Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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Please please can anyone help me. booked my honeymoon with Hayes and Jarvis earlier this year. It was to got to Jamaica at a hotel recommended by the sales advisor. when we got to the hotel they said there was no information stating it was our honeymoon, however we were handed a bottle of cheap something from the cleaner on day 6. It was just a disaster, jelly fish in the sea, staff informing us of dirty swimming pools (9 people i know of had ear infections), loud music on and off site and builders working on site near our room. The hotel itself was extremely basic and i requested a move to another hotel as i was so disappointed. the rep was useless and they didn't move us. i cried so much and just wanted to come home. i have since found out that another couple complained about the hotel and were moved and given a refund of their first weeks accomodation. i have complained to hayes and jarvis and they are refusing any compensation at all. they admit the hotel is of a low standard but say it warrants a 3 tick rating (which i strongly dispute). they are implying that i did not inform them it was my honeymoon - which i just daft! please can anyone help me as i really do feel that we have been treated unfairly but i just don't know what to do next.??????
Well, first of all, you want to write down precisely what it is that is imputable to the hotel/tour operator. For example, you can't blame them for the jellyfish, so you would leave that out. Loud music in Jamaica, well, again, that's to be expected. It's easy to pour everything out when things go wrong, but you have to be able to separate things in your head and on paper. There is no way you would get compensation for things like jellyfish and loud music in a country where reggae rules.
Once you have done that, compare it with the brochure/website. Did you take pictures? Film?
Then you want to set out your complaint in clear and well separated sections, for example a) hotel not conforming to description from brochure, with photos and descriptions showing this, b) health and safety issues (dirty swimming-pool, etc) c) complaint about rep and lack of response from him, etc...
honeymoon-wise, why do you think it would have made a difference? Were there facilities available to honeymooners, special treatment offered? If yes, then add that to your complaint.
Once you have done that, you send it to them, recorded delivery, and you say that you are bitterly disappointed about their first response. They had a contract with you, and in your opinion, they have not fulfilled their half of the contract, and you are quite prepared to take legal action if they do not come up with a satisfactory response within 14 days.
Have a read at Kirky's thread about her honeymoon, and see how things have developped.
Apologies to people who I was in the process of helping, I may be gone some time.
Thanks for your response, i shall read Kirkys story. I am really upset but you are right i need to seperate the issues that they are unable to do anything about. the only reason i mentioned the jellyfish stuff was because it only really left us with the option of using the hotel pools, which some staff had said were dirty. they say that all their records show that testing of the pool water is carried out however they apologise if there was a fault in the system whilst we were there. they make no reference to the music on site (i appreciate music off site even though it did go on until 3am and later) they also make no reference to the building work or why they moved another couple who complained to a nicer hotel and offered them a weeks refund when i begged them to move us even if i had to pay additional funds. the rep was useless and i often reported the music on site but this was never followed through and they say that they don't have any record of me reporting the water pressure dropping leaving us with very little water to shower with etc on some of the days or a broken toilet, even though they sent someone to mend the toilet. they will only say that the hotel is there cheapest hotel in their package - which if i had known i wouldn't have booked it. i have stayed in 3 tick hotels in the caribbean before but this hotel was horrible and so so basic - i have stayed in better butlins camps to be honest. i do not feel that the holiday was fit for the purpose that they sold it to us for, nor do i feel that the duty of care shown to us was of a suitable standard - they are still not changing their minds and i now wish i had shouted and screamed in the reception area of the hotel as the other couple did that got moved, at least then we would have finished our honeymoon with some nice memories of jamaica. i have tried to be polite and amicable with the hotel, the rep and the travel company but i'm not getting anywhere. i do have camera footage of some of the music noise and i have the names and addresses of the other couple that were moved.
i do feel that we deserve some compensation for what should have been a romantic holiday of a lifetime which sadly turned out not to have been worth the £3000 we paid.
If you do take legal action against the Hayes and Jarvis, and assuming you paid for your honeymoon with your credit card (not debit card) then make sure you name your credit card as the Second Defendant. Your credit card company is just as liable for any misrepresentation as the company that sold you the holiday. This is under Section 75 of the consumer credit act.
I also suggest that you write to your card company now advising that you are having a dispute with a retailer. they can also apply pressure to resolve matters.
Just wanted to chip-in here on the CCA s75 issue...
I've had to hire a lawyer to sue a vehicle retailer for a refund (too complicated a case to take on myself!) and the whole thing was paid for on a credit card.
While I would back-up the suggestion that you inform the card company of what's going on, don't get your hopes up. My card company was wholly unhelpful (which is what led me to hire a lawyer). This was despite clear, documented evidence that the vehicle wasn't fit for purpose under the SOGA.
What the lawyer is now doing is suing the vehicle retailer on his own. Then, when judgement is passed (either because I win or he doesn't turn up) we can go to the bank and insist on payment. Then they must pay under the aforemention act and section.
Basically, if it's easier for the bank to make excuses and not pay you back, they will do just that. As soon as you make things difficult for them (i.e. by passing a judgement against the retailer), they'll most likely pay up.
I was in a similar situation a few years back. I rented a car and the car hire company charged me £350 for damage that did not occur. they then falsified paperwork. Fortunately, I had pictures of the car before I returned it. Other things happen but it will be too complicated to explain.
Anyway, when I issued proceedings I only sued the car company. After obtaining Judgement ( and a suggestion that I report the Car hire firm for VAT evasion), I then went back to the credit card company. They then delayed matter for another year but finally paid up. Much easier to bring them in to proceedings now.
About a year ago, my wife stayed at The Le Meridien Hotel in New Delhi. Despite a firm reservation, a confirmation number etc. etc, the hotel tried to argue that there was no reservation for her. I had notified the hotel that my wife would be arribing at 04.00 hours and had to travel on again at 10.00 hours the same morning. It was imperative that she got as much rest as possible. She was made to wait for 3 hours in the lobby, as the hotel was full (so they claimed).
Anyway, they billed her £285 for the room and I then argued that the hotel was in breach of contract. the hotel refused to listen, so I issued proceedings against Le meridien in the Uk and Barclaycard. The case was settled as soon as proceedings had been issued.
Interesting to hear that, thefenz... perhaps if I ever have a similar issue again in the future I'll just start the action myself before involving a lawyer then.
edit:
FWIW, here's the actual advice my lawyer gave me at the time:
The Consumer Credit Act offers you protection as a card holder where a claim of misrepresentation or a breach of contract has been proven. The Bank’s position will undoubtedly be that at the point of raising the proceedings a claim has not been proven and it is therefore not correct to bring them into the action.
Still, I suppose it's likely that the bank would just settle-up rather than go to court unless it was a huge sum.
Granted. But in any event, you are trying to prove a greach of contract so I see no harm in including the card company as the 2nd Defendant.
If you win, then either one of the parties have to pay up within 14 days. Much easier than obtaining Judgement and then pursuing the card company for payment. They can also(and did in my case) state that they have to be noified of any dispute as soon as it happens.
Honeymoon From Hell
with Hayes and Jarvis earlier this year. It was to got to Jamaica at a hotel recommended by the sales advisor. when we got to the hotel they said there was no information stating it was our honeymoon, however we were handed a bottle of cheap something from the cleaner on day 6. It was just a disaster, jelly fish in the sea, staff informing us of dirty swimming pools (9 people i know of had ear infections), loud music on and off site and builders working on site near our room. The hotel itself was extremely basic and i requested a move to another hotel as i was so disappointed. the rep was useless and they didn't move us. i cried so much and just wanted to come home. i have since found out that another couple complained about the hotel and were moved and given a refund of their first weeks accomodation. i have complained to hayes and jarvis and they are refusing any compensation at all. they admit the hotel is of a low standard but say it warrants a 3 tick rating (which i strongly dispute). they are implying that i did not inform them it was my honeymoon - which i just daft! please can anyone help me as i really do feel that we have been treated unfairly
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