We booked a coach tour to South of France with this company via Wallace Arnold Travel Agents on 14 August 2012 for departure on 18 August 2012. We chose our seats and accepted a twin room at the hotel (we have this confirmed in writing) and paid our money. The agent gave us our receipt and told us to go and pack ready for out holiday - not to worry if we don't receive anything in writing from National Holidays so near to departure - just show the receipt to the driver when we joined the feeder coach - our holiday was booked.
On Friday 17 August my husband received a call on his mobile to say the 'hotel has overbooked the rooms' and the holiday was cancelled (less than 24 hours prior to departure). We asked if they could find us a room in another hotel but apparently this is 'not company policy'. They offered another holiday departing on the same day to Austria but we had already been to that country several times - we declined.

We went into Wallace Arnold and told the agent what had happened - she contacted National Holidays and asked them to check again with the hotel in case there had been a cancellation - nothing available. She asked them to find us an alternative hotel, again the answer was no. she tried to find us an alternative holiday but there was nothing available. She refunded our money and we left the agency with no holiday, packed suitcases, euros bought, lift to the departure point organised - all for nothing!

I emailed the hotel to ask why it had been overbooked and they advised that the rooms which had been requested by National Holidays on 16 August (2 days after we had a confimed twin room) were 'on option' and not in the number of rooms contracted to National Holidays. The hotel was fully booked and no rooms were available (thanks to the Manager for a swift reply and a polite and understanding email).

The holiday we booked in good faith should have been 'subject to availability' as the room was actually on option. Why was it sold to us as a confirmed booking on 14 August only for the room to be requested by the tour operator 2 days later and less than 48 hours prior to departure?

We emailed National Holidays on 18 August to lodge a complaint and received an automated response to the email. We have receive no contact from them at all since.

We have pointed out to them in the complaint that their terms and conditions of booking clearly states in section 16 "If anything goes wrong with your holiday that is directly our fault then we accept responsibility to compensate you. We also accept responsibility to compensate you if it is the fault of our staff or anyone else providing the holiday to you and this may include the hotel owner and ferry operator". There can be no more serious 'anything goes wrong that is directly our fault' than actually mis-selling a customer a holiday!

We feel that it was grossly negligent of their staff to sell us a package holiday whereby the accommodation confirmed to us in the booking was not actually available. We have ended up with no holiday at all and are extremely disappointed, angry, frustrated and distressed. They appeared quite unmoved with the impact of cancelling a 9 day holiday less than 24 hours before dearture.

Do you think we have a bonafide claim against them for compensation? If so, how do you suggest we progress this further? has anyone had a similar experience with this company and if so, was the matter resolved satisfactorily?

Many thanks,

A and A