Holiday Villa - how much would you ask for in compensation?

[Thorinfling]

Just throwing this out there to get some thoughts.

We booked a VERY expensive holiday villa through a travel agent. It was a huge treat, kids finished exams and family coming from overseas to have a big blow out holiday together, our treat.

We looked at hundreds of villas but didn't want to be stuck up on a cliff with no access to the sea. Eventually we found one that was elevated but that had 200 steps to a swimming platform that we could use to swim and sunbathe/watch the sunsets etc. Perfect - steps not a problem. The description featured the swimming platform heavily, talking about relaxing on the sun beds there with a cocktail and watching sunsets etc.

We have paddle boards that we were bringing and were really excited about the trip.

I asked several specific questions about the swimming platform in the run up to our stay and was sent photos of the one for next door's villa as an example as our villa's platform apparently wasn't currently in place. Apparently owners take them down for the winter and put them back up for the summer months. I asked if it was for our exclusive use and was assured it was. All good.

When we arrived we were told there is no platform. There are steps (260 of them down to the sea) but the platform was never built because the planning permission came too late. At no point was there ever going to be a swimming platform for our trip.

We went down the steps and tried to see if we could access the sea anyway but it was too dangerous. Sharp rocks, loose moving algae covered rocks and choppy waves made it just too treacherous.

I was gutted and rang our travel agent. They were also horrified and reiterated that this was NOT what was advertised or sold. The company running the villas just didn't actually bother to check if there was a swim platform or not. The owner of the managing company here has apologised and confirmed they are at fault. They did offer to move us but it was to a smaller villa (ie. less bedrooms) with unsuitable sleeping arrangements and was only for 5 days before we would have to pack up again and move back to the first villa. We refused as we didn't want to lose days of our trip packing and unpacking just to move to a smaller property for a few days.

I have all the emails and conversations showing that they are clearly in breach of contract.

In the interim, a person working for the owner of the villa (not the managing company) felt so sorry for us that she spoke to next door's owner and he agreed we could use their platform BUT only with prior permission each day, ideally not using the sundeck (only the metal steps built into the rocks) and never after 5pm. On our first visit the other family there made it very clear they were not particularly happy with the arrangement (why would they be) so our kids have been very uncomfortable about going back. We have to check nobody is there before they go down.

We have made the best of it but it is clearly NOT the holiday we envisaged or paid for. So I'm wondering what is the compensation we ask for?

This trip cost us a huge amount but we would NEVER have booked this place if we had known there was no swimming platform or indeed any safe access to the sea. It was right at the top end of our budget so we could have got any number of very similar places for a lot less. But other than bitter disappointment and pain in the arse trips back and forth in the car to get the kids & family to beaches to access the sea we don't have specific "expenses" to claim back?

We've got photos and video footage of everything and everyone has agreed that the description was totally inaccurate and "a conversation about compensation needs to be had" but I'm slightly rudderless about the amount. DH thinks at least 20-30% of the cost of the villa as a starting point.

Appreciate it's a 1st world problem etc. and we are grateful to have been away but would be grateful for any thoughts.

That does all sound very stressful and disappointing.

What has your travel agent said? I would be expecting them to do most of the work tbh - that’s one of the things travel agents are supposed to help with in my book (this comes from someone who works in a very similar role and has been in the travel industry for years)

In your situation, I would initially ask for a complete refund for the accommodation and see what they say.

It’s one of those you don’t ask you don’t get situations.

They’ve missold you on the accomodation and you’ve not had the holiday they sold you.

I agree. Start with requesting a full refund and go from there.

Or a free booking for next year if they don't want to do a cash refund.

Wow, that's more than I was expecting people to say but you are right in that it was completely mis-sold.

It was such a stressful time in the lead up to the holiday that this was gutting to have to deal with.

Thanks so much for the thoughts, I'll go back to the travel agency and go from there.

They were very angry as obviously all the answers to the questions that they sent me were based on responses from the managing company who were either just lying or hadn't bothered to do any inspections. Presumably they have also had to reach out to any people who have booked it after us to explain.

Managing company have now taken all reference to the swim platform off the listing.

Yes, I'd start with full refund

How much difference in cost would there of been if no swim platform? That should be minimum as I'm assuming they charged a higher price than a villa with no platform.

Except not, because OP wouldn't have booked the villa at all if there hadn't been a swim platform

I also think it would have been different if they’d told you beforehand that there was going to be no platform and gave you the choice to try and sort something else out.

But they didn’t and therefore you were stuck with accomodation that didn’t meet your (reasonable) criteria for the holiday.

@sotired2 thats irrelevant, they wouldn’t have wanted it at all without the platform. I’d be expecting a full refund. I wonder if other people who have booked the villa over the summer have been made aware.

Was it a big travel agents by any chance?

I really would expect them to be handling this better, I understand they’ve been lied to by the management company but with the level of villa it sounds like they’re dealing with, these sorts of things should not be happening.

they might not have wanted it or booked it but owners who have advertised it as having a facility it hasn't got have benefited from an increased in what they can charge as they priced it to include the platform so the very minimum OP should get is this difference.

How dissappointing. Especially after you wnet to such lengths to double-check everything.

It's not a directly comprable situation but we went to a house in France a couple of years ago - one of the main attractions of which was the private pool and gardens. The pool had wooden decking around it and at the deep end of the pool this had been damanged by the previous visitors. We could still swim but the kids couldn't jump in at the deep end and it took the shine off things a bit as we had to watch them (one of them in particular!) like hawks and there were several splinter incidents. Before we even got home the owner had refunded 15% of the villa cost as compensation.

In your shoes I don't think you're unreasonable in asking for a full refund (and negociating from there).

I'd want a full refund!

Not as advertised. They admitted as much!

Alternatively- if you'd prefer- a holiday to the same value for next year.

I would demand a full refund as this would have spoilt my holiday and in my opinion you've been completely mis-sold.

Absolutely go for a full refund and keep badgering. They won't take you seriously at first and you must persist.

I had an issue last year with a villa and got a full refund. It meant I could go away again a few months later 😆.

Maybe cc the ceo of the travel company into your email. This has worked before when I have had an issue that's dragged on. You said the travel company are also horrified but have they done anything to help you rather than join you in your horror?

Hi OP, yes to your initial request being for a full refund.

If they push back then you can 'reluctantly accept' a holiday of the same value next summer instead.

Best of luck!

I accept a 50% refund.

I'd ask for a full refund and accept 50%.

Ok, this is really helpful, thank you very much all.

In answer to the question, I have no idea what the reduction would be for the villa if sold with no sea access.

The price range on the website hasn't changed, they have just removed the long paragraph about "jumping into sparkling waters from the swimming platform and sipping cocktails" etc. But we absolutely would NOT have booked it if we had known.

There were tons of villas we looked at that were beautiful but we rejected them because we didn't want to be stuck on the side of a cliff with no direct sea access. But that's exactly what we got in the end.

Will update how I get along in case anyone would be interested to find out. Thank you again

If the agent does not get a full refund for you, complain to ABTA.

I was mis-sold a holiday a while ago (not as bad as yours). It was not the agent's fault, but they tried to fob me off with a small refund. Just threatening to complain to ABTA made them work a bit harder to get a suitable refund.

I suspect a full refund won't be upheld because you stayed and didn't move.

We had an issue with air b and b where there was such limited cookware we simply couldn't self cater plus one bedroom had no blinds or curtains and the study to allow me to work whilst there (as advertised) had no electric.

I requested 30 percent refund. They refused but air b and b upheld and gave me 15% back largely because they accepted our complaints and evidence but we didn't move or request a move (we didn't want to as my elderly dad was with us so we ate out more and my son just got poor sleep).

I know you wouldn't have booked if it hadn't had a platform but what is that property worth without one. You did get a holiday just a disturbed one because it was misrepresented.

Realistically a full refund is vastly pushing it as there are many other aspects that you are still enjoying. Although I accept that you would not have booked this specific property without the platform into the sea.

But as you say how much percentage do you expect \want as compensation.

It vastly depends on who you booked it with in my opinion and what you paid. There are villa companies and then there are other villa companies. Some are good, some mediocre and some fabulous.

But you say you’ve booked through a travel agent and not a specific villa company so there could be recourse of some sort. But again are we talking Kuoni or Olympic Holidays if you see what I mean.

I'd start with a request for a full refund, escalate it to 'sad faces' & tagging on twitter, & expect to come out with 50% refund.

I live in a country which relies on tourism but doesn't necessarily manage it well, so I've inadvertently booked some fairly grotty getaways.

50% & everyone drops the rope is the usual outcome.

They lied and you have written proof

You can ask for a full refund and take them to the small claims court

A full refund is not pushing it at all

They sold you a big fat lie which is illegal

Obviously this is on the Owner and the property's managing agents - they are both culpable