Holiday Complaints

Do you have a holiday complaint? For help and advice post in here.
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Sorry to hear of your bad experience. Might sound like a daft question considering the lengths you went to to gather evidence of the noise levels, but did you fill in a complaints form with the rep at the time?

I'm no expert but as you carried on with the holiday and didn't find it bad enough to look around for other accomodation or decide to return home, I doubt whether you'll get a full refund. I'm not saying that that's fair because in your situation I'd probably have braved it out like yourselves. I would have been too afraid to book and pay for alternative accomodation in case my fight for a refund was rejected which would leave me very much out of pocket.

As the TO has acknowledged the unacceptable level of noise, I would imagine you are entitled to some percentage of your cost but as usual you'll have a fight on your hands.

Sorry, I have no experience of taking a TO to a small claims court so I can't advise whether they are calling your bluff or not. Hopefully another poster with more knowledge of this aspect will be able to advise you.

All the best with this.
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Hi Shirley,

Thanks for your reply - no we didn't file a complaint form, but we did log the complaint verbally with Reception on two occasions - we didn't realise the significance of this step unfortunately, is this likely to be a major problem???.

There was absolutely no way we could afford to book in somewhere else - this holiday was AI and we had only brought a few hundred pounds in spending money for souvenirs - having been to the HV the year before, we felt confident that this was all we needed.

Thanks again,

S4R4H :D
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Hi again sarah,

I'm afraid your failiure to log the complaint in writing with your rep could very well be a huge stumbling block for you. It's a wonder it wasn't the first thing the TO asked you in their firt letter to you. Logging a signed complaint with the rep is the first step to take when you are disatisfied to the extent you were with any aspect of your holiday, as not doing this is normally the first thing the TO throws back in your face when chasing up a monetary payment. A verbal complaint is not enough as that can be denied by the party concerned (be it the rep or receptionist).

Maybe your photos and sound recordings will be enough but please bear in mind for the future, the importance of a proper written complaint in the resort.

Onca again I wish you well. please keep us updated as to how you get on.
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Hi Sarah
sorry to hear that your holiday was spoiled.

Something that sounds strange to me:
Said that it was hotel responsibility and that it was nothing to do with them, basically.

How can they say it was nothing to do with them?
Surely your contract was with the company you booked the holiday with.....First Choice.
I'm assuming it was a package you booked.

One thing to consider:
you did have the flights and the food & drink and some of the activities for 14 days whilst you were there so I doubt you'd get the full cost refunded.
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How can they say it was nothing to do with them?
Surely your contract was with the company you booked the holiday with.....First Choice.
I'm assuming it was a package you booked.


I think that they are saying that it has nothing to do with them because they were not made aware of the complaint at the time and given the opportunity to sort this out while the OP was in resort. I also suspect that this why they are intending to defend the case at the small claims court. They seem to have decided that they have a good case that will be cheaper for them to defend than to settle - otherwise they would have settled. Whether they would have been able to negotiate a room change for the OP or not is neither here nor there now - their argument is almost certainly going to be that if their rep or customer services in the UK had been made aware of the situation at the time, that they would have been able to do something if they'd been given the chance. Most TOs have something in their T&Cs to the effect that if you have any complaints, these must in the first instance be raised with the rep or the UK office whilst in resort.

For what it's worth now, Sarah, I think that the fact that you don't have anything in writing from the hotel to prove that you requested a room change that was refused and didn't contact the Rep or FC immediately you realised how unsuitable the room was will be a major problem. In these instances, by all means give the hotel a chance to solve the problem first but if that doesn't work you really do need to then contact the TO rep as soon as possible. And if that doesn't work then make a formal complaint in writing to the TO (via the complaint form that the rep is required to give you) or with the local office in resort. You do then have a paper trail in place that evidences the fact that you gave them the opporunity to deal with your complaint at an early stage and that their inability to deal with it at the time is the focus for following up the complaint once you get home.

This would certainly be my holiday from hell too and I would have been just as unhappy as you but unfortunately, the absence of that paper trail means that FC might well now try and portray you to the court as a chancer who wasn't serious about the complaint at the time and, having ate and drank your way through a fortnight's AI, is now trying to get a full refund for a holiday that obviously couldn't have been that bad or you'd have been on the phone to them from the start trying to get things sorted. Please be assured that I'm not saying that I think that this is the case - just warning you that there is a good chance that that is going to be FC's line of attack when the case comes to court.

I'm not familiar with the whole 'holiday village' thing - it's not my sort of holiday - but is the resort you stayed in actually owned and run by FC? If it is, as opposed to somewhere they block book for packages, then you could possibly argue that you did inform them and give them a chance to solve the problem when you contacted Reception but the absence of written proof of your complaint at the time will still be a stumbling block.

SM
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Hi All,

Thanks for all the input - I do feel a bit of an idiot by trying to sort things out with the hotel as opposed to the Rep now.

Their letter in it's entirety is below:-

Dear

Thank you for your letter regarding your holiday to Costa Del Sol.

I'm sorry you were dissapointed with your room, I appreciate you must be very frustrated.

From your contact with us, I can see you were allocated a room above the entertainment venue. This room was very noisy and caused a great deal of disturbance to you and your party.

I am sincerely sorry about this and have taken the time to look into the case. I can see from your booking that you haven't paid any additional room supplements.

Room allocation is under the discretion of the hotel. We do recommend issues such as yours are reported when overseas to one of our Holiday Advisors or to our 24/7 Holiday Line.

Please rest assured that I have passed on your feedback to our Resort Management Team so we can improve our Customer Service.

Finally I would like to thank you for taking the time to write to us and to reassure you that we will be acting on the points which you have raised. I do hope that despite your experience on this occasion, you will not be deterred from considering Thomson when making future travel plans.

Totally understand how our complaint could be mistrued into thinking we had a fantastic holiday and just trying to get a refund, but we did travel to the same place last year with no problems whatsoever - this is the first time we have ever made a complaint about a travel operator and suppose we have been quite naive about their rules and methods.

Have already paid £100 to MCOL and don't want to pay out any more if the case will just be thrown out - suppose we will have to see if there is any legislation re. noise which could help us.

Thanks again,

S4R4H
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Ooh, forgot to mention, the Holiday Villages are exclusive to First Choice in the UK. They are marketed towards families with children and this is the reason I am so annoyed by the noise levels. Not sure if I can post them on here, but will try to upload a video of the noise coming from the entertainment area and the view from our windows, which was advertised as being a mountain view, but was actually eclipsed by the huge show dome.

I'm not entirely sure what a Rep could have done for us in any case, if we had reported it to them?? - as far as we were informed, the hotel was fully booked (it was at the start of the school hols) and there was no room on the floor we needed.

S4R4H
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It is usual to get the Rep to document your complaint.
They keep a copy and give you the carbon copy.
I went to Portugal a few years ago and didnt have a rep or take any photos but I contacted Ros Fernihough who was a travel solicitor that was helpful to HT members.
She managed to get our hotel costs back as we had already had the flight and transfers these couldnt be refunded.
This was for building work taking place in the hotel while we were there.
Unfortunately she has now retired but another company Simpson Miller may be worth contacting.
I find its like :banghead: when trying to resolve any complaints with a tour operator.
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FC don't own or run the holiday villages, they are just exclusive to them.

Sounds like you had a hard time, but I doubt very much you have any chance of getting a full refund. You had the flight, the transfers, the food, the beverages, the entertainment etc etc. You cannot claim for anything that was ok. Had the rep been aware she may have been able to do something, or even offer you a hotel move if there was nothing else available where you were staying.
Re legislation, don't forget the Spanish aren't quite as hot on rules and regs as the UK.
To warrant a full refund the noise would have had to have been horrendous and midnight is late but not that late on holiday, even for lot's of children (not that my son was up at that time, but you do see a lot on holiday that are). As for the revellers hanging around afterwards, did you contact reception and ask them to get security to move them? If no one was complaining they would leave them.
All just my opinion, and no offense meant.

I wish you luck, but as with all tour ops, you will need it.
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Thanks all - will let you know how we get on - I'm not expecting a full refund, but I do feel that we didn't get the comfort that we paid for and should receive some sort of compensation for it.

Midnight would have been fine - if only!!! Many nights it was 3am before the hardened drinkers were moving away from under the window :(
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Sarah
re this:

Have already paid £100 to MCOL and don't want to pay out any more if the case will just be thrown out - suppose we will have to see if there is any legislation re. noise which could help us.

I'd give serious thought to whether you are going to proceed with this action - unless you have found some relevant legislation.

First Choice have alread given (imho) a good pointer to what they are going to defend on:
We do recommend issues such as yours are reported when overseas to one of our Holiday Advisors or to our 24/7 Holiday Line.

Plus the fact that you did have flights and meals and drinks and use of amenities out of the total cost of your holiday.
I've read posts by some people who say that they apportion a certain percentage cost to flights, accommodation etc, I've not sure if this is correct and if it is, how it works for AI.

It may be worth speaking to the solicitors already mentioned (Simpson Millar) to see if you have any sort of case worth persuing.
There are 2 threads on this forum, just above your post about this company and what they do.

I think you were proably hasty in giving them only 15 days to respond before starting your claim, but hey! hindsight is great.:smile:

Please do let us know how you get on.
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FC'll be well aware that you must report any complaints to either the rep or themselves in order to allow them to put things right in resort.
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