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

44 replies

Thorinfling · 03/08/2023 12:41

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.

OP posts:
Fizbosshoes · 05/08/2023 17:44

I'd want a cash refund rather than a holiday for next year.

On a much more minor scale we stayed in a hotel years ago and there was no hot water and no heating in the whole hotel. It was winter and was a period building so pretty unenjoyable, but it was only for one night. i would have argued for a part refund at check out but they were dealing with a huge wedding party (who obviously had the same complaint)
I wrote to them to complain and got a voucher to stay there again....but we didn't want to stay there again!!

Frenchfancy · 05/08/2023 17:58

I don't think you would get a full refund as you have stayed therefore the service of "accommodation" has been provided. You booked a villa with a swimming platform, you got a villa. If you had refused to stay you would likely have been entitled to a full refund, but by staying you are agreeing to the change in contract.

I think 30% would be fair.

FoodieToo · 05/08/2023 18:20

I would say you have no chance of a full refund if you have continued to stay there . It's extremely annoying though.
I would imagine you MIGHT get a very small sum but nothing like the whole amount . And you'll find there are 'Terms and Conditions' somewhere that say ' Facilities Subject to Change' or whatever.
I wish you lots of luck , I would also be very annoyed .

cherryassam · 05/08/2023 18:25

Have you heard anything from the travel agency yet @Thorinfling?

TropicalTrama · 05/08/2023 18:28

It was completely missold so I’d want a full refund. Whether or not you stayed shouldn’t be relevant because it’s not like you had much of a choice since it’s abroad so you can’t just go home early without booking new flights or ferry at your own expense and the alternative they offered wasn’t actually an option since you say it was smaller so wouldn’t have slept everyone and it was only for a few days before you’d have to go back to the original airline place anyway.

londonmummy1966 · 05/08/2023 18:34

If the villa cost less than £30k and you paid for it with a mainstream credit card it might be worrth looking to see if you can claim a chargeback through the card provider for the full amount?

XelaM · 05/08/2023 18:37

Full refund

Thorinfling · 05/08/2023 19:03

Hi - we just flew back today so I'm composing the first email to the travel agency tomorrow with all the details and timeline, email evidence etc. I'll let you know what they come back with.

OP posts:
eurochick · 05/08/2023 22:13

As you had made clear in your correspondence that the swimming platform was a key factor in your booking in your shoes I would request a full refund. I would probably settle for around 30-50% of the price if pushed. Read the small print of the booking conditions to see if there is anything that helps or hinders you there.

TokyoSushi · 05/08/2023 22:17

Yes agree, start with a full retina but I'd want 'really quite a lot' back, sounds like a complete pain!

TokyoSushi · 05/08/2023 22:17

Refund!!

AndWordsWhen · 05/08/2023 22:26

If you still stayed there, I think you will struggle to get anywhere. We booked a villa with a lake view, got there to find a building site between us and the lake. So the only view we had was of builders on scaffolding. We left without checking in. The booking company would not help, the owner of the villa disappeared, but in the end our Visa card refunded the money. But if we'd stayed they would not have done that.

BarbaraV · 06/08/2023 13:25

I would ask for full refund but expect to get about half.

Thorinfling · 16/08/2023 11:50

Just to come back to the thread in case anyone was interested! I sent an email to the travel agent with all our details and a timeline of everything.

Also had a really nice call with the lady who owns the agency and we talked it all through.
Anyway, end result is they have refunded us 50% which is more than I had first thought we would request! So thank you for the help and advice everyone!

OP posts:
Ohmylovejune · 16/08/2023 11:54

Fabulous.

I think all things considered that's fair.

Disappointing it happened.

rookiemere · 16/08/2023 16:11

I'm glad you got a decent amount back OP.

Ozziedream · 16/08/2023 16:12

Good work and great news

HappiDaze · 16/08/2023 17:06

That's great especially as your needs were far more complicated than a normal average booking.

It seems like they're a company i would trust and use from what I've read so far.

It may not seem like it to you as you we highly stressed and they have no control of course when a Villa owner answers the phone at their end to help expedite the process.

They did good by you all things considered

cherryassam · 16/08/2023 17:49

That’s great, hopefully that helps things feel a little better

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