Hi
I shall keep this brief. I went on holiday to the Domincan Republic in July 06. I specifically booked this hotel as it was 4 star with a number of amenities for the children, however on arrival to this hotel I new it was a nightmare, basically after a week we had to get moved to another hotel. We found out that FC had downgraded hotel and not informed me. I complained to FC on my return waited the 28 days and received a reply apologising giving me a £150 holiday voucher!! they also said they had sent a letter informing me of the downgrade; however I spoke with my travel agent who confirmed no correspondence had gone to me or her re the downgrade. I wrote back to FC refusing the voucher. But what do I do now? do I have a good claim? any advice would be appreciated, as I am completely stressed with the whole thing. Thanks
It might help to state which Hotel. What had been promised facilities wise and what wasnt forthcoming. Also specific complaints.
You'll need to have a clear idea as to what you expect from FC - and of course, it must be reasonable.
There was a holiday program last night on t.v. (could have been "holiday from Hell") featuring customers who were placed in a different hotel to the one booked. The alternate was of a much lower standard. My immediate reaction in such a circumstance would be to request a return flight a.s.a.p. to home and seek 100% compensation.
However, such action is not always possible when you've booked holiday periods with work.
Will try to help when receive more info.
I originally booked at Superclub Breezes Puerta Plata, I was promised 4 star luxuary accomodation, with hot tubs, jacuzzis, water slides, skating rink, football pitch, tennis, games room, video room, satellite TV & Cd player (in room), cocktail party, beach party, beach activities etc etc non of this exisisted! I asked my rep to either send me home or move me to an alternative hotel. I got moved after almost a week to the Gran Ventana which was a 4 star hotel & was nice, however it had substandard amenities for my children. I highlighted all of this to FC but they dismissed my key points and felt it was acceptable to send me £150 holiday voucher even though they downgraded hotel without informing me.
The Package Travel, Package Holidays and Package Tours Regulations 1992
You should have been informed of the lack of facilities BEFORE you travelled wherein section 12 and 13 of the travel regs would have applied and you could have simply asked for your money back - in full. However, as the Tour Op. saw fit not to inform you before travel then section 14 applies. Your agreement must be sought as to a transfer with refund where appropriate for loss of amenities - OR you may simply request a return home with compensation as appropriate.
You requested the latter, they refused.
Looks like they are in clear breach of their obligations. Put this to them quoting section 12 thru 14. Also, make it clear what compensation you require - it must be reasonable. If they fail to comply put the matter in the hands of Ros Fernihough, a specialis lawyer - 01922 621114.
http://www.opsi.gov.uk/si/si1992/uksi_19923288_en_1.htm
Link above will take you to the 1992 Package regulations.
Good Luck
Mike
Crown Copyright is acknowledged on the following quote - taken from Significant proportion of services not provided
14.-(1) The terms set out in paragraphs (2) and (3) below are implied in every contract and apply where, after departure, a significant proportion of the services contracted for is not provided or the organiser becomes aware that he will be unable to procure a significant proportion of the services to be provided.
(2) The organiser will make suitable alternative arrangements, at no extra cost to the consumer, for the continuation of the package and will, where appropriate, compensate the consumer for the difference between the services to be supplied under the contract and those supplied.
(3) If it is impossible to make arrangements as described in paragraph (2), or these are not accepted by the consumer for good reasons, the organiser will, where appropriate, provide the consumer with equivalent transport back to the place of departure or to another place to which the consumer has agreed and will, where appropriate, compensate the consumer.
You should have been informed of the lack of facilities BEFORE you travelled wherein section 12 and 13 of the travel regs would have applied and you could have simply asked for your money back - in full. However, as the Tour Op. saw fit not to inform you before travel then section 14 applies. Your agreement must be sought as to a transfer with refund where appropriate for loss of amenities - OR you may simply request a return home with compensation as appropriate.
You requested the latter, they refused.
Looks like they are in clear breach of their obligations. Put this to them quoting section 12 thru 14. Also, make it clear what compensation you require - it must be reasonable. If they fail to comply put the matter in the hands of Ros Fernihough, a specialis lawyer - 01922 621114.
http://www.opsi.gov.uk/si/si1992/uksi_19923288_en_1.htm
Link above will take you to the 1992 Package regulations.
Good Luck
Mike
however on arrival to this hotel I new it was a nightmare, basically after a week we had to get moved to another hotel.
I note that you actually stayed in this hotel originally for a week and then found it wasn't suitable (our reviews for this hotel are also starting to show negative posts). If the facilities were available in the 2nd hotel then FC may try to compensate you for the first week only.
Never go by a Tour Operators star rating always look for the official rating or ask when booking. An official 2* accommodation could be given 4 (here T/O's will show it's their rating by calling it TTTT or AAAA or Suns etc)
Thanks for your replies I have taken them onboard. Unfortunately the 2nd hotel had even less amenities than the first hotel (although it was certainly cleaner)
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