Holiday Complaints

Do you have a holiday complaint? For help and advice post in here.
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Hmm, well at this moment in time (according to the information you have), the only real legal issue is that the Kids Club Zone and Kids Soft Playroom are not available yet they were allegedly meant to be included in the holiday. Depending on the state of the place due to the renovations, your brother might have a reasonable claim there if he wasn't aware of the renovations prior to booking and if the renovations taking place are to the extent that they negatively affect his holiday (e.g. loud banging, facilities not being available, unreasonable amount of dust, and so on).

All the other issues are unfortunate but your brother would have no legal recourse because they just boil down to their being a lack of other guests. Obviously, when booking a holiday, there are no guarantees about the number of other holidaymakers who will in the facility at the same time as you.

I don't really have any advice... best to see what rep says. Your brother should maybe insist on being transferred to another hotel because not all the promised facilities are available. Whether they will transfer him to another hotel (especially for free) is another matter, but by making the request he will make it easier to claim compensation later on.

I don't usually respond on this forum and I am no expert in these matters so perhaps somebody else will have better information than me.
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hi thanks for your reply - I understand your points and had explained them to my bro last night, although I think it's very poor of Thomsons as if he wanted that sort of holiday he could have hired a great villa for half the price - they wanted to join in the activites, kids thought they would be busy in the clubs, met people etc like most people on their hols! Need more info about other probs, he was ranting and running out of battery!

Like i said it's worst still that I can book today for friday thinking all the advertised facilies and entertainment are available when they are definetly not !! I have no legal knowledge but surely this is not right!

caroline
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Caroline . i would hate to to make any comment on the legal position here but I sure as hell would not be happy :(

sounds like the thomson rep knew your brother wouldnt be happy and was gutless in leaving him and his family with it. i think he should definately DEMAND to be transferred else where. There has to be somewhere better where he can be put as its only beginning june so not exactly high season and plenty of availabilty around .

lyn
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I tend to agree with greyejectbutton - from the sound of it the only cause for complaint is with regard to the kids' club facilities unless there is building work still going on that disrupts their holiday. Even if there are only a few people there, the rest of the facilities still seem to be in place - even the evening entertainment programme still seems to be running and your brother hasn't complained about the dining provision so presumably the catering services are up and running too. From the sound of it everything bar the kids club is in place and the rest of his complaints seem to boil down the fact that they have the place to themselves.

I accept that if you like staying on a busy packed complex with lots of other guests around it must be disappointing to discover that it is very quiet due to underbooking but in the end I think that his only redress is with regard to the kids' club stuff - providing other kids for them to play with and other guests to make the evening entertainment more enjoyable is unlikely to be accepted as part of the contract.

Also, they've been there for less than 24 hours - in the first instance they need to contact the Rep and give them the opportunity to put things right. Who knows, now that first kids have arrived and it is clear they are looking for activities then it might be up and running today given that this will be the first full day in resort for passengers who arrived on Tuesday. And who knows what Friday may bring as this has always been the main day for British TO charter flights into Tenerife.

SM
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hi SM
thanks for your comments I know exactly what you're saying is correct ( with what info I have so far) I just think the lack of some important facilities is not good enough, even though legally Thomson may be fulfilling their side of the deal. You pick an accomodation because it suits your party requirements based on what should be accurate description therefore I think lack of any child clubs or entertainment etc is poor.

My main concern as I said is to warn others who may be going or looking to book as I could today thinking all was great and normal here. Thanks for the friday arrivals thing maybe that will add to the numbers ( slightly - only 23 rooms left to fill! )

Please don't think I am intend to make this just a legal discussion - I would hate someone else to be in his position.
best wishes , caroline
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I hope he can get some redress from this as it sounds like pure greed to me that this place is opening up a small proportion of rooms when ethically they should have shut the whole place and opened it all up when the complex was completely finished. It sucks.
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Well if i was informed before booking that i was to be the only party in a hotel then i would have crossed that hotel off my list. Great holiday only hubby to talk to (only joking) but this situation is not fair on this party. :cry:
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I just had a thought. Regarding the actual things that could be lodged as a complaint such as the non existence of the kids club, the actual hotel/apartments were not as described in the brochure. The brochure described them as 220 apartments. When they got there it turns out that there are only 26 apartments. They didn't book a complex of 26 apartments, they booked one with 220 apartments. By virtue of nearly 200 of the rooms in the complex being 'closed' then the holiday is not as described in the brochure and they weren't informed otherwise before travelling.

That's something they could add on to their complaint.
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It's a withdrawal of a facility as advertised in the brochure and therefore, if not notified in advance forms a breach of contract.

Whether the hotel or the tour operator is to blame - may possibly be another story.

In my past life in UK - it was my job to actively pursue suppliers (hotels, airlines etc) for recovery of monies we paid to our guests as compensation for breach of contract on their behalf. You can imagine I was not the most popular person when I went on holiday :)

The guests should either be moved to an alternative unit or receive on the spot compensation for the lack of facilities as brochured. All should be completed in writing and if redress is not forthcoming in resort then write to local Trading Standards office on return to UK.

Regards
Cyprus100
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They didn't book a complex of 26 apartments, they booked one with 220 apartments.


But if the complaint is about the lack of other guests the size of the complex is irrelevant and are people really saying that TOs should be obliged to tell you how many other guests are booked in? Who would ever be the first to book if they were told that so far no one else had booked? Not those who want to be sure of being in a busy complex and not those like me who be very happy to find we had the place to ourselves but wouldn't want to take the chance on finding that by the time we arrived it had become fully booked and we had to share the pool with loads of kids?

Let's remember that this thread was started on the basis of a phonecall from Caroline123's brother on the day they arrived in the hotel and before he had even spoken to the resort rep and given them the opportunity to put things right. We've had no more information since then so have no idea what the current situation is. For all we know the kids clubs started up as planned on their first full day in the hotel or they're now happily sat around the pool of another chocca hotel or have been re-assured by the information that a plane load of other families will be arriving on Friday. I really think that we should give this a rest until we do know what has happened since.

SM
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Great minds must think alike - The same thought was in my mind.

I know that this person is staying at Atlantida Apartments - Where are they?

A quick Google shows places of this name in both Teneriffe and Maderia

The simple answer to the problem at this stage is to contact the rep and discuss with them. They could if not satisfied then email Thomson customer service in the UK.

If they are unable to resolve the problem then photos and names and addresses of other people should be gathered.

Very few places I have stayed at have been full. Some depending on time of year have been as low as around 70/80 guests in a 300plus room hotel and have filled up slowly whilst we have been there.

Renovations do take place and sometimes even the TO is not fully aware until very late that problems have arisen. In some cases even if they are complete then lack of bookings at a particular time can give the impression that you have it all to yourself.

Best leave things lone until they have an answer from Thomson

fwh
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I was just thinking along the lines that the brochure specifies the complex has 220 rooms. Because all those rooms are closed and not being booked out the complex actually is only one of 26 rooms at this moment in time. Of course, there is the very strong chance that it could be very quiet at any given time, but I would say it is reasonable to expect something entirely different between a hotel with only 26 rooms and one with 220. I'm saying that as it is this complex is not a complex of 220 rooms. Or it might as well not be if it's closed down.
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Cyrus100 said - The guests should either be moved to an alternative unit or receive on the spot compensation for the lack of facilities as brochured. All should be completed in writing and if redress is not forthcoming in resort then write to local Trading Standards office on return to UK.

Spot on, to which I would add the advice to consult with Ros Fernihough.

The complainants should make a list of what facilities were advertised in the brochure by comparison with what are actually there. There's also the matter of not being informed that the apartments were undergoing renovation and mainly closed down, which clearly affects the viability of some activities.

Many brochures do have caveats regarding lack of facilities at certain times of year, or being subject to numbers of guests, but this situation is different because it a deliberate run down of the apartments and not due to the natural causes of seasonal reduced demand.

Peter
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hi I 'm back !

No - brother is not sat in a cushsy hotel but still stranded at the Atlantida apts! ( tenerife - see first line of post ) Rep promised to see him yesterday and didn't, he rang again his morning to demand a meeting, was able to lodge a complaint over the phone, was told someone would ring him back and has not heard from them since... although over the phone suggested they could try to find them somewhere if availability ... at brother's expense!!!! ie he would have to pay the difference - are they mad??

One other family have arrived who are also gutted that their hols is a very expensive joke - obviously we understand there's no guarantee of number's of other guests but this is ridiculous when you've booked :

"a large family complex with two outdoor pools and a whole host of facilities" "entertainment: Organised daytime and evening activities including games, quizzes and talent shows "

Quoted from brouchure and website !! And I know I'm repeating myself but I can't get over the fact they are still happy to take my money to go here this week !! Surely this is false advertising if nothing else.

The same singer was back last night, - must have been paid then :lol: , the three families were offered a quiz, there is no kids disco on ( normally is apparently) and apart from that they just left music piping in the entertainment room ! There is nothing happening during the day.

The only "bonus" is although it's effectively shut for refurb it's not a builders yard - more like room improvements and painting etc.

thanks for all the replies and food for thought I really appreciate it, and whatever the personal preferences and not guarantee of other guests etc I still think Thomson are at fault here and the whole thing stinks!!

You save all year for your hols ( or longer ) and get this - it's just not fair!
yes life isn't fair etc etc but feel really sorry for them. He's not holiday savvy like us lot and wish I was there to fight his corner ( used to be a T&G rep, can you tell? :D :D )

More info when available

best wishes, caroline
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although over the phone suggested they could try to find them somewhere if availability ... at brother's expense!!!!

No way, the Package Holiday REGULATIONS are quite clear -

The Package Travel, Package Holidays and Package Tours Regulations 1992

© Crown Copyright 1992

Significant proportion of services not provided
14.-(1) The terms set out in paragraphs (2) and (3) below are implied in every contract and apply where, after departure, a significant proportion of the services contracted for is not provided or the organiser becomes aware that he will be unable to procure a significant proportion of the services to be provided.

(2) The organiser will make suitable alternative arrangements, at no extra cost to the consumer, for the continuation of the package and will, where appropriate, compensate the consumer for the difference between the services to be supplied under the contract and those supplied.

(3) If it is impossible to make arrangements as described in paragraph (2), or these are not accepted by the consumer for good reasons, the organiser will, where appropriate, provide the consumer with equivalent transport back to the place of departure or to another place to which the consumer has agreed and will, where appropriate, compensate the consumer.


See Reg 14 (2).

Peter
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You should be phoning Ros asap she's the one who can assist your brother urgently. 01922 621114
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Because there are only 3 families there and 26 rooms available this leads me to believe that other tour operators are not selling rooms - or they are alerting potential customers to the fact that they only have this small availability because of the work.
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Tell your brother to take lots of photographs - remember "pictures paint a thousand words"

Canny tour operators though, may ask to see all of your holiday snaps - including those of you out enjoying your holidays with your family :wink:

Thank god for digital cameras!

All holiday complaints should be made on the spot and in writing. Don't let them tell you otherwise.

A verbal complaint is not worth anything without a written report and a written report that doesn't get followed up with an action plan by your resort rep - speaks volumes!

Regards
Cyprus100
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Thanks for keeping us posted Caroline. I agree your brother should take lots of photos showing how deserted the place is.

In a complex of 220 apartments (which presumable all sleep 4 people)there is a reasonable expectation on the part of someone booking a holiday that not only will they will be staying in a large family complex, but there will actually be other families staying there as well.

It sounds like other TO's have done the ethical thing & are not using this complex due to the renovations and the huge number of apartments that are shut up, so why is Thomson using it?

Does the rep have an office? I know it shouldn't be your brothers job to go seek him or her out, but he needs to complete one of the official complaint forms and see if he can get moved at Thomsons expense to a complex that is up and running properly or his holiday will be over.

Doe
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