Hi everyone.
My mum and Dad flew out to Salou on Friday, flying into Barcelona. They booked a package with globespan to the Calypso Hotel in Salou. My mums just been diagnosed with breast cancer, so I persuaded them into going a wee holiday before her op next Tuesday.
Things went well until there arrival at Barcelona, apparently the handlers used by globespan had been sent home by mistake, so everyone had to wait a further 40 mins on the plane until other handlers removed the baggage. They had to wait a further hour to get their luggage as the new handlers only loaded half the luggage onto the belts. As a consequence of this my parents missed their transfer to Salou.
They tryed to find some sort of representative of globespan in the airport .....no joy. Feeling toatally abandoned by Globespan,they were advised by someone at an information to get a train to Salou. So there they were, 2 pensioners who have only ever traveled with package tours humphing 2 cases to a train station where my mums bag was "dipped" and her purse stolen, although there was only twenty pounds in it, she was deeply distressed by this.
I phoned Globespans customer services today as my parents are really worried that the coach wont be picking them up for their return journey to the airport on Friday. I know it's not the girl from customer services fault, but her attitude was quite "and your problem is?". She did say that the coach will be there to pick them up and as for the rest, well......I'v to put it in writing to head office. And of course its not their fault re the tranfers as they use a third party who will only wait 50 mins on their passangers.
Rant over, sorry for the long post but to think I talked them out of flying with Ryanair (who go to Reus) because of stunts like this.
Sorry to hear about your parents problems with Flyglobespan. I can't make on comments on what has happened as I myself have used them several times and never had any problems.
I would just like to add that my best wishes go to your mum and I hope that everything goes well for her. I too had breast cancer 13 years ago so know exactly how she is feeling coming up to her surgery. Tell her to stay strong and be positive and she will beat it.
Kindest regards
Jackie
I would just like to add that my best wishes go to your mum and I hope that everything goes well for her. I too had breast cancer 13 years ago so know exactly how she is feeling coming up to her surgery. Tell her to stay strong and be positive and she will beat it.
Kindest regards
Jackie
Sorry to hear about this too and hope all goes well with your mum,the prob concerns me slightly as we are flying out to Salou on Wed with our 10 month old son,hope we dont have the same problem as I dont fancy humphing ot to a train station.But several members of my family have used Globespan with no problems.
Bigstego's mum - everything will go fine next Tuesday. A positive attitude is (in my own experience with bowel cancer 11 years back) the winning ticket.
Bigstego -
It really IS the T.Op's fault. With a "Package" the tour operator is liable for the actions of their suppliers.
The Package Travel, Package Holidays and Package Tours Regulations 1992 states the following:
Crown Copyright is acknowledged.
First, Globespan shouldn't have sent the handlers home - they knew this flight was due and hence this is not an "unforeseeable incident".
Second, the local representative should not have permitted the transfer coach to depart with all passengers in the party having been accounted for. Globespan's failure to provide a rep. is no excuse. Their contracted agent (the transfer coach company) should not have departed without ensuring all pax. on board either.
Globespan should have had representatives to meet the passengers and their failure resulted in the general information desk advising train travel.
Thereafter your Mum suffered damages as a direct consequence - she had £20 stolen. Had she been on the transfer coach this loss would not have resulted (see point 4 above re. non personal injury damages.
Point 7 calls for prompt assistance to be rendered in cases of difficulty.
By contacting Globespan on their behalf you have complied with point 9.
In my opinion you have a right to reclaim your parent's expenses relating to their "own" transfer from the airport to their hotel. I presume they have kept receipts for this - if not, contacting the Spanish rail service should provide the ticket cost. Remember to add any taxi fares from station to hotel.
I presume their arrival at the hotel was not greatly delayed - when compared to the package transfer option - if so, a resonable sum for the proportion of the day "lost" should also be claimed. For example, if they arrived 6 hours later then expected then one quarter of one day's portion of the entire package cost should be reclaimed.
The loss of the £20 should be claimed providing you can substantiate this with, perhaps, a police report.
Finally, I would also claim £50 per person for general distress and inconvenience.
If Globespan fail to compensate as above, or to a level that you find unsatisfactory place the matter in a solicitor's hands. I'd suggest Ros Fernihough on 01922 621114.
When you next write to Globespan do quote sectiojn 15 of the 1992 Package rules as above and point out your intention to pursue by legal means your claim.
I'm horrified that any company can treat it's customers in this manner and particularly older customers who might require more care.
Good luck,
Mike
Bigstego -
And of course its not their fault re the tranfers as they use a third party who will only wait 50 mins on their passangers.
It really IS the T.Op's fault. With a "Package" the tour operator is liable for the actions of their suppliers.
The Package Travel, Package Holidays and Package Tours Regulations 1992 states the following:
Liability of other party to the contract for proper performance of obligations under contract
15.-(1) The other party to the contract is liable to the consumer for the proper performance of the obligations under the contract, irrespective of whether such obligations are to be performed by that other party or by other suppliers of services but this shall not affect any remedy or right of action which that other party may have against those other suppliers of services.
(2) The other party to the contract is liable to the consumer for any damage caused to him by the failure to perform the contract or the improper performance of the contract unless the failure or the improper performance is due neither to any fault of that other party nor to that of another supplier of services, because-
(a) the failures which occur in the performance of the contract are attributable to the consumer;
(b) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable; or
(c) such failures are due to-
(i) unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, the consequences of which could not have been avoided even if all due care had been exercised; or
(ii) an event which the other party to the contract or the supplier of services, even with all due care, could not foresee or forestall.
(3) In the case of damage arising from the non-performance or improper performance of the services involved in the package, the contract may provide for compensation to be limited in accordance with the international conventions which govern such services.
(4) In the case of damage other than personal injury resulting from the non-performance or improper performance of the services involved in the package, the contract may include a term limiting the amount of compensation which will be paid to the consumer, provided that the limitation is not unreasonable.
(5) Without prejudice to paragraph (3) and paragraph (4) above, liability under paragraphs (1) and (2) above cannot be excluded by any contractual term.
(6) The terms set out in paragraphs (7) and (8) below are implied in every contract.
(7) In the circumstances described in paragraph (2)(b) and (c) of this regulation, the other party to the contract will give prompt assistance to a consumer in difficulty.
(8) If the consumer complains about a defect in the performance of the contract, the other party to the contract, or his local representative, if there is one, will make prompt efforts to find appropriate solutions.
(9) The contract must clearly and explicitly oblige the consumer to communicate at the earliest opportunity, in writing or any other appropriate form, to the supplier of the services concerned and to the other party to the contract any failure which he perceives at the place where the services concerned are supplied.
Crown Copyright is acknowledged.
First, Globespan shouldn't have sent the handlers home - they knew this flight was due and hence this is not an "unforeseeable incident".
Second, the local representative should not have permitted the transfer coach to depart with all passengers in the party having been accounted for. Globespan's failure to provide a rep. is no excuse. Their contracted agent (the transfer coach company) should not have departed without ensuring all pax. on board either.
Globespan should have had representatives to meet the passengers and their failure resulted in the general information desk advising train travel.
Thereafter your Mum suffered damages as a direct consequence - she had £20 stolen. Had she been on the transfer coach this loss would not have resulted (see point 4 above re. non personal injury damages.
Point 7 calls for prompt assistance to be rendered in cases of difficulty.
By contacting Globespan on their behalf you have complied with point 9.
In my opinion you have a right to reclaim your parent's expenses relating to their "own" transfer from the airport to their hotel. I presume they have kept receipts for this - if not, contacting the Spanish rail service should provide the ticket cost. Remember to add any taxi fares from station to hotel.
I presume their arrival at the hotel was not greatly delayed - when compared to the package transfer option - if so, a resonable sum for the proportion of the day "lost" should also be claimed. For example, if they arrived 6 hours later then expected then one quarter of one day's portion of the entire package cost should be reclaimed.
The loss of the £20 should be claimed providing you can substantiate this with, perhaps, a police report.
Finally, I would also claim £50 per person for general distress and inconvenience.
If Globespan fail to compensate as above, or to a level that you find unsatisfactory place the matter in a solicitor's hands. I'd suggest Ros Fernihough on 01922 621114.
When you next write to Globespan do quote sectiojn 15 of the 1992 Package rules as above and point out your intention to pursue by legal means your claim.
I'm horrified that any company can treat it's customers in this manner and particularly older customers who might require more care.
Good luck,
Mike
Hi everyone, thanks for all the positive comments re my mums op tomorrow.
They arrived back from Salou on Friday, no problems with the transfers etc. I had phoned them thru' the week to confirm that everything would be ok for my mum and dad and they faxed the hotel a letter and confirmined everything for them, so this eased their minds a bit for the last two days of the holiday.
I'v just written a letter to them and will post this today. I'v cited all the points mentioned by you Mike and sent copies of all the recieps. Unfortunatly the didn't report the theft to the police as my mum was so upset and they were frightned that they would miss their train from Barcelona to Salou. Ofcourse I'll let you all know how this pans out as soon as I hear back from them.
Karenxxxx
P.S Mike, as this was booked as a package holiday, does this mean there is added protection with ABTA or ATOL?
Thanks again
They arrived back from Salou on Friday, no problems with the transfers etc. I had phoned them thru' the week to confirm that everything would be ok for my mum and dad and they faxed the hotel a letter and confirmined everything for them, so this eased their minds a bit for the last two days of the holiday.
I'v just written a letter to them and will post this today. I'v cited all the points mentioned by you Mike and sent copies of all the recieps. Unfortunatly the didn't report the theft to the police as my mum was so upset and they were frightned that they would miss their train from Barcelona to Salou. Ofcourse I'll let you all know how this pans out as soon as I hear back from them.
Karenxxxx
P.S Mike, as this was booked as a package holiday, does this mean there is added protection with ABTA or ATOL?
Thanks again
Karen,
I don't know if either ABTA or ATOL will provide you with any added protection. The fact that it is a package means the 1992 Travel regs apply. I'm sure someone on this site will be better able to answer your specific question.
Good luck to you mum (and dad - he'll need your support as well).
Mike
I don't know if either ABTA or ATOL will provide you with any added protection. The fact that it is a package means the 1992 Travel regs apply. I'm sure someone on this site will be better able to answer your specific question.
Good luck to you mum (and dad - he'll need your support as well).
Mike
First of all I'd like to wish your Mum well for tomorrow Bigstego. Many of us will be thinking of her and looking forward to hearing from you that she is on the mend.
I am so sorry your parents had such a bad start to their holiday and you really must pursue it on their behalf. The tour operators make such a big thing about how people who organise d.i.y. holidays lay themselves open to all sorts of problems and then leave two of their customers in this situation. Regarding not having a police report for the theft, it is still worth trying to make a claim, as it may reasonably be considered that at the time your parents had more pressing concerns than finding a police station. The fact that she says it was 'only £20' will indicate strongly to them that she has no wish to inflate her claim. It may, however, be thought that they should have made a report at some time during their holiday.
Good luck anyway and give your parents my good wishes.
I am so sorry your parents had such a bad start to their holiday and you really must pursue it on their behalf. The tour operators make such a big thing about how people who organise d.i.y. holidays lay themselves open to all sorts of problems and then leave two of their customers in this situation. Regarding not having a police report for the theft, it is still worth trying to make a claim, as it may reasonably be considered that at the time your parents had more pressing concerns than finding a police station. The fact that she says it was 'only £20' will indicate strongly to them that she has no wish to inflate her claim. It may, however, be thought that they should have made a report at some time during their holiday.
Good luck anyway and give your parents my good wishes.
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