Holiday Complaints

Do you have a holiday complaint? For help and advice post in here.
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The brochure doesn't state anything about tennis courts. That'll be their defence.

The travelagent states they do. You probably need to address the problem with the travel agent.

Just my opinion.

Mark :)
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Thanks Mark. I guess my letter may not have been clear enough. The brochure which was current at the time stated at there were 2 tennis courts. I am told that this was removed in a later edition but we were not aware of this change.
Brent
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Without the benefit of seeing the brochure I will have to take your word it advertised tennis courts as a facility.

If they were advertised, they are in breach of the Trades Description Act, and depending on the enthusiasm of your local Trading Standards Office, Thomson could be facing a tricky trip to the Magistrates Court.

I would recommend you do the following:

1) Check with your travel agent that there was not Errata at the time of booking advising the tennis court was not available
2) Check with your travel agent that no letter was received by them from the point you booked till your departure advising the tennis court had been withdrawn.

If they have not received either notification, you are entitled to compensation.

Firstly, send a recorded delivery letter to Thomson advising you are still waiting for a response to your initial letter, and advise that they are in breach of ABTA's Code of Conduct.

Secondly, in the letter state the exact amount of compensation you are seeking.

Thirdly, give them 14 days to reply with an offer or advise you will issue County Court proceedings.

If they do not reply within 14 days, issue the County Court proceedings, sit back and wait for the settlement cheque to come.

CSM :D
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Thank you CSM. Can anyone suggest what compensation I should push for? Some friends have suggested we ask for a full refund and I'm not sure if this is reasonable or not. Thanks you. Brent :think
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How much was the total of your holiday?

Full refunds are very rare as you probably received significant value from the holiday regardless if the tennis courts was a major part of your holiday.

Having said that, a full refund demand is probably a strategically good place to start with your demands but be prepared to negotiate.

CSM :D
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You really need to be very realisitic when it comes for what compensation you want. A full refund demand will not help. I am not sure how you stand as you don't seem to have anything down in writing re courts?? Is that the case? A move to the other hotel is also unrealistic as it appears to be considerably more expensive than the one you picked.
Its a difficult one as if the brochure did say tennis courts, and there were never any ones there then it is misrepresentation.
Perhaps compensation for the travel time might be the best way?
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Hi,
If I was looking to book a holiday that had to have tennis courts I would have did a bit of homework and not just booked any hotel out of the brochure.I would have made sure there were reviews that stated how good the tennis facilities were.Also asking for a full refund?.Are you having a laugh.I went on holiday to Ibiza ,All Inclusive, this year and the brochure stated that they had a beach bar which we enjoyed visiting.When we went there this year we found that they had sold it and we would have to pay for any drinks if we went there.It was very disappointing but I did not look for any compensation.I am sorry but in my opinion you really are taking the biscuit looking for compensation.
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If I was looking to book a holiday that had to have tennis courts I would have did a bit of homework and not just booked any hotel out of the brochure


I think the original poster did, she checked the brochure

When we went there this year we found that they had sold it and we would have to pay for any drinks if we went there


Did the brochure state this??
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Your argument is flawed as if something was so important I would have booked a hotel that was well known for its tennis facililities.Also as I said in my last post the brochure stated that the hotel I was at had a beach bar which was untrue.I did not seek compensation.For gods sake what is this world coming to when instead of enjoying your holiday you are looking for any reason to claim compensation.
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I really don't think we could have done anymore. We have been on Mark Warner holidays with fabulous tennis facilities but in the last couple of years we've been do the Dom Reb and Bulgaria - both resorts offered tennis courts which is really all we need. My son just needs and wants to practice every day. So, when booking any holiday having a couple of courts is a pre-requisite. If it doesn't - we move on to the next one. The brochure we used to book the hotel stated that there were 2 courts and in the description it goes on to say "and if terra firma is more your style there are 2 tennis courts and a gym". I also checked the hotel web site - it states "two tennis courts and a paddle tennis court and a gym and spa". I also asked Thomsons to double check and sent the hotel several emails (3 in English and one in Spanish) - the hotel never responded. Like most people I think I'm entitled to what I believe I have paid for.
Anyway, I will follow CSM's advice and let you know how I get on.
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think very carefully how much compensation you think it merits. Full refund is not reasonable and to be honest, I don't think that would help your case at all. A reasonable letter and request has a better chance of success.
Was there evidence that the hotel had had tennis courts at some time?
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to hillbankdee do you really need to be so rude..please have some respect for posters on here.
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I don`t think I was rude to anyone.The point I am trying to make is that this compensation culture is spiralling out of control.
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If you had a bad meal in a restaurant, would you pay the bill? Would you complain?

With a holiday you pay a lot of money upfront without really knowing whether what you paid for is going to materialise. So if something is wrong, you expect it to be dealt with.

If it isn't, court here we go. Simple as.

Mark :)
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As mentioned, a full refund is not realistic as value has been received fom the holiday. It does appear every reasonable step was taken to ensure tennis facilities were there. So simply as a strategic start, claim for a full refund, and you are likely to end up with a better settlement.

CSM :D
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A full refund for the loss of a tennis court? IMHO asking for a full refund for the loss of one facility (all be it an important one) is neither realistic nor reasonable. If it were me I would decide how much time I would have spent at the tennis courts (perhaps 2 hours a day) and what that time that is as as a percentage of my overall holiday. Add a bit for loss of enjoyment and whack in a reasonable claim. The one and only time I had to claim compensation from a TO involved transferring to another hotel after one night. My claim was for one night's loss of enjoyment (total cost of holiday divided by 14) plus the cost of the taxi. The TO in question paid up within 28 days. I felt my claim was fair and reasonable and was happy with the outcome.
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One assumes you still have the copy of the brochure you booked from?

If so, you should look at the Validity Date of the brochure and ensure it was applicable at the time you made your holiday booking with the travel agent.

Some agents do not update their shelves with the latest edition brochures.....

If a later edition brochure was in effect and the tennis courts had been removed from being listed as available, at the time you made your booking - the tour operator have done nothing wrong.

Did your agent check the tennis courts availability with the tour operator directly or by looking in the brochure?

If however, a later brochure was issued (after you made your holiday booking, which showed tennis court being a facility of the hotel) and the courts were no longer part of the hotel - you should have been informed by an errata message from your tour operator via your travel agent.

If the courts were shown in an earlier brochure (prior to making a reservation) and had been removed during the current issue brochure - an errata would have been entered into the reservation history of the booking and should have been read to you and confirmed by the travel agent who made the booking.

So, first stop should be for you to check if the brochure you booked from was valid for the date you made your holiday reservation.

As for compensation, remember that around 60% of the cost of a package holiday is generally the flight & transfer part of getting you to your destination. The remaining 40% will be the cost of putting a roof over the heads of all your party members and any board basis included.

A refund for a loss of a facility such as a tennis court is likely to be very small... It would be looked at as a small portion of the overall holiday package. After all, I understand this was a family holiday and not a tennis holiday?

If you reckon your son may have played for a couple of hours during each 24hrs of your time on holiday, it may give you some indication of how much of a proportion you might want to initiate a claim for.

I used to work for a major UK tour operator and deducted monies paid in compensation to our guests from the hotel, if the hotel had breached the contract between them and us as the tour operator.

Apportioning blame and costs was a huge part of my job and a position which I truly enjoyed.
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As for compensation, remember that around 60% of the cost of a package holiday is generally the flight & transfer part of getting you to your destination. The remaining 40% will be the cost of putting a roof over the heads of all your party members and any board basis included.


That is a flawed argument and one that the tour operators make you believe being the case.

As I have peviously stated, I can go to Barbados for £800 per person staying at a cheap hotel or £5000 per person staying at the Sandy Lane. So how can £480 go on flights for the former and £3000 for the latter for the same flight?

The extra night price (often quoted in brochures when wanting to extend a holiday) is a better guidance for the true cost of the hotel portion of a holiday.

Mark :)
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