Ruined Holiday, how to claim compenstation?

[Queenofheart]

We have just returned from a holiday where the hotel was in a horrendous state, absolute filth and nothing like what was advertised.

Whilst there I contacted the holiday company to tell them about the issues and that I would be writing to them on my return, I was just contacting them to log the complaint. I didn't want them to contact the hotel whilst there due to possible repercussions from the staff that were quite agressive when I asked to move rooms.

I have written a three page letter and sent nearly 40 images of the issues. I have been offered £171 and £100 off my next holiday with them which I have told them is unacceptable, due to the holiday being completely ruined and them being in breach of contract.

They have come back to me and said they are unable to consider my request for further reimbursement.

I want to take this further as we spent 10 days at a place that was not fit for purpose, a lot of the facilities advertised where not available, it was completely ruined.

I thought I could complain to ABTA but they can’t award compensation, or require their members to offer compensation in disputes.

Has anyone got any advise on how I take this further, am I looking at a small claim court?
thank you

Without a 3 page letter and 40 images please can you be clearer on what the issues actually were?

Well you stayed there so obviously you're not going to get a full refund. If it was that bad, you should have left.

Was there a rep you spoke to, which country was this awful hotel in

For any compensation to be due you have to offer the opportunity to put right the issues. You didn't do this.

If it was that bad why didn't you tell the company you couldn't stay and wanted them to arrange alternative accommodation or flights home.

What was the holiday cost to compare the refund to it?

I doubt you'd be able to claim much as you stayed. I do understand it's not easy nowadays to change if the staff push back as everything seems to be online and there aren't many people around with any power to actually action. All you want to do is have a holiday, not spend hours chasing issues up. I guess these companies know this and I suspect it will be a similar story now you are home.

In my experience I grab a bit of discount, report accurately on tripadvisor, and then move on. I wouldn't be wasting any more time on it once I'd said my piece and hopefully received a few bob to buy a drink with.

We complained to the holiday company, for three days and to the owner and then we had our room door kicked, screaming at us from outside the door by those that thought that sleeping all day and getting ratted at night was the way to go - these were adults in their late 40s, who objected to being told to keep the noise down! We had enough and are no shrinking violets, found a nearby hotel, they were brilliant, they booked us a cab, gave us black bags so we could pack our stuff in a hurry and we stayed there for the rest of the holiday. The issue was the rep (Britain's biggest holiday company) was conspicuous by their absence, did not come back to us for another two days, then would not cover the new hotel (even though they used it too) as they'd not arranged it. We tried to get the money back, but eventually gave up. Next time, should there be a next time and there has luckily only ever been this instance, from a hotel that supposedly had a 'friendly atmosphere', we will film the issues and go viral as it seems the customer really doesn't matter and customer service is cut to the bone, so you are lucky if you ever get the help you pay for, let alone they advertise. Sorry you had a poor holiday but not sure you'll get much joy, as we even submitted a letter to the rep, documenting the issues and still nothing!.

We got moved to another room, which was no better.
I spoke to our holiday company and they couldn't/wouldn't move us to another hotel.

I wasn't coming home from a holiday we'd waited all year for, so we just spent our time out of the hotel.

Really sorry to hear you went through this, it sounds horrendous. That's why we didn't move to another hotel, from the conversation to holiday company whilst out there we knew we wouldn't get reimbursed.

If it was that bad how would changing rooms help, the hotel would still be filthy with no facilities. In hindsight I would have spoken with the manager, the holiday company, left and either booked into another hotel or come home then claimed for the full amount, did your holiday insurance cover anything for this. What gave they based their compensation on, it sounds a random amount to offer. Did you eat at the hotel

The problem is you did choose to stay, so it really wasn’t that bad, and that weakens any argument you might have.

If it was truly as bad as you’re trying to say it was then you’d have left, if it was good enough to stay, which you did, you’re not going to get more than what you’ve been offered. Take that, review accurately online, and move on.

Holiday cost almost £2k and we've been offered £171 and £100 off next holiday which isn't worth having as I won't book with them again.

the floor was filthy
units broken
bathroom/toilet/sink disgustingly filthy
shower screen full of scum

mattress covered in stains
bed sheet did not fit the bed
crack in the bathroom floor tiles so the toilet sewerage was coming up through the cracks, so it stank
toilets around the pool were like nothing I have ever experienced, there was blood and poo on the walls and floors, the sinks/toilets were disgusting, the bins were overflowing
To list a few issues ...

2k for 10 days for how many rooms? I would've thought what you paid covered 10 days bed and breakfast and not a lot else. What facilities were promised and weren't provided? To be clear, I'm not saying the hotel wasn't crap and your holiday wasn't ruined, but you did stay there and 2k isn't a lot for that length of time unless you were in Blackpool or similar so a bigger refund may be unlikely.

We arrived late at night, disgusted but stayed in the room because the reception didn't have a manager, the morning after we spoke to the Rep who got us moved, the second room was as bad.
i haven't contacted my insurance company yet as I feel the compensation should come from the holiday company, i might be wrong?

It was after the school holidays and it was coming to the end of the season so the prices dropped drastically.

Facilities that were promised and not provided were entertainment, 4 bars in the hotel, only one was open and that was the pool bar, they only had wine beer and vodka, so no choices for drinks, as they were winding down to close for the season, which we weren't aware of either

Sounds bloody revolting, what country was this, I'd be sending a letter and photos to their tourist and health departments too, plus TripAdvisor or any other site they are on. I would call the insurance anyway, they may have some advice but I wouldn't gave stayed the 10 days.

That doesn't sound good but as other people have said by not giving the Holiday company the opportunity to rectify things in resort you may have difficulty claiming more. I can see why you didn't do that but it could well give the company an out.
Not a lawyer but I am not sure how far small claims will get you - do you want a refund of the whole amount?

I think if the OP asked to be moved to a different hotel and the holiday company refused then she did offer them the opportunity to rectify things?

yes!
and they are in breach of contract due to facilities stated on their website not being available.

I did give the holiday company an opportunity to rectify things by asking to move and they said they were unable to do that.
I am not expecting a refund of the whole amount, no, but more than £171.

I'd write to the journalist who runs the travel "agony aunt" section of one of the weekend papers - most have a section. Send them your letter and images and the response from the travel company. Most are usually pretty quick to cough up properly once the journos are on the case.

oh that's great advice, thank you

We’re in a similar position in looking to raise a small claim as the holiday was not as advertised and it was no where as near as bad as yours. We were offered about 5% cash refund or a 10% equivalent off another holiday with them and we would not be allowed to leave poor reviews. We’re going to issue a claim in the small claims court, could go either way but it’s worth a shot and the company should not misrepresent its holidays.

Create a timeline with any supporting evidence.
Collect screenshots from the website about how the hotel is described e.g. friendly, facilities and how they inspect and approve their hotels.
I would focus on the health and safety aspects, sewage coming up into the room is a health hazard as is faeces and blood in communal areas. It must breach health and safety provisions.
You have a duty to mitigate your losses whilst on holiday e.g. moving if possible but so does the holiday company - did they do anything to resolve the issues?

Some of the holiday companies sign up to a travel arbitration scheme. Once you have exhausted the company's complaints process you can ask for an independent arbitrator to consider it. You will need to show that the company breached its obligations to you in some way.

If the arbitration scheme is available it should be mentioned in the terms and conditions of the holiday (the small print).

All things listed by OP are sub standard and I can understand the complaint.... but please read the small print in regards to entertainment/ facilities. Often there is a clause about reduced availability in off peak season or at very beginning/ end of the season. (In that respect, you get what you pay for...)