 Argo Holidays (Allbury Travel Group)
This is my first post here. It concerns our cancelled holiday. Basically I am thinking of using the Small Claims Procedure to obtain compensation for Loss of Enjoyment and Dissapointment due to a 2-week holiday being cancelled on three weeks notice.
I am not keen on using ABTA's arbitration, since as an individual I cannot obtain 'case history' so to speak, whereas tour companies would be well versed in that process. I believe that this is unfair.
The following is a gramatically changed version of my letter to Argo Holidays.
All their replies have been headed 'without predudice'. They did eventually send me a cheque for their 2 x £20 cancellation payment (£40) - however I have not banked this cheque. Other than that, Argo were just apologetic - well that's free I guess!
Lloyds TSB Travel refunded the cost of the holiday.
So my real query is what should I claim for Loss of Enjoyment and Disapointment? If I left this unspecified, would a Judge give his own figure based on what he thought appropriate? (Assuming I won!) For that matter, how strong a case do I have?
It may be relevant that Argo changed their T&C's from what I have in the original brocure, to ones which are less friendly on their current web-site. Also I understand that the reason for cancelling was due to their financial difficulties following a take over. (Basically Argo was OK until taken over by Allbury - or so I have been told and gleaned from Googling)
I have today sent for Patricia Pearl's book Small Claims Procedure - a Practical Guide, from CAG.
On 13th November 2007 I booked a holiday departing 5th June 2008 for myself and my wife to stay at the Meliton, Porto Carras, Halkidiki, through Lloyds TSB Travel Services and paid a deposit that same day. I then paid the balance of our payment on 7th March.
I later received a letter dated 25th March from Eamonn Ferrin. Chief Operating Officer, of Argo Holidays stating that Argo Holidays had been acquired by the Allbury Travel Group. He clearly stated in his letter that, “All booking procedures and details will remain unchanged.” And, similarly, “Please note your travel and holiday arrangements remain completely unaltered and unaffected by this change...”
On 15th May I received a letter dated 13th May, which was only three weeks to the day before we were due to depart, stating that our holiday had been cancelled.
I wrote to Argo Holidays stating that their action was totally contrary to their ‘Fair Trading Agreement’, where in Paragraph 7 they stated, “We will not cancel your holiday within 8 weeks of your departure unless caused by events beyond our control and set out in paragraph 10 or unless you have not paid the final balance due.”
When I telephoned Argo Holidays to ask for the reason for cancellation, I was told that it was a “Director’s decision”. Which can hardly be considered as Force Majeure, or “events beyond your control”.
Their letter of cancellation went on to say that they could offer a flight only at the cost of £219 per person. However they did not state where the flight would be to! The letter also stated that we could change to another destination with no amendment fee, or alternatively cancel with a full refund. When I checked their website I was presented with a “New website coming soon” banner, so obviously no alternative holidays were available.
Accompanying their letter was a holiday amendment/cancellation form from Lloyd TSB Travel Service which had three choices, 1) Accept the amended details. 2) Change to an alternative holiday. 3) Cancel with a full refund.
I endorsed the form against 3) with the statement: “+ compensation as per “6.” of Argo Holidays ‘Fair Trading Agreement’”. Also, I stated that I consider that additional compensation should be paid since their cancellation is contrary to ‘7. Cancellation by us’ ie cancelled within 8 weeks of departure. I signed this form and returned it to Apollo Travel Direct.
On subsequently speaking to Apollo Travel Direct, they considered that the cancellation of our holiday did not fall within paragraph 6. of their ‘Fair Trading Agreement’.
I wrote to Argo Holidays stating that the cancellation of our holiday had caused both myself and my wife considerable disappointment and loss of enjoyment. Not to mention stress, caused by your actions. I reminded them again that Eamonn Ferrin’s letter of 25th March which clearly stated that, “Please note your travel and holiday arrangements remain completely unaltered and unaffected by this change“. I informed Argo Holidays that we chose our holiday to the Meliton, Porto Carras, not simply based on the casual reading of your brochure, but for the simple reason that we have holidayed at that hotel on six previous occasions. Their brochure indicated that they were a company of high standards for discerning customers. I pointed out that their slogan, ‘Quality is Our Difference’ reassured us of their ability. | 
BT - won 
02 - won 
