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Title: Holiday complaint Post by: basset44 on July 19, 2010, 18:09:00 Hi All,
Used the rail to go on Holiday so in some respect related no problems with rail journey. Anycase when we arrived found out we had been moved to a different location about 5Km away. Wrote a letter of complaint and have recieved back a standard letter saying sorry etc but what interest me and I value your views is this "We do regret that you appear not to have recieved the notification regarding the change to the holiday; however, this is deemed to have been provided once it has been posted by us" We did not recieve this otherwise we would have cancelled, what to you think of this? Basset Title: Re: Holiday complaint Post by: Brucey on July 19, 2010, 18:22:16 What type of accommodation was booked? Caravan, hotels, guest house, etc.
Did you book it directly or through a travel agent/website? Title: Re: Holiday complaint Post by: basset44 on July 19, 2010, 18:45:28 Hi,
Self catering at a resort of Scala on the island of Kefalonia, booked through a holiday company last March for travel in June. Wanted to stay in the resort of Scala, not outside thats why we booked early, did not find out we been moved till we arrived at Kefalonia Airport, have been many times to Scala on did not fancy the alternative hotel. It is a 5 Euro taxi ride each way. We stayed the one night and found alternative accomadation wrote to company and had standard apolgy except for the quoted paragraph which I find difficult to understand just because they said they posted it thats okay Basset Title: Re: Holiday complaint Post by: inspector_blakey on July 19, 2010, 19:35:43 Check the tour operator's terms and conditions. It may be that they were within their rights to do what they did, although I don't see how you could be deemed to have accepted the terms of a new contract based on a letter that was mailed out and never arrived. I would think that at the very least you would have to acknowledge receipt of that letter.
If the tour operator is a member of ABTA and you are unable to resolve the complaint with them directly then you can make an appeal complaint to ABTA, details here: http://www.abta.com/consumer-services/travel_problems (http://www.abta.com/consumer-services/travel_problems). That walks you through the dispute procedure step-by-step. Check if your tour operator is an ABTA member here (http://www.abta.com/find-a-holiday/member-search). So if the ABTA procedure is applicable, what you need to do now is write to them again explaining why you are still not satisfied, and pointing out that your next step will be an appeal complaint to ABTA. As always, keep copies of all correspondence you receive and send for possible future reference. If they are not members of ABTA, then you are advised to contact http://www.consumerdirect.gov.uk (http://www.consumerdirect.gov.uk). Title: Re: Holiday complaint Post by: basset44 on July 19, 2010, 19:46:06 Thanks Inspector_Blakey
Will write again saying I was not happy following guidelines of ABTA, what amazed me was the following "We do regret that you appear not to have recieved the notification regarding the change to the holiday; however, this is deemed to have been provided once it has been posted by us" This concerns me, they had my phone number and email address I would have thought they would have some system of checking in place, even by sending it recorded like I have sent my letter of complaint. To me it seems so unreasonable or do we have to check everything out these days! Basset Title: Re: Holiday complaint Post by: Mookiemoo on July 19, 2010, 22:04:16 Legally, any letter is deemed to have been received the minute it was posted.
You can get a parking ticket, appeal it (and remember if you win an appeal they rarely tell you they win you just never hear anything else) hear nothing, and the next thing you know its passed to a debt collection agency and its four times the price and there is nothing you can do Title: Re: Holiday complaint Post by: thetrout on July 19, 2010, 22:23:45 Legally, any letter is deemed to have been received the minute it was posted. You can get a parking ticket, appeal it (and remember if you win an appeal they rarely tell you they win you just never hear anything else) hear nothing, and the next thing you know its passed to a debt collection agency and its four times the price and there is nothing you can do I fell foul of that one with my previous webhosting company... I always believed they were collecting the monthly payments on a direct debit as stated on my contract. Turns out they weren't - they just had my card details saved on their payment gateway and were billing the card every month. Anyway my card expired and a new one was sent to me, but still thinking that I was on DD like the contract said and the same as all my other bills I thought nothing of it... Until I received a rather rude letter telling me payment was overdue and I had been referred to a debt collecting agency... Queue instant panic attack and angry phone call... Needless to say I paid the bill, but refused to pay the penalty they imposed siting they breached their contract by not billing me correctly... They eventually accepted liability and accepted my payment in full and gave me 20% off the bill as a good will gesture... But as a result of the stress they put me through, they no longer have my business ;D Title: Re: Holiday complaint Post by: Steve Bray on July 19, 2010, 23:01:02 There a few things to also consider:
- Setting aside the change of location, was the accommodation of a similar standard to that which you had booked? (e.g same facilities) - With your final documentation, did you receive any vouchers etc, which had the accommodation named on it? - Were any other guests staying there similarly moved? - Are you able to compare brochure prices of the accommodation you originally booked, and the accommodation that you arrived at? Has the operator explained why it was necessary to change the accommodation and if so, I would have thought that rather than just tell you about the new accommodation, they should have asked for your acceptance of this change, and when they did not hear from you, they should have sent a chaser. Sometimes, if it is a material change, then you should have the right to cancel free of charge. Title: Re: Holiday complaint Post by: Mookiemoo on July 19, 2010, 23:09:59 Well in my case, because it was a fine etc, and they CLAIMED they send out notification if your appeal has won (no they don't) I could not take my business away
Apart from the fact I don't live in ludlow so won't be parking in Tesco there anymore Title: Re: Holiday complaint Post by: welshman on July 19, 2010, 23:36:42 Quote from: FallenAngel Legally, any letter is deemed to have been received the minute it was posted. Er..not quite. The court rules are these:- Quote 1. First class post (or other service which provides for delivery on the next business day) The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day. 2. Document exchange The second day after it was left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day. 3. Delivering the document to or leaving it at a permitted address If it is delivered to or left at the permitted address on a business day before 4.30p.m., on that day; or in any other case, on the next business day after that day. 4. Fax If the transmission of the fax is completed on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was transmitted. 5. Other electronic method If the e-mail or other electronic transmission is sent on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was sent. 6. Personal service If the document is served personally before 4.30p.m. on a business day, on that day; or in any other case, on the next business day after that day. Title: Re: Holiday complaint Post by: Mookiemoo on July 19, 2010, 23:38:59 Quote from: FallenAngel Legally, any letter is deemed to have been received the minute it was posted. Er..not quite. The court rules are these:- Quote 1. First class post (or other service which provides for delivery on the next business day) The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day. 2. Document exchange The second day after it was left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day. 3. Delivering the document to or leaving it at a permitted address If it is delivered to or left at the permitted address on a business day before 4.30p.m., on that day; or in any other case, on the next business day after that day. 4. Fax If the transmission of the fax is completed on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was transmitted. 5. Other electronic method If the e-mail or other electronic transmission is sent on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was sent. 6. Personal service If the document is served personally before 4.30p.m. on a business day, on that day; or in any other case, on the next business day after that day. Pedantic If the sender sends the letter in any form it is deemed to be received at some point - not necessarily the minute as I said. I know the minutia as my uni minor was business law. The point is, the recipient is deemed to have received it at some point after it is sent - the time of receipt if important being dependent on the method of sending In my case I did not receive it and had no idea! Title: Re: Holiday complaint Post by: inspector_blakey on July 20, 2010, 01:44:30 Hmm. Not like you to be pedantic, welshman, is it?! ;)
I seem to remember this post directed at me from a little while back: You've failed, you are overly pedantic. ::) Touch^...? ;D Title: Re: Holiday complaint Post by: Brucey on July 20, 2010, 07:44:17 Well in my case, because it was a fine etc, and they CLAIMED they send out notification if your appeal has won (no they don't) I could not take my business away I think you've hit the nail on the head in your post ... you received it in Tesco, so presumably it was from some Private Parking Company (PPC) or Tesco themselves. These are not fines, in fact it would be illegal for them to call them fines. They aren't criminal, but a civil contract matter. These companies are a law unto themselves because they know their invoices aren't enforceable. The typical routine is: a few letters from the PPC, a few letters from a "debt collector" (who usually happens to have the same address as the PPC) and then a few letters from a solicitor. Then they stop, providing you ignore them. In the very rare case they take you to court (it would only be a county court), there are many arguments you can use. See http://forums.pepipoo.com/ if you get another one.Apart from the fact I don't live in ludlow so won't be parking in Tesco there anymore This page is printed from the "Coffee Shop" forum at http://gwr.passenger.chat which is provided by a customer of Great Western Railway. Views expressed are those of the individual posters concerned. Visit www.gwr.com for the official Great Western Railway website. Please contact the administrators of this site if you feel that content provided contravenes our posting rules ( see http://railcustomer.info/1761 ). The forum is hosted by Well House Consultants - http://www.wellho.net |