I wonder if anyone has any advice?
We were one of the unlucky ones who booked Kos Aqua Beach in March 2005. However after all the excellent support from this site, in May 2006 we transferred our holiday because we wanted peace of mind and good flights and were going to Zante.
On Saturday 5th August at 2.20 FC telephoned us to tell us the hotel was overbooked and they cancelled our holiday!!! We were going on the 8th aug at 7.10.
We had to go to travel agent and spent 3 hours trying to find an alternative. We have, but not to where we want to go (now going to Turkey) and we have night flights which we did not want. FC offered us £50 per person compensation, which we have not accepted.
We have written to them and also sent a copy to ABTA. Any idea where we stand legally - can holiday companies simply cancel your holiday approx. 65 hours before your departure? Help please !!! Incidentally, FC still have our money as they refused to transfer the money we had paid to the new holiday, even though it was booked in a FC shop.
Carolyn - have a read of the following: http://www.holidaytruths.co.uk/viewtopic.php?t=57912
Also it may be worth you giving Ros Fernihough, Solicitor a call on 01922 621114 she offers free impartial advice to our members.
Kath HT Admin
Also it may be worth you giving Ros Fernihough, Solicitor a call on 01922 621114 she offers free impartial advice to our members.
Kath HT Admin
First Choice should have at least offered you an alternative holiday of the same hotel standard or higher - albeit a different hotel/resort or even Country. Was no other option given, or did they suggest an alternative but this was not what you wanted and hence the refund was given?
The quote below is taken from The Package Travel, Package Holidays and Package Tours Regulations 1992
Crown Copyright is acknowledged.
Carolyn1st, overbooking is not an acceptable excuse. FC really should have discussed this situation with you, offered alternative choices (if possible) and in any respect, ensured you were FULLY refunded as soon as possible (I'd class that to be within 48 hours max is a cred. card or debit card was used to pay FC initially.
In addition, as their cancellation was so close to the departure date they are liable to pay compensation - and this is where it gets to be fun. I'd say the £50 per pax is a figure generally applied by a court where a claimant wins and the judge awards that figure for general distress etc.
However, if a tour op. fails to get you to the resort on time, and you arrive, for example, a day late you can claim one fourteenth (if a 14 day hol is booked) of the ENTIRE package cost back from the T.O.
Consider claiming for the loss of interest on the money paid to them as well.
Now, cancelling SO close to departure date is where a court would need to assess the true worth of the compensation. Kath has rightly suggested phoning Ros - do it. I did. It was well worth it.
Finally, I'm staggered at the incompetence of F.C. With computer systems as sophisticated as they are these days how the hell do they manage to overbook? And when they do make such a mistake why do they treat their customers with such contempt.
Nail 'em Carolyn.
Crown Copyright is acknowledged.
Withdrawal by consumer pursuant to regulation 12 and cancellation by organiser
13.-(1) The terms set out in paragraphs (2) and (3) 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.
(2) The consumer is entitled-
(a) to take a substitute package of equivalent or superior quality if the other party to the contract is able to offer him such a substitute; or
(b) to take a substitute package of 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.
(3) The consumer is entitled, if appropriate, to be compensated by the organiser for non-performance of the contract except where-
(a) the package is cancelled because the number of persons who agree to take it is 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 and 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.
(4) Overbooking shall not be regarded as a circumstance falling within the provisions of sub-paragraph (b) of paragraph (3) above.
Carolyn1st, overbooking is not an acceptable excuse. FC really should have discussed this situation with you, offered alternative choices (if possible) and in any respect, ensured you were FULLY refunded as soon as possible (I'd class that to be within 48 hours max is a cred. card or debit card was used to pay FC initially.
In addition, as their cancellation was so close to the departure date they are liable to pay compensation - and this is where it gets to be fun. I'd say the £50 per pax is a figure generally applied by a court where a claimant wins and the judge awards that figure for general distress etc.
However, if a tour op. fails to get you to the resort on time, and you arrive, for example, a day late you can claim one fourteenth (if a 14 day hol is booked) of the ENTIRE package cost back from the T.O.
Consider claiming for the loss of interest on the money paid to them as well.
Now, cancelling SO close to departure date is where a court would need to assess the true worth of the compensation. Kath has rightly suggested phoning Ros - do it. I did. It was well worth it.
Finally, I'm staggered at the incompetence of F.C. With computer systems as sophisticated as they are these days how the hell do they manage to overbook? And when they do make such a mistake why do they treat their customers with such contempt.
Nail 'em Carolyn.
the kos aqua beach club was cancelled completly on the 1 july, first choice did not take any customers there.
i too was cancelled and received £150 per adult compensation, i found a new holiday myself and did not pay to transfer it.
i do believe that first choice have cancelled the contract for 2007 aswell, there attitude stinks, and no way would i settle for £50 compensation.
i too was cancelled and received £150 per adult compensation, i found a new holiday myself and did not pay to transfer it.
i do believe that first choice have cancelled the contract for 2007 aswell, there attitude stinks, and no way would i settle for £50 compensation.
Dear All
Thank you for taking the time to reply to my plea!! We have just come back from Turkey (which we hated), we really are Greece people. Have had no response to my letter to FC, they have however refunded our card and paid £50 pp compensation (which I have told them I have accepted under duress).
I have however had a letter from ABTA who have informed me that FC have 28 days to write to us explaining in full detail why our holiday was cancelled. They have stated that if they do not do this we have to inform ABTA and they will chase FC. I will let you all know what happens. Once again, thank you for your advice and support
Thank you for taking the time to reply to my plea!! We have just come back from Turkey (which we hated), we really are Greece people. Have had no response to my letter to FC, they have however refunded our card and paid £50 pp compensation (which I have told them I have accepted under duress).
I have however had a letter from ABTA who have informed me that FC have 28 days to write to us explaining in full detail why our holiday was cancelled. They have stated that if they do not do this we have to inform ABTA and they will chase FC. I will let you all know what happens. Once again, thank you for your advice and support
£50 pp compensation (which I have told them I have accepted under duress).
By accepting the £50 I think that's the end of it compensation wise. Did they give the £50 via your card or a cheque?
I think I see where you're going Glynis.
Carolyn said they've put the money back on her card. As below:
If they did this then told you afterwards then you've not necessarily agreed to it - as they gave you no choice. If you subsequently wrote tothem and said you'd accept then that's an end to it. If you've had a conversation with them after the refund and clearly accepted, and if they record the conversations again, you've probably killed any hope of additional compensation.
If you feel that in the light of the ABTA info you may recover more than the £50 pp offered, write to FC instructing them that you do not consider the payment made them them to be full and final acceptance; should they wish to reclaim the money they should request permission from you but they could alternatively leave the money on your card on the understanding it is an interim payment on their part subject to the ABTA findings and you reserve the right to reclaim further recompense.
Mike
Carolyn said they've put the money back on her card. As below:
they have however refunded our card and paid £50 pp compensation (which I have told them I have accepted under duress).
If they did this then told you afterwards then you've not necessarily agreed to it - as they gave you no choice. If you subsequently wrote tothem and said you'd accept then that's an end to it. If you've had a conversation with them after the refund and clearly accepted, and if they record the conversations again, you've probably killed any hope of additional compensation.
If you feel that in the light of the ABTA info you may recover more than the £50 pp offered, write to FC instructing them that you do not consider the payment made them them to be full and final acceptance; should they wish to reclaim the money they should request permission from you but they could alternatively leave the money on your card on the understanding it is an interim payment on their part subject to the ABTA findings and you reserve the right to reclaim further recompense.
Mike
they have however refunded our card and paid £50 pp compensation (which I have told them I have accepted under duress).
This is the part I was trying to clarify Mike as I wasn't sure if it went on to the actual card or whether it was sent separately.......Bit of a cheek of them to do that if it's been done via the card.
Dear All
FC did put the "compensation" back on our card at the same time they refunded the cost of the holiday. I clearly told them when they told me that the compensation was £50 pp that it was a joke and "they would see me in court" to which the girl at FC stated "that is up to you". I have since written to them stating that £50pp is not nearly enough. I think I have done everything right and they certainly know that in our opinion £50pp is not enough.
Anyway still not heard from them although I did receive a promotional brochure from them today with special offers for next year!!! They have until the 4th September to reply otherwise ABTA will be chasing them.
FC did put the "compensation" back on our card at the same time they refunded the cost of the holiday. I clearly told them when they told me that the compensation was £50 pp that it was a joke and "they would see me in court" to which the girl at FC stated "that is up to you". I have since written to them stating that £50pp is not nearly enough. I think I have done everything right and they certainly know that in our opinion £50pp is not enough.
Anyway still not heard from them although I did receive a promotional brochure from them today with special offers for next year!!! They have until the 4th September to reply otherwise ABTA will be chasing them.
I've spoken to Ros's PA regarding this issue as I think it's a cheek.
She said for you to write to FC sending it recorded delivery stating that :-
Regarding the refund of money due to the cancellation of your holiday, the extra amount above and beyond the actual cost of the holiday is not accepted in full and final settlement and that you will be seeking 3rd party advice
She said for you to give her a call if you need any further assistance 01922 621114
She said for you to write to FC sending it recorded delivery stating that :-
Regarding the refund of money due to the cancellation of your holiday, the extra amount above and beyond the actual cost of the holiday is not accepted in full and final settlement and that you will be seeking 3rd party advice
She said for you to give her a call if you need any further assistance 01922 621114
Dear Glynis
Thanks for that. I shall put the letter in the post today. Will let you know what happens.
Thanks for that. I shall put the letter in the post today. Will let you know what happens.
Is it me or are First Choice the worst holiday co? Every forum thats got FC in it seems to have so many views and replies and their attitude is really poor. I'm sure if there was a thread for FC complaints alone it would make good reading.
I wouldn't use FC again and wouldn't recommend them either.
I wouldn't use FC again and wouldn't recommend them either.
Dear All
Just to let you know the latest!!
FC finally replied to my letter 30 days after mine!! In the meantime I had let ABTA know that they had not replied within the 28 day period.
Anyway, FC basically did not give me an explanation, only said that the hotel was overbooked and that they will not give us any more compensation and thanked us for our comments, as it was always helpful to get customer feedback. They also stated that as we were the last to book Zante Beach, we were the first out!!
I have sent them another letter stating that our first holiday was booked with them in May 2005, so their last in, first out policy was very unfair. I have also told them that we will take them to court if we don't get further compensation (considering that we lost £75 when we had to convert from euros to TL, £150.00 is a joke). I have asked for a better explanation - who was responsible for the overbooking etc.
Anyway just thought I would let anyone interested know the latest. I have to say evrytime I see their advert on telly, I want to throw the remote control at it!! (don't suppose I can claim for a new telly from FC!).
Just to let you know the latest!!
FC finally replied to my letter 30 days after mine!! In the meantime I had let ABTA know that they had not replied within the 28 day period.
Anyway, FC basically did not give me an explanation, only said that the hotel was overbooked and that they will not give us any more compensation and thanked us for our comments, as it was always helpful to get customer feedback. They also stated that as we were the last to book Zante Beach, we were the first out!!
I have sent them another letter stating that our first holiday was booked with them in May 2005, so their last in, first out policy was very unfair. I have also told them that we will take them to court if we don't get further compensation (considering that we lost £75 when we had to convert from euros to TL, £150.00 is a joke). I have asked for a better explanation - who was responsible for the overbooking etc.
Anyway just thought I would let anyone interested know the latest. I have to say evrytime I see their advert on telly, I want to throw the remote control at it!! (don't suppose I can claim for a new telly from FC!).
Carolyn1st,
6 weeks ago when you posted, so I've read back through the thread. I still believe they are in breach for having cancelled your holiday as a result of OVERBOOKING. That said, they did it and in a manner that goes against the rules - they should have discussed with you, offered alternate holidays (of greater value if that's all that's suitable) and sought your agreement BEFORE simply cancelling you.
I do strongly recommend you contact Ros Fernihough to seek a clear legal opinion on this case. Don't get hung-up about possibly not being the "last booked" as that grants tacit acceptance of their claim that last-in first out is acceptable......IT ISN'T.
Ring Ros.
Thanks for keeping us up to date so far - please continue as the ultimate outcome helps build-up the collective "knowledge database".
Cheers, Mike
6 weeks ago when you posted, so I've read back through the thread. I still believe they are in breach for having cancelled your holiday as a result of OVERBOOKING. That said, they did it and in a manner that goes against the rules - they should have discussed with you, offered alternate holidays (of greater value if that's all that's suitable) and sought your agreement BEFORE simply cancelling you.
I do strongly recommend you contact Ros Fernihough to seek a clear legal opinion on this case. Don't get hung-up about possibly not being the "last booked" as that grants tacit acceptance of their claim that last-in first out is acceptable......IT ISN'T.
Ring Ros.
Thanks for keeping us up to date so far - please continue as the ultimate outcome helps build-up the collective "knowledge database".
Cheers, Mike
Dear Mike
I will certainly let you know when I receive a reply from FC. I think I will wait for their reply before contacting Ros as I am trying to not get too angry or let this mess take over my life (if that makes sense, not sure I do anymore!!).
Anyway, thanks again for your interest and support. This site has really been invaluable, both in this case and with the dreaded KABC.
Talk soon.
Carolyn
I will certainly let you know when I receive a reply from FC. I think I will wait for their reply before contacting Ros as I am trying to not get too angry or let this mess take over my life (if that makes sense, not sure I do anymore!!).
Anyway, thanks again for your interest and support. This site has really been invaluable, both in this case and with the dreaded KABC.
Talk soon.
Carolyn
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