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

I looked for that small print before putting it in my letter and it isn't there

The lack of facilities at the end of the season I suspect is hidden in the small print, tour operators have clauses stating this as they cannot guarantee what a hotel has precisely. But, and a big but it should be clean and there should be a full bar, an entertainment choice etc available even if there isn't more than one.

Which operator? If TUI it depends partly if they own the hotel in which case they should know the offer, otherwise if they don't or it's jet 2, easyJet or similar then there is an ombudsman to arbitrate. If internet only type good luck, on the beach is particularly bad at this sort of thing

A full and frank - but not rude! - report on Google, as well as Trip Advisor and all the other travel sites you can find them on, will give you a sense of satisfaction and annoy them. Reputational damage matters quite a lot to most organisations.

You need to be careful in your claims. You say the place was not fit for purpose yet you stayed there for your whole holiday out of choice. It does rather sound like you are wanting a free holiday. That's not my opinion, btw, just how it comes across the way you've worded it.

In your position I would write to the CEO (if you google their details will be online) with:

• a copy of your original letter
• a copy of all of the photos
• a copy of the email where they offer you compensation
• exactly what compensation you are hoping to receive
• say in your letter that if you are still unhappy that you will be considering next steps, but that you wanted to give them the opportunity to rectify things before doing anything which might potentially cause reputation damage

Good luck!

OP confirmed in the original post that she raised the issues while she was there.

There's an arbitration scheme which most companies are signed up to. Ask for details and go through it.

I think op only asked to change rooms in the same hotel

OP you're ignoring what people are saying. You are not entitled to a refund because you stayed there.

Would you go to a restaurant, complain your meal was crap but then eat the whole thing and still want your money back?

Did they say why they couldn't move you, I thought you didn't move because you were scared of any repercussions.,

About 20 years ago, I went on holiday and didn’t get the accommodation we had ordered. I spent a whole day sorting this out with the rep and hotel. I wrote a a long letter when I got home and put in a claim for one seventh of our holiday costs. The holiday company only gave me a small amount compensation. I refused this and went to the small claims court. In the next few days I had a cheque for the full amount I claimed.

I’m going to guess this is Jet2 Holidays?

That is wrong, there is a contract with the holiday company contracting to provide a holiday of a certain standard that is safe and hygienic. The OP is entitled to that, she tried to mitigate her loss (in the substandard and unsafe accommodation) by asking to move hotels and the holiday company refused to move her. Her options to move may be limited, there may not be other hotels near by or she may not have transport to get there. That she didn’t move doesn’t mean she then accepts the substandard holiday but it may mean that she did get some benefit so that any damages / refund is reduced. If she had left the hotel it does not mean that she would get a refund, the holiday company could argue that she just didn’t like that hotel and then she would have paid the original holiday plus any additional costs because she moved.

Those saying OP is not entitled to a refund are wrong. She may well be.

The first question is who is liable - the holiday company or the hotel. If the holiday company were acting as agents for the hotel, any claim would be against the hotel. If they were not acting as agents, the claim would be against the holiday company.

If the claim would be against the hotel, OP's failure to complain to them at the time may reduce the value of her claim. However, since she did complain to the holiday company that isn't an issue if they are liable.

If she needs to go down the legal route, this would be a small claim.

Yes it was one of those!

I asked the holiday company to move us and was told that was not an option, so there was no way I was going to pay to move somewhere else knowing they didn’t support that , because I knew I wouldn’t get my money back

That’s good to know thank you

I’m not saying I’m entitled to a refund. I’m saying I’m going to try and get some kind of refund.

I wouldn’t go to a restaurant and complain about the meal and eat it no but this is a completely different scenario

We stayed at the hotel But spent as much time as possible out of it

This is really good advice, I’ll do that, thank you

Send a letter before action giving them 14 days, once the time expires issue on money claim online. I would try to recover £1500 or the full cost.

Sounds like it was the accommodation that's was an issue. This is usually a very small part of the cost. I used to work for a tour operator in the complains dept. Let's imagine this was Turkey, Dalaman for example. Flights average $300pp and these were provided. Transfers to say Marmaris $25pp AI say $30 pppn how much does that leave from the holiday cost? That's the accommodation element, and is what would be offered in compensation.

I would also query formally with the corporate headquarters why they couldn't move you - after school holidays there must have been loads of free beds.

That is worth following up as it's the heart of your issue - you asked to move, they didn't move you, you couldn't afford alternative accommodation so you were effectively screwed over by the holiday company.

Someone asked for pictures, here’s a few, i can only upload 5, I have nearly 50, that’s how bad it was

This 100% the person answering your complaint will be looking at a screen with a breakdown of each element and will compensate depending on the element and then within that what wasn’t provided. They then claim that back from the provider (in your case the hotel) and can only do so for valid reasons. There’s 0 chance of a full refund, £170 will be a percentage of the hotel cost as a component of the holiday (as previous poster said this is usually the cheapest part of a package) and the £100 voucher is goodwill from jet2
if you’re unhappy with the resolution provided you can go to ABTA but they will look at it in the same way, for example you can’t get compensated for being upset or not liking the food as all those things are subjective. You only get compensated for things not as advertised or not provided properly