Hi, I wonder if somebody could offer us some advice. We recently travelled to the Maldives for our honeymoon. Upon arrival we were downgraded for the first night from the water villa we had booked due to the island being overbooked. They told us there was a medical emergency and a guest couldn't be moved but she was out in the bar that night apparently and we were told by other staff members that the island was overbooked and some guests even had to be diverted to a neighbouring island so technically we were lucky in only being downgraded. The resort did appologise and said they would refund the difference and we could move the second day. We emailed our tour operator immediately and they did talk to the resort and emailed back saying there was a medical emergency etc and nothing could be done. We emailed back saying wld the refund come directly from them or from the resort but they did not reply.
We were very disappointed that the first night of our honeymoon was not how we wanted it to be but decided we would make the most of the rest of our holiday. As our tour operator had not replied to 2 separate emails regarding the refund we asked the resort directly and they said they would refund it. However, when we actually requested the refund to be put through the resort was bullying in their approach and kept asking us to come back later. We spent quite a bit of time waiting in reception and the offer of refund they eventually came out with was less than the difference we had paid between the water villa and the beach villa. We thought this was very unfair and wanted them to at least refund what we knew to be the difference between the two rooms (we knew as we had been quoted for both beach and water villa's). They were very bullying in their approach and tried to force us into signing a non disclosure agreement saying we would not reveal the facts of the matter to any third party including travel websites or legal organisations. I refused to sign and their attitude became quite nasty. They did not refund any money even though they said they would. I took the matter up with the operator upon our return and explained that we were less than happy and they should have dealt with the refund and left us to enjoy our holiday. Instead they ignored out emails and left us to argue with a nasty reception staff on our own.
I sent a couple of friendlyish emails to the tour operator upon my return that were ignored. Eventually I sent a formally worded email saying I required a refund that included a component for loss of value and a component for disappointment and distress.
I got a letter back saying the resort has agreed a refund for loss of value but would not give any damages for disappointment or distress, the tour operator offered £100 voucher of future holidays.
This holiday was a once in a lifetime and we will not be booking with them again.
Is it worth pursuing a figure for disappointment? All we wanted was a nice honeymoon but what with the downgrading disappointment, not being able to unpack and then moving the next day and the ongoing arguments and bad feeling with the reception staff did unfortunately overshadow what should have been a holiday of a lifetime and this should not be happening when you have to pay almost £5000 for a weeks holiday.
Thanks
Sorry to hear about your experience on honeymoon.
You didn't get what you paid for so IMO the contract was broken, and obviously the loss of your special room caused you upset.
What is the name of the tour operator please? By offering you £100 in vouchers they are acknowledging the fact that you are entitled to some form of recompense for the distress.
I'd have a word with Simpson Millar Solicitors on 0808 145 1358 they will offer you free advice.
Good luck and please let us know how you get on.
You didn't get what you paid for so IMO the contract was broken, and obviously the loss of your special room caused you upset.
What is the name of the tour operator please? By offering you £100 in vouchers they are acknowledging the fact that you are entitled to some form of recompense for the distress.
I'd have a word with Simpson Millar Solicitors on 0808 145 1358 they will offer you free advice.
Good luck and please let us know how you get on.
The tour operator is usually responsible for a refund of this nature as you have a contract with them, not the hotel. You should have filled in a complaints form whilst there, and sent a copy of it with a letter to the tour operator, once you had returned home. No need to waste time sending 'friendly' emails, just a short concise letter, sent recorded delivery.
A tour operator wouldn't agree to a refund there and then when you emailed while you were away. They need to investigate with hotel and get proof, in writing, from them that you were in fact downgraded, and for how long. This sort of thing is not dealt with by a tour operator, whilst you are still in resort. They have to follow a process.
Whilst I understand how you feel about the start to your honeymoon, claiming for disappointment is never easy, and some TO terms and conditions have a clause in stating that they do not accept claims for disappointment (a bit like airlines don't pay out for consequential losses).
Like Glynis I would be interested to know which TO.
A tour operator wouldn't agree to a refund there and then when you emailed while you were away. They need to investigate with hotel and get proof, in writing, from them that you were in fact downgraded, and for how long. This sort of thing is not dealt with by a tour operator, whilst you are still in resort. They have to follow a process.
Whilst I understand how you feel about the start to your honeymoon, claiming for disappointment is never easy, and some TO terms and conditions have a clause in stating that they do not accept claims for disappointment (a bit like airlines don't pay out for consequential losses).
Like Glynis I would be interested to know which TO.
Definitely follow the advice Glynis gave. In the meantime- do not accept the vouchers.
I'm sorry to hear about such an unfortunate start to your honeymoon but one of the things to bear in mind is that having pushed the hotel to make the refund themselves rather than waiting until this sorted out by the TO, they would almost certainly have offered you the difference between what they charge for the two different types of room which is not necessarily the same as the TO charged you.
As, Sunaddict says, your contract would have been with the TO and it is highly unusual for any refund to be made before you get home. I suspect that the offer from the hotel might have been made by a junior member of staff that was then rescinded by a more senior manager.
It will help members if you can provide some more detailed information:
1) Which TO was it and which TA, if any, did you book with? Some have better customer service depts than others and members in the trade (such as Sunaddict) could then provide you with more specific advice.
2) Was there a holiday rep in the resort?
3) And if there was did you lodge a complaint with them and fill in a form at the time?
4) And linked to this, did they try and help you at the time? TOs usually say that in the first instance you need to give the local rep a chance to sort things out for you. Of course you can't do this if there is no rep in resort but you did the next best thing by informing their UK offices.
5) Most codes of practice mean that the TO has up to 28 days to respond to your complaint. In the 1st instance this usually means that they will send an acknowledgement of your complaint just before the 28 days are up. They then have a further 28 days but you need to bear in mind that getting a complaint sorted can take longer if the hotel disputes your version for the story and the TO in all fairness has to to give them the opportunity to present their side of the story too.
I am assuming that you were moved into a water villa the day after you arrived? If that is the case then I think that the most the TO will offer you is a refund of 1 nights difference between the two types of room. I'm afraid that overbooking is endemic in the travel industry - they do it ensure that they keep room occupancy rates as high as possible and rely on there always being a certain % of no-shows/late cancellations and an unexpected event such as a guest not moving out of a room on the expected date can throw all those calculations out.
As Fiona says, do not accept the vouchers if you are wanting to hold out for a cash settlement - if you accept them they will consider that you have agreed to settle the dispute.
SM
As, Sunaddict says, your contract would have been with the TO and it is highly unusual for any refund to be made before you get home. I suspect that the offer from the hotel might have been made by a junior member of staff that was then rescinded by a more senior manager.
It will help members if you can provide some more detailed information:
1) Which TO was it and which TA, if any, did you book with? Some have better customer service depts than others and members in the trade (such as Sunaddict) could then provide you with more specific advice.
2) Was there a holiday rep in the resort?
3) And if there was did you lodge a complaint with them and fill in a form at the time?
4) And linked to this, did they try and help you at the time? TOs usually say that in the first instance you need to give the local rep a chance to sort things out for you. Of course you can't do this if there is no rep in resort but you did the next best thing by informing their UK offices.
5) Most codes of practice mean that the TO has up to 28 days to respond to your complaint. In the 1st instance this usually means that they will send an acknowledgement of your complaint just before the 28 days are up. They then have a further 28 days but you need to bear in mind that getting a complaint sorted can take longer if the hotel disputes your version for the story and the TO in all fairness has to to give them the opportunity to present their side of the story too.
I am assuming that you were moved into a water villa the day after you arrived? If that is the case then I think that the most the TO will offer you is a refund of 1 nights difference between the two types of room. I'm afraid that overbooking is endemic in the travel industry - they do it ensure that they keep room occupancy rates as high as possible and rely on there always being a certain % of no-shows/late cancellations and an unexpected event such as a guest not moving out of a room on the expected date can throw all those calculations out.
As Fiona says, do not accept the vouchers if you are wanting to hold out for a cash settlement - if you accept them they will consider that you have agreed to settle the dispute.
SM
Hi, Thanks fro your replies.
We booked with Tropical Sky. There was no rep there but I emailed TS immediately so that they were aware of the situation. The resort apologised and told us they would refund the difference and that they were certain we would still have a nice holiday etc. I emailed TS to ask them how the refund would be actioned as I wanted them to be fully aware and also felt that I would have more chance or getting a refund whilst still there. I didn’t want to get home only for the resort and TS to ignore me. Although I didn’t get a reply from TS the guest relations manager approached us the next day and said towards the end of our holiday they would refund the difference. They said it was easiest this way as any expenses we occurred during the holiday could be offset against the refund and the difference credited back onto our card directly. This was the reason we pursued the refund with the resort – as we had not heard back from TS and the resort manager told us how things would work. Unfortunately when we went back to reception the day before we were leaving the guest relations manager had left the island and nobody knew anything about it. They offered us a low amount after several arguments and you know the rest.
We moved to the water villa the day after then had a few good days before we had to deal with the reception staff again.
This particular island is quite small, only 130 guests, but they also run a neighbouring island which has 900 guests. I’ve read a few times about people being diverted to the other island and I guess if you can over book the expensive island and use the cheaper bigger island as a feeder resort / overflow resort then you can always have maximum occupancy at the expensive resort. Unfortunately they will be ruining peoples holiday in the process and if you pay £5000 for a holiday you expect it to be perfect but it seems they are more concerned about being fully booked than people enjoying their holiday.
We booked with Tropical Sky. There was no rep there but I emailed TS immediately so that they were aware of the situation. The resort apologised and told us they would refund the difference and that they were certain we would still have a nice holiday etc. I emailed TS to ask them how the refund would be actioned as I wanted them to be fully aware and also felt that I would have more chance or getting a refund whilst still there. I didn’t want to get home only for the resort and TS to ignore me. Although I didn’t get a reply from TS the guest relations manager approached us the next day and said towards the end of our holiday they would refund the difference. They said it was easiest this way as any expenses we occurred during the holiday could be offset against the refund and the difference credited back onto our card directly. This was the reason we pursued the refund with the resort – as we had not heard back from TS and the resort manager told us how things would work. Unfortunately when we went back to reception the day before we were leaving the guest relations manager had left the island and nobody knew anything about it. They offered us a low amount after several arguments and you know the rest.
We moved to the water villa the day after then had a few good days before we had to deal with the reception staff again.
This particular island is quite small, only 130 guests, but they also run a neighbouring island which has 900 guests. I’ve read a few times about people being diverted to the other island and I guess if you can over book the expensive island and use the cheaper bigger island as a feeder resort / overflow resort then you can always have maximum occupancy at the expensive resort. Unfortunately they will be ruining peoples holiday in the process and if you pay £5000 for a holiday you expect it to be perfect but it seems they are more concerned about being fully booked than people enjoying their holiday.
I don't want to be blunt here but I think you need to really look at the bigger picture. One night you were put into a down graded room. Yes I do think that you should get reimbursed for the price difference. In respect of disappointment etc then that it just getting abit silly. Having just returned from my own honeymoon, I appreciate you want it to be perfect but arguing with the reception staff was a decision you took. This can easily be resolved when you get home. In legal terms, in the UK, punitive damages do not exsist and your claim for being upset/couldn't enjoy is a non starter especially when your upset can be resolved by being reimbursed for the difference in rooms. By all means try and get your money back for the one night or let it go and enjoy married life as it was one night.
I tend to disagree with you Greenshoes. I would expect to be fully reimbursed for the one night and due to the way the request for a refund has been dealt with by both the tour operator and the hotel I would regard this as stressful and a great inconvenience.
Punitive damages may not exist in UK law but I can certainly tell you that payment for the time you have spent and any phone calls are all fully reimbursable.
I would tell the tour operator that due to their failure to handle your complaint in a timely manner with reasonable care and skill you are now charging them for your time in dealing with the complaint. Work out how long you have spent and charge it at 1.5 times your normal hourly wage. Or if you made any contact on a Sunday that would be double rate. I would also advise them that any additional emails you have to send will be charged at a flat rate of £10 per email.
As you can see if you put the ball in their court and it takes them X number of moths to sort your bill will be growing and growing and in the end can far out weigh the original refund request.
I have always worked this way with any company that I have a complaint with. I have done this numerous times and as you can justify the charges with them being comparable with your normal salary then you can reasonably expect to be paid them.
I have been doing this for years and I have yet to come across a company that will not payout or negotiate a lower payment. It firmly puts you in control of the time frames. Just make it very clear that you will be charging.
Punitive damages may not exist in UK law but I can certainly tell you that payment for the time you have spent and any phone calls are all fully reimbursable.
I would tell the tour operator that due to their failure to handle your complaint in a timely manner with reasonable care and skill you are now charging them for your time in dealing with the complaint. Work out how long you have spent and charge it at 1.5 times your normal hourly wage. Or if you made any contact on a Sunday that would be double rate. I would also advise them that any additional emails you have to send will be charged at a flat rate of £10 per email.
As you can see if you put the ball in their court and it takes them X number of moths to sort your bill will be growing and growing and in the end can far out weigh the original refund request.
I have always worked this way with any company that I have a complaint with. I have done this numerous times and as you can justify the charges with them being comparable with your normal salary then you can reasonably expect to be paid them.
I have been doing this for years and I have yet to come across a company that will not payout or negotiate a lower payment. It firmly puts you in control of the time frames. Just make it very clear that you will be charging.
I think it would be totally ridiculous to just forget about the downgrade.
What was the difference in price? I would just go for that and in cash- not holiday vouchers.
Its a shame you let it spoil the rest of your honeymoon though. You were highly unlikely to get them to refund you right away- the TO I mean. But you paid for something you did not get so there should be no ifs or buts.
Who is the TO and what is the name of the hotel?
What was the difference in price? I would just go for that and in cash- not holiday vouchers.
Its a shame you let it spoil the rest of your honeymoon though. You were highly unlikely to get them to refund you right away- the TO I mean. But you paid for something you did not get so there should be no ifs or buts.
Who is the TO and what is the name of the hotel?
sorry
I managed to miss your second post where you named the TO
I managed to miss your second post where you named the TO
The OP has been offered a £100 (in vouchers) to cover the one night downgrade. If it covered the downgrade amount, I would ask for it in £s rather than vouchers.
The OP had unrealistic expectations if he thought the TO would deal with this whilst he was on holiday. At the end of the day it's a complaint, and has to be dealt with via the TO complaints procedure, which is quite clear in their terms and conditions.
It is a shame that he tried to sort it whilst away, as by trying to do so seems to have caused more disappointment, and a waste of holiday time, than would otherwise have been the case.
Whether the complaint so far, from the TO receiving the first formal email, has been dealt with within allowable timescales is impossible to say, not knowing when it was sent.
The OP had unrealistic expectations if he thought the TO would deal with this whilst he was on holiday. At the end of the day it's a complaint, and has to be dealt with via the TO complaints procedure, which is quite clear in their terms and conditions.
It is a shame that he tried to sort it whilst away, as by trying to do so seems to have caused more disappointment, and a waste of holiday time, than would otherwise have been the case.
Whether the complaint so far, from the TO receiving the first formal email, has been dealt with within allowable timescales is impossible to say, not knowing when it was sent.
I would also continue to peruse this and would go for the amount that covers the cost of the amount for the one nights downgrade plus any time and money you have spent on phone calls. Don't accept vouchers as nobody really wants to spend more money with a company that has let them down so badly, particularly on something as expensive as a £5000 honeymoon.
There is also a principal at stake on this, as if people just put up with what is sloppy and shoddy service it becomes the norm, so by perusing it the compamy/hotel may handle future bookings with more care so that people actually get what they have paid for and not have to go to the grief of perusing a refund, which is stressful and time consuming. Good luck.
There is also a principal at stake on this, as if people just put up with what is sloppy and shoddy service it becomes the norm, so by perusing it the compamy/hotel may handle future bookings with more care so that people actually get what they have paid for and not have to go to the grief of perusing a refund, which is stressful and time consuming. Good luck.
The reason stated for the 1 night downgrade was because someone was ill and couldnt vacate the room they had been allocated.
If this had happened to me I would be quite happy to be refunded of the extra amount that I was charged for the water villa.
Maybe the hotel should have moved the person who was ill to the room the OP stayed in for 1 night
If this had happened to me I would be quite happy to be refunded of the extra amount that I was charged for the water villa.
Maybe the hotel should have moved the person who was ill to the room the OP stayed in for 1 night
I think that would be fair enough if the 'ill' person hadn't been seen out and about by the OP partying shortly after they had been told said person was 'ill' thus making it look even more dodgy. If you are Ill you are ill and not out making the most of your AI booze !
The OP did not see the person who was ill and stated she was apparently seen.
How they would know who the ill person is is not clear.
How they would know who the ill person is is not clear.
I will eat my own hat ( and I don't even own a hat) if this Poster manages to get a company to pay him a rate to sort it without court. It's one night upgrade cost thats the issue here. From memory the poster wasn't at a particularly high end resort so The difference will probably be about the £100. Also never fight a battle on principle, do it on common sense.
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