new AI resort in Kos.
As far as i am concerned,I booked a "package holiday" unknown to me, I had actually booked a "dynamic package holiday" this only became apparent when we returned to the uk after contracting food poisoning at the AI resort,we were ill for 19 days,the resort did not have the facilities mentioned on the website, the pools were not maintaned , the staff were rude and verbally abusive. When we returned, we made a 5 a4 pages complaint via 2bookaholiday.com at just how disgusting the hotel was and how disappointed we were and we expect some form of compensation.....
Weeks later we received a letter from "somewhere.stay.com" stating they were sorry that the holiday and hotel resort was not to our satisfaction but they had recieved little complaints about the complex and attract thousands of happy holiday makers.... They offered no form of compensation and basically made me out to be a liar.

Not happy with the response I received , I contacted 2bookaholiday.com and asked who these people were as I had booked through themsleves, their reply was, basically we (2bookaholiday.com) act merely as an agent only to somewheretostay.com and therefor accept no liability for any claims that may arise, is does specify this on our booking terms and conditions. I took my case to Simpson Millar as advised above and as I booked a "dynamic" package I am not covered under the package holiday act 1992 and they regrettably told me that they could not continue with my case as we would stand no chance in the court of law. The only way i could make a claim would be to go through court in the country in which the holiday was . In my case this was Greece... This was going to be a very costly matter which in the long run would defeat the object of trying to claim compensation.

I have said all the above to inform people that these companies are getting away with things like the OPs and my own case by simply not advising holiday makers that we are booking a dynamic package. Basically I lost out on the 2400 as we did nothing on the holiday but sit by a toilet, we used no facilities as we were not well enough to do so. the last 3 days we were able to get to the local resort to see a doctor, this cost us 80 euros and he advised we rest, we used our own money to eat outside the resort despite paying for the all inclusive. and in the end. we got nothing!!

I did have the satisfaction of reporting the hotel to the GNTO but do not as yet know the outcome of this report. I did consider a small claims court, but again was told it would prob end up with me paying money in the long run. the Arbitrators ignored any correspondence I sent and 2bookaholiday.com got away with what they did, as in their eyes. they did nothing wrong.

I hope your case is different OP but if you have booked a dynamic package then I am affriad it sounds like your in the same position as myself.

Good Luck

Regards

Chelle

As far as i am concerned,I booked a "package holiday" unknown to me, I had actually booked a "dynamic package holiday"

Unfortunately you are just like many other people. If you read the regulations as to what comprises a package then you would naturally assume that is what you were getting. As a rule of thumb a "package holiday" is when you book with a Tour Operator such as Thomson, Thos Cook and one or two others - Booking via the plethora of companies on the net all you are getting is someone to do the DIY for you. There are some companies that whilst putting it together have their own schemes that protect but it really is a minefield.

fwh

A 'package' means 'the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: -
1) Transport
2) Accommodation
3) Other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.'

Anyone that sells a package including a flight has to be covered by an ATOL and you should get an ATOL receipt with your paperwork.

A lot of high street travel agencies package holidays (we used to where I used to work) and rarely had any problems, and so do a number of internet companies.

Hi

Thanks for the replies.

Even in Thomas Cooks / Manos terms and conditions specify they are an agent only.... That leaves us with I believe Thomson / First Choice and who??? that are purely package holidays ....... I cant seem to find anyone else.

Looking to book Lindos this year but am not falling for the same thing as last year, booking through an actual travel agent seems to be so much more expensive for the same holiday, its crazy just how much the prices change.

As long as I'm covered under the Package Travel reg Act 1992 I dont care who I go with, having said that I've spent a considerable amount of hours reading the small prints and none of them mention it other than First Choice and Thomson.

Any ideas anyone?

Thanks

And technically speaking.... just because you book 2 things together in one payment, does not make it a package holiday. I paid for my 2400 AI FLIGHTS AND ACCOMODATION in one payment and still wasnt covered.

My argument with the booking company, was they never specified this at time of booking, to which of course - they denied !!

I just did a dummy booking and when it came to one of the final screens I got a flight and hotel breakdown cost - typically an indication of a dynamic rather than package holiday.

Mark

Really?? SO on that basis, does that mean then that anything that shows a breakdown in prices - is not a package holiday? thing is ..... i saw mine on the web then booked it over the phone. what happens then.?? I asked for a recording of the call but they said they dont do them. should I have given up or do you think I should have stayed and fought some more??

Thanks

I went to Portugal a few years ago and had a holiday from HELL.
When I came back I contacted Rod Fernihough,the travel Solicitor who used to advise HT members.
She got all my accommodation costs back and because I was on a dynamic package holiday ,flight and transfers were not refunded.

That's not unusual as you still used them and presumably you weren't complaining about them, but the accommodation?

Thats right Sunaddict,But I was posting this because Chellekay has been informed by a solicitor you cant claim if you are on a Dynamic package as it wont stand up in court.
Maybe Ros didnt take our case to court.

Like so many I live in the UK AND RECENTLY have been a victim of the "Dynamic Package" holiday a clever play on words which means that your holiday is not covered by the package holiday legislation.

Take heart though it is under review in the EU , and Which are also pushing for changes as this type of selling is being seen as unscrupulous, too late may be for some of us...... For myself I bought my All Inclusive Holiday fro Hays Travel and I'm currently chasing them, their get out is because I made selections for my flight and transfer to get to the Hotel Fereniki in Crete (At All Costs Stay Away!!) effectively making a Dynamic Package Holiday... Despite the fact I paid Hays for the lot they're washing their hands of the deal saying I've got to deal with "MY ACCOMMODATION SUPPLIER" like I'd actually done the deal with Hotel4u.

JUST WHAT WAS THE POINT OF DEALING WITH HAYS????? What I find really deceitful is that I was never made aware of how this booking scheme would affect my rights.

If you can watch the BBC TV programme 'Don't Get Done Get Dom' where he takes Hays Travel to task over a holiday sold this way and that failed to meet expectations....... He also looks in Dynamic Packaget Holidays and it has given me info and ammo to fire. It might just help and give you hope (NB how much longer it will be on there for but if you can give it a view on their iPlayer catchup service)

It was heart warming when Hays backed down, and refunded, Remember no company of the likes bad publicity and this practice has got to be stamped out PDQ!!

At the moment if you're about to book a holiday you MUST ask the question is this a Dynamic Package Holiday? If it is walk away, because if it goes wrong you'll be the loser and the more that walk away the quicker they'll realise they can't keep ripping us off