Holiday Nightmare legal advice needed
Holiday Nightmare legal advice needed
Hello,
I booked an holiday to Kenya in December with African Safari Club. I clearly stated when booking that the room needed to have AC because of a medical conditon. The AC was confirmed both by the travel agent verbally and was re-confirmed on the confirmation Invoice issued by the tour operator.
I have just come back from the holiday and it has been an absolute nightmare. No AC, no fire extenguisher, fire alarms or running water in the room and major building works going onetc.
The tour operator now denies stating that the rooms have AC, and that the mention of AC on the confirmation invoice is an administrative error. They also deny that there are no fire extenguisher despite us having plenty of photographs.
We have been offered compensation of £80 per person for all the trouble we have been through
My question is: is the confirmation invoice a legally binding contract? I have written to both ABTA and trading standards but have had no reply as yet.
Thank you for any help.
Answers:
Kitten - suggest you put this into legal, you would get more replies.
Would depend on what actually constituted your contract - i.e. what did you sign up to. I would say that if it is stated on the invoice they will have a hard time proving that is not what was agreed but there may be standard terms and conditions to which you signed and which counteract this.
Answers:
Re: Holiday Nightmare legal advice needed
The tour operator now denies stating that the rooms have AC, and that the mention of AC on the confirmation invoice is an administrative error.
It's their error and their problem. They should have "provided the holiday as booked" you need to write in the strongest terms to the Travel Agent and tell them to take it up with the holiday company for compensation.
Provide them with a copy of the Confirmation and put in writting the extreme distress caused by them not providing the holiday as booked.
Do you have the brochure you booked from? or can you get hold of one. They have to issue an errata if anything changes in that edition of the brochure you are booking from and this would be printed on your confirmation.
Also copy ABTa in.
I'm hoping that you also made your disappointment known to the rep and also got a Reps Report.
Did the rep know about the problem and did they do anything to offer you accommodation of the standard with the facilities you had booked?
Answers:
The confirmation invoice itself isn't a contract, but there's absolutely no doubt that you had a legally binding contract.
There are several ways of looking at this from a legal POV; either that the undertaking that you would have AC was a warranty or condition contained in the contract and evidenced by the note on the invoice, or that their promise to you was a representation (either fraudulent, if they knew it wasn't true, or more likely negligent, in that they didn't check) which caused you to enter into the contract.
Either way, I think they're definitely at fault and their 'administrative error' nonsense wouldn't cut much ice. The problem is that to win any compensation, you would have to show that you suffered an actual and quantifiable loss. As it seems that, luckily, nothing bad happened as a result of the lack of AC, I think you wouldn't gain much by taking them to court apart from a nominal amount for inconvenience/discomfort.
If I were you, I'd either accept the £80 or write to their head office and tell them a figure you'd accept. I don't know how much you paid for the holiday, but £80 seems a bit measly given the importance of AC for you as well as the numerous other failings.
HTH, and good luck.
Answers:
Re: Holiday Nightmare legal advice needed
Hello,
I booked an holiday to Kenya in December with African Safari Club. I clearly stated when booking that the room needed to have AC because of a medical conditon. The AC was confirmed both by the travel agent verbally and was re-confirmed on the confirmation Invoice issued by the tour operator.
I have just come back from the holiday and it has been an absolute nightmare. No AC, no fire extenguisher, fire alarms or running water in the room and major building works going onetc.
The tour operator now denies stating that the rooms have AC, and that the mention of AC on the confirmation invoice is an administrative error. They also deny that there are no fire extenguisher despite us having plenty of photographs.
We have been offered compensation of £80 per person for all the trouble we have been through
My question is: is the confirmation invoice a legally binding contract? I have written to both ABTA and trading standards but have had no reply as yet.
Thank you for any help.
http://www.holidaytruths.co.uk/viewf...7856c53 f1677
post your query here
Hello,
I booked an holiday to Kenya in December with African Safari Club. I clearly stated when booking that the room needed to have AC because of a medical conditon. The AC was confirmed both by the travel agent verbally and was re-confirmed on the confirmation Invoice issued by the tour operator.
I have just come back from the holiday and it has been an absolute nightmare. No AC, no fire extenguisher, fire alarms or running water in the room and major building works going onetc.
The tour operator now denies stating that the rooms have AC, and that the mention of AC on the confirmation invoice is an administrative error. They also deny that there are no fire extenguisher despite us having plenty of photographs.
We have been offered compensation of £80 per person for all the trouble we have been through
My question is: is the confirmation invoice a legally binding contract? I have written to both ABTA and trading standards but have had no reply as yet.
Thank you for any help.
Answers:
Kitten - suggest you put this into legal, you would get more replies.
Would depend on what actually constituted your contract - i.e. what did you sign up to. I would say that if it is stated on the invoice they will have a hard time proving that is not what was agreed but there may be standard terms and conditions to which you signed and which counteract this.
Answers:
Re: Holiday Nightmare legal advice needed
The tour operator now denies stating that the rooms have AC, and that the mention of AC on the confirmation invoice is an administrative error.
It's their error and their problem. They should have "provided the holiday as booked" you need to write in the strongest terms to the Travel Agent and tell them to take it up with the holiday company for compensation.
Provide them with a copy of the Confirmation and put in writting the extreme distress caused by them not providing the holiday as booked.
Do you have the brochure you booked from? or can you get hold of one. They have to issue an errata if anything changes in that edition of the brochure you are booking from and this would be printed on your confirmation.
Also copy ABTa in.
I'm hoping that you also made your disappointment known to the rep and also got a Reps Report.
Did the rep know about the problem and did they do anything to offer you accommodation of the standard with the facilities you had booked?
Answers:
The confirmation invoice itself isn't a contract, but there's absolutely no doubt that you had a legally binding contract.
There are several ways of looking at this from a legal POV; either that the undertaking that you would have AC was a warranty or condition contained in the contract and evidenced by the note on the invoice, or that their promise to you was a representation (either fraudulent, if they knew it wasn't true, or more likely negligent, in that they didn't check) which caused you to enter into the contract.
Either way, I think they're definitely at fault and their 'administrative error' nonsense wouldn't cut much ice. The problem is that to win any compensation, you would have to show that you suffered an actual and quantifiable loss. As it seems that, luckily, nothing bad happened as a result of the lack of AC, I think you wouldn't gain much by taking them to court apart from a nominal amount for inconvenience/discomfort.
If I were you, I'd either accept the £80 or write to their head office and tell them a figure you'd accept. I don't know how much you paid for the holiday, but £80 seems a bit measly given the importance of AC for you as well as the numerous other failings.
HTH, and good luck.
Answers:
Re: Holiday Nightmare legal advice needed
Hello,
I booked an holiday to Kenya in December with African Safari Club. I clearly stated when booking that the room needed to have AC because of a medical conditon. The AC was confirmed both by the travel agent verbally and was re-confirmed on the confirmation Invoice issued by the tour operator.
I have just come back from the holiday and it has been an absolute nightmare. No AC, no fire extenguisher, fire alarms or running water in the room and major building works going onetc.
The tour operator now denies stating that the rooms have AC, and that the mention of AC on the confirmation invoice is an administrative error. They also deny that there are no fire extenguisher despite us having plenty of photographs.
We have been offered compensation of £80 per person for all the trouble we have been through
My question is: is the confirmation invoice a legally binding contract? I have written to both ABTA and trading standards but have had no reply as yet.
Thank you for any help.
http://www.holidaytruths.co.uk/viewf...7856c53 f1677
post your query here