Holiday Misselling Claims | The Consumer Detriment 20
Since 2005, HolidayTravelWatch has provided comment on the ever increasing threat to The Package Travel Regulations. This situation has developed partly through the changing style of purchasing holidays, but principally from the Court of Appeal decision as to what they considered constituted a ‘package’.
After considerable debate, the Department for Business Enterprise and Regulatory Reform (DBERR) has produced a Guidance note, in an attempt to assist with the definition as to what constitutes a ‘package’. Why is this definition important? Simply, if an agent or operator can show that they are simply selling components, then they will escape the regulatory requirements of the Air Tour Operator licence (ATOL) scheme and, the provisions of The Package Travel Regulations. If that is the case, then the hard fought rights to protect the consumer will be lost. The consumer will be unprotected.
We have contributed to the continued debate, submitting our report examining consumer detriment, to the EU Commission and DBERR in October 2007. In that report we highlighted th very real risk that is now faced by the British Travel Consumer, through 160 case studies. We have also provided what we consider to be the solution to the diminution of Travel Consumer rights.
The EU Commission are currently reviewing the Package Travel Directive, but the result of their enquiries, along with their recommendations, is not expected for some time. The reaction to the recent Guidance produced by DBERR, produced a cautious welcome from the Travel Industry, but it does not deal with their principle concern, that being the market operations of the airline industry. They argue, if they are subject to a regulatory regime, then so should the airline industry when they sell holidays on their websites. We have argued that any regulatory regime should apply across the board, not just to one segment of the Travel Industry.
We have predicted, a notion rejected by DBERR, that their Guidance note and the Court of Appeal decision gives a green light to those who want to ‘deregulate’ the package holiday. HolidayTravelWatch continues to hear from Travel Consumers suffering detriment in their holiday contracts. A recent call for help came from a Ms S, she stated:
“I booked a 7 night package holiday on internet with [ONLINE TRAVEL PROVIDER] on 1.6.08 to Kalkan, Turkey - [NAME] Hotel travelling on 7.6.08 with [MAJOR TOUR OPERATOR]. They confirmed the booking by phone on 2.6.08 and I paid by Visa Debit Card. They confirmed the booking by e-mail and post with tickets to be collected from the airport. On Thursday, 5.6.08 I received a phone call at work from [ONLINE TRAVEL PROVIDER] saying there was a problem with the hotel in that they had failed to confirm the booking and therefore they were changing the hotel.
They wanted to change us to the [NAME] Hotel which is about two miles outside Kalkan. I refused this change and requested a full refund. This was refused. They then agreed to look for alternative accomodation and would ring me the following morning (Friday, 6.6.08) I checked the internet on Thursday evening and the [HOTEL NAME] was still showing as available. Early Friday I rang [MAJOR TOUR OPERATOR] direct and made a general enquiry about this hotel. I was told the same holiday I had booked was still available. [ONLINE TRAVEL PROVIDER] AKA [MAJOR TRAVEL AGENT] did ring back and I told them of my findings.
They were unhappy that I had done this and said [MAJOR TOUR OPERATOR] should not have spoken to me. As I pointed out I just made a general enquiry without names. I asked why I was being told the hotel was not available when clearly it was. They said they would speak to [MAJOR TOUR OPERATOR] and ring me back. This they did and said yes indeed the [HOTEL NAME] was still available and we were reinstated back as oringinally booked. I asked [ONLINE TRAVEL PROVIDER] to consider some form of compensation for the stress this had all caused.
They said they would consider this and it was agreed that I would ring them back at lunchtime. When I did this they said there as another problem and the hotel was again unavailable. They still refused to give me a refund. They asked me if there was a hotel that we would consider. I told them we would consider the [NAME] Hotel and they did successfully book us into this hotel. They did refund me £80 compensation for the stress caused but refused to refund the difference in price The [HOTEL NAME] was much cheaper at £468 - I had paid £768). Whilst in Kalkan we visited the [HOTEL NAME] and we were told that they no longer have any dealings with [MAJOR TOUR OPERATOR] since last year. We were also told we were the second people to visit the hotel with the same story and these people had indeed gone to the Xanthus and were paying a fortune in taxis.
I have today spoken to Consumer Direct who are passing the detail onto Trading Standards and they also suggested I contact yourselves. I want a refund of the difference in the cost of the two hotels and more importantly I want [MAJOR TOUR OPERATOR] prosecuted! They are defrauding customers by advertising holidays they cannot provide and then obtaining money by deception. The whole thing is a scam! Are you able to help please? I would be grateful for any help you are able to give. Consumer Direct have suggested I write to [ONLINE TRAVEL PROVIDER] and copy in [MAJOR TOUR OPERATOR] giving them 21 days to respond to my complaint…….I would be quite willing to give a statement and assist in any prosecution. Many thanks..” (E.17.06)
Ms S is now receiving advice and assistance from the team at HolidayTravelWatch.
Frank Brehany, the MD of HolidayTravelWatch states;
“Unfortunately this is a regular occurrence; holidaymakers are shunted around with little or no regard for the provisions contained within The Package Travel Regulations. What is of growing concern is the rise of complaints where holidays are being advertised, but in fact do not exist! The time has come for Government and the EU Commission to recognise that Consumers are suffering detriment now; this is not just a debate about financial protection, it is principally about importing a much wider protection for the Consumer in Holiday Contracts!”
All Holidaymakers affected by any of these issues should contact HolidayTravelWatch for further assistance.
Tags: holiday claims, holiday complaints, Holiday Misselling Claims
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HTW has for many years received reports from concerned holiday makers or independent travellers as to the safety of their aircraft, ship or boat, train or road transport.
