ATOL protected holiday - curtailment claim

[TriangleBingoBongo]

I just wondered if anyone has any experience.

We booked through on the beach for a ten day AI holiday. Long story short it was horrendous, cockroaches in the restaurant, no allergen labels on food (I have an intolerance so this made eating difficult), the pool water wasn’t treated, the place was filthy - I mean thick black mould on water slides, food debris left for days, served raw meat.

That was the worst but also the experience was just awful- supposed to be 5* and the service was terrible, cheap gin the only alcohol, ice cream only served for a few hours.

My two children both got full 24 hours of D&V. I decided to fly home early. I chose not to raise it with the hotel - although did advise my children were both very ill, but they say this wasn’t “formal”

I estimate the cost of the lost hotel stay plus the extra flights were £1600, not accounting for the day we spent inside with D&V.

I’ve complained to on the beach and they have said they’ve taken my feedback on board and offered me a £200 voucher, I don’t want a voucher I won’t book through them again.

My question is can I take it any further? I’m disgusted as feel I’ve been totally missold the holiday - I’ve been to two other 5*’s in Turkey and they were amazing. I’m disappointed it’s advertised on a platform when there’s huge issues and there’s other Brits with the same complaints as me. Also other people who said they were ill.

I have looked into claiming on my travel insurance, but am loathed to do so as it will no doubt cost me in inflated premiums going forwards.

From what I’ve read, the ATOL protection doesn’t help me in these circumstances but wondered if anyone else had been through a similar experience and been successful? Happy to pursue a small claim - but can’t quite establish on what basis.

Honestly don’t think a full refund would be unreasonable because it was an awful, awful experience: the hotel was just grim.

Who are you hoping to have a small claim against? Pretty sure that would be completely unenforceable against a hotel in Turkey even if the court somehow decided they fell under English law.
Just claim on your travel insurance, surely the increased premiums would take decades to add up to the same amount as you could recoup?!

A claim against on the beach - my booking was through them.

ATOL won't help you in this situation. They are there to help if the supplier goes bust.

If you only booked the hotel through On the Beach, your claim is against the hotel. On the Beach were acting as agents, so are not liable. However, if you booked the hotel and flights, this is a package and is covered by the Package Travel and Linked Travel Arrangements Regulations. This means that On the Beach are liable for any shortcomings and cannot hide behind the hotel. This sounds like a straightforward claim. The hotel was not of the standard described, so you are claiming for loss of enjoyment plus any costs you incurred in returning home early. Given your description, I would be tempted to claim the full cost of the holiday under the loss of enjoyment heading, so the total amount you are claiming would be more than you paid.

@prh47bridge thanks so much. We booked hotel, flights and transfers so the full package through on the beach. Would you recommend just quoting that to on the beach and escalating if necessary - do you know the process to follow?

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As a PP said ATOL isn't relevant in this case. Did you take photos and document everything that wasn't as advertised?
The main thing that will help your case is if you can document that you sought medical assistant for the D&V and that it was confirmed as food poisoning, and that you raised issues while still in resort and they remained unsolved.
Unfortunately my choosing not to raise issues with the hotel at the time you haven't helped yourself for any claim as you didn't give the hotel the opportunity to resolve any issues. I appreciate it may have been so awful you just wanted to leave, but without any record if complaint made and attempts at a resolution I doubt you'll get much further.
I'd push back and try to get a cash offer rather than a voucher, but the chances of a full refund are pretty slim.

They do have an arbitration service that they use I believe should your complaint not be resolved after escalating, but I think it's payable.

I did raise it - the hotel just disputed that my reporting our illness to staff as informal. Which is entirely how they have decided to perceive it rather than my error in reporting it. IMO. I don’t feel it was my responsibility to ensure my report of illness satisfied the hotels criteria of formally raising it. Surely how their staff record and escalate such complaints internally is a matter for their management - not me.

we have about 60 photos - the hotel haven’t disputed any of our claims, just said they will train staff etc etc.

First of all, what evidence did you collect? Photos, details of complaints made to the hotel whilst staying there, doctors report.

Was the holiday ABTA protected? If so there is an arbitration service you can use once you have exhausted the company’s complaints service.

Ah I read it as though you mentioned the illness as you left rather than having raised the range of issues while you were there. When you complained to On the Beach did you give details of when and who you spoke to? They are frankly rubbish and will push back, so the more you can evidence what was said, when and the outcome the more chance you have if reaching a solution.
Did you contact On the Beach while you were away to ask them to resolve?
Did you see a doctor and confirm the D&V was food poisoning?
I'm honestly not trying to be argumentative OP, just setting out what they will almost certainly have in their complaints procedure to try to tell you you've done it wrong, so you need to be prepared with all of your evidence.
I work for a tour operator (a good one!) and know what processes they will follow to try to get you to go away, so the more ammunition you have to say you tried to resolve the better.

@eurochickthey left ABTA some years ago, so the arbitration is down to the one they recommend. I think it's the one ABTA use themselves, the main difference is they no longer have to abide by ABTAs code of conduct.

@EnglishGirlApproximately I presume they left ABTA because of these sorts of claims.

Also sorry if I sounded curt in my response - just trying to reiterate that the hotel disputes HOW I raised concerns.

I did contact OTB - took 3 hours and they really had no resolution. Tbh I felt vulnerable with two ill children in a foreign country and wanted to leave. My husband fell short shortly after our return home.

Illness aside. The hotel was totally misrepresented and I have extension photos of how disgusting it was! It was totally unacceptable. Interestingly the hotel haven’t disputed the validity of my claims - it’s my view they’ve acknowledged them in their response - which goes point by point saying they’ll clean the hotel and train staff. The point to me, is that it was no singular issue - there is no way the hotel would have been able to resolve my concerns during my stay - there was just too many short fallings. Ultimately they didn’t deliver what I booked and I’ve not only documented that the hotel have accepted fault.

So as you complained to the hotel and on the beach at the time you have largely followed what they set out in their complaints procedure, which puts you in a good position escalate.
I'd say you are unhappy with the response and that your concerns haven't been addressed and you would like to escalate it further. They will then have another 28 days to respond - assuming they follow industry standard guidelines (check their Ts&Cs they should have this published)
If at that stage you still aren't satisfied with the response your last remaining option is to ask for arbitration.
I think you're probably right about why they left ABTA. At the time it was post COVID and around refund guidelines iirc, but they have long had a poor reputation for service.
I don't by any means think that ABTA is essential as there are plenty of quality travel agent and tour operators who aren't members, but it does at least give a code if conduct for these things.

Thank you. I definitely think I have grounds for a refund under Package Travel and Linked Travel Arrangements Regulations. Tbh I wish I’d asked to a full refund but I was trying to be reasonable.

Just out of curiosity, this isn't the Royal Atlantis Icon by any chance?

You should start by following their complaints process. If that doesn't produce a satisfactory result, your next step is to write a letter before action. This sets out how much you want from them, how you've calculated the figure, gives them a reasonable deadline to respond (28 days is normal) and states that you anticipate taking legal action without further notice if they fail to give you a satisfactory response. Once the deadline has expired, you can then start the small claims process by going to MCOL - Money Claim Online - Welcome

@prh47bridge thanks so much.

They must feel I’ve exhausted the complaints procedure as their last email suggested I get independent advice. Honestly appalled they can take £4K off you and deliver nothing near to what they promised and just wash their hands!