Kuoni - Little Problems With Holiday ***SORTED***

[tbern123]

I have recently returned from two weeks in Phuket booked via Kuoni. A few things have given me cause to complain. The below is a copy of an email I have sent them. I know some of the issues are petty...

 

31st May 2008

 

Complaints Department

C/o Kuoni Travel

Customer Services

Kuoni House

Dorking

Surrey

RH5 4AZ

 

Dear Sir / Madam

 

Booking Reference: xxxxxx

 

As I am sure you will fully appreciate, after spending in excess of £x,xxx with your company to book a holiday of a life time I am very disappointed to have the need to write an email of complaint upon my return.

 

I have a number of issues that I would like you to review.

 

Hotel

 

1) Hotel Costs

Upon my return home, I was surprised to note that on 27th May 2008, my Credit Card has been debited twice by Diamond Cliff Resort. Once for £xxxx and again for £xxxx (I presume the small difference relates to the exchange rate). I have contacted my Credit Card company to notify them of this mistake and I would appreciate it if you could please confirm why my credit card has been charged twice for the second week of my stay.

 

2) Building Work

I was not informed at the time of booking my holiday or before leaving for my holiday that substantial building work was taking place next to the Diamond Cliff Resort. This substantial building work (possibly a new hotel) was both visible and audible from my hotel room and from the Grand Wing swimming pool throughout my stay. I have attached a picture to the email showing the building work behind the hotel. This building work had a detrimental effect on our enjoyment of our holiday.

 

3) Brochure Discounts

As confirmed in your brochure and in an email sent by Mr xxx on 12th April 2008, as a Kuoni customer I would be entitled to various discounts for food & beverages purchased during my stay at the Diamond Cliff Resort.

 

I can confirm that I did receive the previously detailed discounts. However, I would like to raise concerns in relation to the calculation of the Service Charge and tax applied to each purchase. My concerns are in relation to the fact that the 10% service charge and 7% tax were calculated on the total of each purchase before the applicable discount was applied. As a result, each purchase included an additional amount for the service charge and tax.

 

For Example.

 

13 May 2008 Room Service

 

Hamburger with Fries 300

Omelette with your choice of Ham, Cheese, Mushroom or 265

Seafood.

House Red Wine by Glass 250

 

SubTotal 815.00

10% Food Beverage Discount -81.50

Service Charge 81.50

VAT 7% 57.05

 

Total 872.05

 

However, the subtotal after the discount had been applied would have been 733.50. This would mean that the 10% Service Charge should have been 73.35 instead of 81.50 and VAT should have been 51.34 instead of 57.05.

 

If the Service Charge and VAT were calculated on the total after the discount was applied the Total would have been (Subtotal 733.50 + Service Charge 73.3 5+ VAT 57.05) 863.90 instead of 872.05. I appreciate that this in itself is a small amount, however over a period of two weeks this can be a substantial amount.

 

Could you please confirm if the discounts you advise in your brochure and confirmed by Mr Ben Snook should be taken into consideration when calculating the Service Charge and VAT.

 

4) Flights

 

4a) Outbound Flight Number xx Seats xxx & x

 

During the course of the flight, the air stewards / stewardesses served meals. When they reached our seats, they had run out of meals and went to get some more. However, they failed to return with a meal for either myself or my travelling companion. It was not until they started to collect the used meal trays that I realised that we had been totally forgotten about and had to ask for a meal.

 

4b) Inbound Flight Number xxx Seats xxx & x

 

As I am sure you are fully aware, this flight was delayed by three hours. I was very surprised and disappointed when I arrived at Bangkok airport, not to at the very least receive an apology. The Qantas representative that informed us of the delay was very light hearted about the delay and appeared to find the entire situation almost amusing.

 

To further compound my frustration, unless you had a connecting flight at Heathrow, the representatives were uninterested and appeared unwilling to offer any form of assistance.

 

I appreciate the importance of rebooking connecting flights, however my travelling companion was due to be collected at Heathrow by a relative. We were not offered the use of a phone or even given directions to a public phone to reorganise transport from the airport, to our respective homes.

 

Unfortunately, due to the delay my travelling companion was unable to arrange alternative transport which resulted in her having to take a taxi home to ensure she could attend a previously arranged appointment at a cost of £55.00.

 

4c) Inbound Flight Number xxx Seats xx & x

 

For a number of hours during the flight, the in-flight entertainment was not working. As this was the primary reason for upgrading our flights to Qantas, this was an expensive disappointment.

 

I would very much appreciate a written response to each of my specific individual concerns. This is the first time I have arranged a holiday with Kuoni, in light of the previously mentioned concerns, I feel that unless I receive a satisfactory response it will be my last.

 

Regards

My credit card company have refunded the dupilcated transaction.

I have never made a complaint about a travel company before and really would appreciate advice

[Guest Old_andrew2018]

Hi I am no expert but I am sure you will quickly recieve advice, my reply will bump your thread

[Bookworm]

Well, if you've already sent it, there's no advice to be given until you get a reply, really, but the main problem is that you have left it open-ended on how you would like the issue solved, so it looks a bit like a rant and nothing much more (sorry! )

 

You also, you bad, BAD CAGger, haven't set a timetable to deal with your complaint.

 

In other words, you have lost the initiative because what you have effectively done is say: "here's a list of my issues, please look into it", without specifying a timescale or what you want them to do about it apart from looking at it.

 

I think you want to think about what you want done about the specific issues, and set it in bullet points for your next communications, something like:

a - I want refund of xxx for the tax...

b - refund of taxi fare...

c - compensation for...

 

etc, etc... you get the gist. And make sure you give them a deadline this time!

[tbern123]

Dam you are right Bookworm, you would have thought I would have learnt by now

 

Over the weekend I had a response from Kuoni.. Bascially tough luck to everything.. I will post more tomorrow.

 

Thank you

[tbern123]

The Response from Kuoni

 

1) Hotel Costs

Upon my return home, I was surprised to note that on 27th May 2008, my Credit Card has been debited twice by Diamond Cliff Resort. Once for £xxxx and again for £xxxx (I presume the small difference relates to the exchange rate). I have contacted my Credit Card company to notify them of this mistake and I would appreciate it if you could please confirm why my credit card has been charged twice for the second week of my stay.

The say:

They have spoken to the Hotel and they have confirmed that they only debited my Credit Card Once

 

2) Building Work

I was not informed at the time of booking my holiday or before leaving for my holiday that substantial building work was taking place next to the Diamond Cliff Resort. This substantial building work (possibly a new hotel) was both visible and audible from my hotel room and from the Grand Wing swimming pool throughout my stay. I have attached a picture to the email showing the building work behind the hotel. This building work had a detrimental effect on our enjoyment of our holiday.

They Say:

This project has nothing to do with the hotel and management were therefore unaware of the building plans and also have no knowledge ir control over the building schedule. (It was a building site for a new hotel, which was already in an advanced stage as the actual frame of the building has already been partly contructed and they was heavy machinery, including cranes)

 

3) Brochure Discounts

As confirmed in your brochure and in an email sent by Mr xxx on 12th April 2008, as a Kuoni customer I would be entitled to various discounts for food & beverages purchased during my stay at the Diamond Cliff Resort.

 

I can confirm that I did receive the previously detailed discounts. However, I would like to raise concerns in relation to the calculation of the Service Charge and tax applied to each purchase. My concerns are in relation to the fact that the 10% service charge and 7% tax were calculated on the total of each purchase before the applicable discount was applied. As a result, each purchase included an additional amount for the service charge and tax.

 

For Example.

 

13 May 2008 Room Service

 

Hamburger with Fries 300

Omelette with your choice of Ham, Cheese, Mushroom or 265

Seafood.

House Red Wine by Glass 250

 

SubTotal 815.00

10% Food Beverage Discount -81.50

Service Charge 81.50

VAT 7% 57.05

 

Total 872.05

 

However, the subtotal after the discount had been applied would have been 733.50. This would mean that the 10% Service Charge should have been 73.35 instead of 81.50 and VAT should have been 51.34 instead of 57.05.

 

If the Service Charge and VAT were calculated on the total after the discount was applied the Total would have been (Subtotal 733.50 + Service Charge 73.3 5+ VAT 57.05) 863.90 instead of 872.05. I appreciate that this in itself is a small amount, however over a period of two weeks this can be a substantial amount.

 

Could you please confirm if the discounts you advise in your brochure and confirmed by Mr Ben Snook should be taken into consideration when calculating the Service Charge and VAT.

They say:

The Discount only refers to the cost of food and beverage and does not apply to the service charge or VAT

 

4) Flights

 

4a) Outbound Flight Number xx Seats xxx & x

 

During the course of the flight, the air stewards / stewardesses served meals. When they reached our seats, they had run out of meals and went to get some more. However, they failed to return with a meal for either myself or my travelling companion. It was not until they started to collect the used meal trays that I realised that we had been totally forgotten about and had to ask for a meal.

They Say:

We are sorry you was overlooked

 

4b) Inbound Flight Number xxx Seats xxx & x

 

As I am sure you are fully aware, this flight was delayed by three hours. I was very surprised and disappointed when I arrived at Bangkok airport, not to at the very least receive an apology. The Qantas representative that informed us of the delay was very light hearted about the delay and appeared to find the entire situation almost amusing.

 

To further compound my frustration, unless you had a connecting flight at Heathrow, the representatives were uninterested and appeared unwilling to offer any form of assistance.

 

I appreciate the importance of rebooking connecting flights, however my travelling companion was due to be collected at Heathrow by a relative. We were not offered the use of a phone or even given directions to a public phone to reorganise transport from the airport, to our respective homes.

 

Unfortunately, due to the delay my travelling companion was unable to arrange alternative transport which resulted in her having to take a taxi home to ensure she could attend a previously arranged appointment at a cost of £55.00.

They say:

In these circumstances international legislation governing carrier's conditions of carriage preclude them from offering compensation or refund for any additional costs incurred.

 

4c) Inbound Flight Number xxx Seats xx & x

 

For a number of hours during the flight, the in-flight entertainment was not working. As this was the primary reason for upgrading our flights to Qantas, this was an expensive disappointment.

They say:

From time to time, all airlines are likely to experiance problems with their inflight entertainment system (sound a bit like saying, from time to time planes crash) and whilst this may cause some disappointment, it is unlikely the Captain would delay the aircraft in order to see if repairs could be made.

[tbern123]

Dear Ms xxx

 

Thank you for your letter of 12th June 2008, sent in response to the concerns I raised in my previous email of 31st May 2008.

 

Firstly, I would like to say that I am very disappointed by your response to each of my concerns and I have to say I would have expected more from Kuoni, especially when you consider that I paid over £x,xxx, which for me is a considerable sum.

 

For ease of reference and to avoid any unnecessary confusion, I will continue to number each issue.

 

1) Duplicated Credit Card Transaction

 

Fortunately, my Credit Card provider (xxx) took my concerns more seriously then Kuoni. They have confirmed that my Credit Card was in fact debited twice and as this was clearly a mistake they have reversed one of the transactions to ensure, I have not been financially disadvantaged. As a result I consider this matter resolved

 

2) Building Work

 

I am amazed and disappointed by your response in relation to this issue, it would appear that Kuoni is attempting to evade it’s responsibilities as the supplier of my travel arrangement.

 

Kuoni confirm on it’s website that it is a member of ABTA. As a member of the Customer Service Department, I would presume that you would be familiar with the ABTA Member Code of Conduct as effective from 28th February 2008.

 

I would like to take this opportunity to refer you to this Code of Conduct. I have detailed the relevant sections on the following page and I have taken the liberty of highlighting in bold the relevant parts

 

 

 

CODE OF CONDUCT

 

 

ABTA Ltd 28 February 2008

 

BEFORE A BOOKING IS MADE

ABTA MEMBERS SHALL:

 

Accurate Information

1A) Make every effort to ensure that accurate information is provided to enable Clients to exercise an informed judgement in making their choice of Travel Arrangements

 

Building Works

2I) Ensure that all prospective Clients are alerted to any building works which may reasonably be considered to seriously impair the enjoyment of Travel Arrangements and provide them with accurate information about the extent of the building works. See Guidance on the Application of the Code of Conduct

 

Guidance on the Application of the Code of Conduct states

7. Building Works

Code 2I Members shall ensure that all prospective Clients are alerted to any building works which may reasonably be considered to seriously impair the enjoyment of Travel Arrangements and provide them with accurate information about the extent of the building works.

 

Continued on Page 10 of 22......

It should be remembered that it's not only building works within the property that can affect the client. Building works in adjoining properties or to adjacent streets can also seriously impair a client's holiday. The fact that you or your supplier has no control over these works doesn't mean that clients shouldn't be notified of them.

 

 

M) Building Works

where it is known, or can reasonably be expected, that building works which are likely to adversely affect the enjoyment of a holiday will take place during the period covered by the Brochure, all specific information must be published on the relevant page in the Brochure.

 

You should remember that it is not only building works within the property that can affect the Client. Building works in adjoining properties or in the resort can also adversely affect the enjoyment of a holiday and if known that the resort is likely to be developed within the lifetime of the Brochure this should be published

 

As confirmed by the ABTA Member Code of Conduct, as the supplier you had a duty to notify me of the building work being carried out next to the Diamond Cliff Resort. As clearly visible from the photo attached to this email, heavy building work was being carried out, evidenced by the machinery and crane. Further more as building work is also visible, it is possible to ascertain that construction had been ongoing for a considerable amount of time

 

In line with your responsibilities as a ABTA member could you please confirm what steps if any, Kuoni took to inform me of the substantial building work adjacent to the Diamond Cliff Resort, in your brochure, your website, at time of booking or at any point before travel ?

 

I have noted your comments in relation to complaints not being made to either the hotel or your representative. These comments only increase my disappointment with Kuoni.

 

Hotel

I made two separate attempts to raise my concerns. However, on both occasions due to the very limited English spoken by the staff employed by the Resort, I was unable to clearly explain the problem. I was left feeling very frustrated but accepted this situation as I was in Thailand and not England and I drew comfort from the fact as a Kuoni customer, I would be able to resolve my concerns upon my return home

 

Representative

As you may not be aware, I only had the pleasure of meeting your representative once for a period of approximately 15-20 minutes during the course of my two week holiday. This was on the first morning of my stay and before I had the opportunity to even look around the hotel.

 

I had paid extra to stay in the Grand Wing, which forms a semi circle directly facing the building work, it would have been impossible to move to another room within the Grand Wing and not be distracted by the building work

 

3) Hotel Discount

 

Surely common sense would suggest that tax and service charge should be calculated on the total amount charged (including any discount). The tax and service charge were calculated on amounts that I was not charged and did not pay

 

4) Qantas

I have made a separate Qantas, as I feel the level of service they provided was unacceptable on both the outbound and inbound flights. I am a little confused by your response:

 

“Of course passengers with connecting flights are likely to be given priority”

 

I was wondering if you could quantify this statement.

 

a) Are passengers with travel arrangements involving connecting flights anymore important then those without whose travel arrangements do not involve connecting flights ?

 

b) Do these customers receive better service, because they paid more for their tickets?

 

You continue to say:

 

“From time to time, all airlines are likely to experience problems with their in-flight entertainment system and whilst this may cause some disappointment, it is unlikely the Captain would delay the aircraft in order to see if repairs can be made”

 

As the records of my booking will clearly indicate, I changed from the standard airline at a cost of £xxx, purely because Qantas offered far superior in-flight entertainment. I would not presume for a moment that the Captain would delay the flight, especially as the flight had already been delayed. However, as I paid for a service that I did not in part receive I would have expected some form of compensation or partial refund for the inconvenience caused.

 

1) Duplicated Transaction

 

With thanks to my Credit Card Provider, this matter has been resolved and I have been refunded

 

2) Building Work

 

In line with your responsibilities as a ABTA member could you please confirm what steps if any, in your brochure, your website, at time of booking or at any point before travel or even during the course of the holiday, Kuoni took to inform me of the substantial building work adjacent to the Diamond Cliff Resort ?

 

3) Hotel Discount

 

Common sense would suggest that tax and service charge should be calculated on the total amount charged (including any discount).

 

4) Qantas

 

As the records of my booking will clearly indicate, I changed form the standard airline at a cost of £xxx, purely because Qantas offered far superior in-flight entertain. I would not assume for a moment that the Captain would delay the flight, however as I paid for a service that I did not in part receive I would have expected some form of compensation or partial refund for the inconvenience caused

 

For the reasons described within this and my previous email, the level of Customer Service provided by Qantas on both the outbound and inbound flights was disgraceful and I will never fly with them again.

Taking into account the breaches of the ABTA Code of Conduct and Kuoni not taking any steps to inform me of the building work and the other issues I have identified, I hope you will review my complaint as an apology does very little considering the issues I have raised and the total cost of this holiday.

Edited June 17, 2008 by tbern123
wrong font

[Bookworm]

4) Qantas

 

I have made a separate Qantas

A separate Quantas what? Something missing here.

 

Otherwise, pretty good, you're getting back in the spirit of things, but you still haven't set them a deadline.

[tbern123]

thanks,, lol

 

The original had the word complaint.... Just had a few probs with the copy and paste

[tbern123]

ok, I have received a response from Kuoni.

 

Basically them seem to indirectly imply that I am liar.

 

1) Credit Card

 

Kuoni state the Hotel did not debit my card twice.

 

(Credit Card company say otherwise)

 

2) Building Work

 

No apologies for not telling me about the extensive bulding work next to the hotel, they jsut say they did not think it would effect my enjoyment of my holiday.

 

(And why would it, paying over £2,000 to fly half way around the world to stare at building cranes and heavy construction)

 

3) 10% Discount on Food & Drink

 

According to them it is reasonable for the hotel to calculate tax and the service charge on the amount before discount. Even though this is not the amount you paid or were actually charged.

 

(Am I being unreasonable to think that tax and service charge should be calculated on the amount I paid ? )

 

4) Qantas

 

Terms & Conditions state Qantas not liable and that I only paid an extra £70.00 and not £220.00 to change to Qantas.

 

(Your website said I would be charged an extra £220.00 as this was the difference in the total price between flying with Thai Airways and Qantas)

 

Needless to say, I was not to impressed with their response....

[tbern123]

I am thinking of sending this, I would appreciate any comments and suggestions

 

Dear Ms xx

 

Thank you for your letter of 20th June 2008, please accept my sincere apologies for the delay in providing you with a written response. The reason for the delay was because I am amazed and extremely disappointed with the level of customer service and concern from Kuoni in relation to one of their customers.

 

I would like to take this opportunity to respond to your correspondence and ask for my complaint to be reviewed by a Senior Manager.

 

1) Credit Card

 

It would appear from both of your responses that you doubt the authenticity of my concerns in relation to this matter. This is clearly evidenced by the lack of any form of apology for the inconvenience caused from Kuoni.

 

I would hate to burst your bubble in relation to the Diamond Cliff Hotel and the information they have provided you with. However, as can be confirmed by xxxx (my credit card provider) I contacted them on 31st May 2008 to make them aware of this mistake. They subsequently confirmed:

 

“Thank you for contacting us about the pending transaction of £91.84 to Diamond Cliff Resort on 27 May 2008. I can confirm that this is the same transaction which is reflecting for £92.44 on 28 May 2008. However, it is going to take us a little while for your pending transaction to remove from the authorisation section of your account.”

 

As the second transaction was a pending transaction and thus does not appear on my account statements, there is little benefit in me providing you with copies. However, please accept this letter as my authority for you to speak to xxxx to establish the facts.

 

As I am sure you will fully appreciate the last thing you would want to be doing after returning from holiday is to be sorting out problems such as this with your credit card company.

 

2) Building Work

 

I have noted your comments in both of your letters:

 

12th June 2008

"This project has nothing to do with the hotel and the management were therefore unaware of the building plans and also have no knowledge or control over the building schedule”

 

20th June 2008

“Hotel management have no knowledge of the building schedule as the project has nothing whatsoever to with the hotel”

 

The points you have raised, I presume are attempts to explain why Kuoni took no action to notify me of the previously mentioned building work. As the photographic evidence shows the building work was at a very advanced stage. Your comments would suggest that this happened overnight now over several weeks / months.

 

 

Before finally deciding on the Diamond Cliff Hotel, I had considered staying at the Naithonburi Beach Resort. However, I decided not to stay at this hotel because of the following warning on your website:

 

“NAITHONBURI BEACH RESORT - WORK NEARBY

 

Please be advised that an independent project to build low rise condominiums is taking place on land next door to the Naithonburi.

 

The site is located to the north of the hotel approximately 100 metres from the hotel boundary which includes a driveway lined with palm trees. Hours of work vary but are generally between 8am and 7pm Monday to Friday and during this time will involve the use of a crane. The hotel's main facilities such as the swimming pool and restaurant are located on the opposite side of the property and therefore any disturbance is expected to be minimal.

 

As this project is not being carried out by the Naithonburi Resort, all of the hotels facilities remain fully operational and all Kuoni guests will be accommodated as far from the work as possible.”

 

The above warning is presented on your website during the booking process for this particular hotel. I have taken the liberty of highlighting several important parts of this warning.

 

A) independent project

 

B) Hours of work vary but are generally between 8am and 7pm Monday to Friday and during this time will involve the use of a crane.

 

C) As this project is not being carried out by the Naithonburi Resort,

This particular warning relates to building work that is not being carried out by the Naithonburi Resort and fairly allows anyone wanting to stay at this resort to make an informed decision. However, when booking the Diamond Cliff, despite similar building work, there was no warning and I was denied the opportunity to make an informed choice in relation to my accommodation.

 

You also state:

 

“We are of course fully aware of our obligations under the ABTA Code of Conduct”

 

If this is really the case then as stated in my email of 14th June 2008:

 

Guidance on the Application of the Code of Conduct states:

 

7. Building Work

 

Page 10 of 22......

It should be remembered that it's not only building works within the property that can affect the client. Building works in adjoining properties or to adjacent streets can also seriously impair a client's holiday. The fact that you or your supplier has no control over these works doesn't mean that clients shouldn't be notified of them.

 

 

Taking into consideration the warning on your own website in relation to Naithonburi Resort and the above extract, common sense and morality would say Kuoni should also inform people wanting to stay at the Diamond Cliff of the extensive building work being carried out at the adjacent property.

 

I was both shocked and amazed by your statement:

 

“The hotel management are certainly able to communicate in English”

 

Could you please explain how you define communicate in English?

 

I am not the only person to encounter communication problems.

 

27 May 2008

“The staff were nice although maybe English skills could have been better.”

 

26 May 2008

“When we walked up to the desk to ask anything most of the staff didnt make eye contact or pretended to be busy so that they didnt have to help you and when you did get to speak to anyone their english was teribble which caused us a few problems.”

 

 

27 Apr 2008

“She proceeded to read through this paperwork at lightning speed, however could not understand any questions we had as she could only read english not speak it fluently.”

 

17 Apr 2006

“The breakfasts and fruit stall were great and staff cheerful but all we conversed with spoke very poor english. This was most frustrating in reception when even the smallest requests from us were not understood. After speaking with several other guests, we found they all experienced the same problem.”

 

The above comments have been posted on www.tripadvisor.com

http://www.tripadvisor.co.uk/ShowUserReviews-g297930-d305263-r6615445-Diamond_Cliff_Resort_and_Spa-Patong_Phuket.html#TOPC

 

3) Discount

 

I apologise if I appear very dense in relation to your point of view. However, it may help if I explain how I see things.

 

If something costs £12.00, but you are only charged £10.00 then you pay tax and service charge on £10.00 as this is the amount I was charged.

 

A simple example would be if I went into Tesco and they were offered a 50% discount on a loaf of bread, the VAT included within that price would be calculated on the amount paid not the pre-discount price. To say that you would have to pay VAT on the pre-discounted amount is in mind implausible and laughable.

 

Another example would be if I brought something for 50p which should have been £1. I would be charged VAT on 50p and not £1. Surely these examples make sense?

 

4) Qantas

 

I am not even sure where to begin with your response concerning Qantas. You state in relation to passengers with connecting flights:

 

“Although clearly the airline are responsible for ensuring any further disruption is kept to a minimum.”

 

Again, I have to ask.. What about the disruption to customer without connecting flights? Why are they treated with less importance?

 

5) Cost of Flying with Qantas

 

Above all your response in relation to this matter has made me even more frustrated and angry with Kuoni.

 

You state:

“It is not clear why you believe you have paid an extra £220.00”

 

With the upmost respect from my perspective it is in fact crystal clear. When I booked this holiday on line, I clicked on airline and it gave a breakdown of the other airlines, I could fly with and it also stated how much more it would cost to fly with each airline.

 

On the day I booked my holiday the quoted additional cost to fly with either British Airways or Qantas was £220.00. I have noted that this is not stated on my invoice, never the less, had I flown with Thai Airways, Kuoni would have charged me £220.00 less for my holiday. How you internally calculate and incorporate this within the amounts you charge for a holiday is of little concern to me.

 

In relation to compensation, you also state that I accepted your terms and conditions when I booked my holiday with Kuoni. Companies are always very quick to fall back onto their terms and conditions. However, in this instance that is a mistake.

 

By booking the holiday, I did in fact agree to all of your terms and conditions, including:

 

4.2 BUILDING & DEVELOPMENT WORK

Many hotels and resorts are continuing to develop, sometimes rapidly and intensively and often with little or no advance warning. Whilst we have no control over such work, as a responsible tour operator, it is important to us that you are aware of any significant building/refurbishment work that may be on going during your stay.

 

General refurbishment work at hotels is necessary to maintain standards but if we are informed of such work, we will endeavour to notify you or any activity as soon as possible, however near to your departure this may be.

 

5.10 OUR COMMITMENT TO YOU FOR YOUR HOLIDAY ARRANGEMENTS

 

we will accept responsibility if due to fault on our part, or that of our agents or suppliers, any part of your holiday arrangements booked before your departure is not described in the brochure or not of a reasonable standard.

 

As I am sure your legal department will confirm, the terms of these conventions are incorporated into and form part of your contract with me. I would also like to remind you that the liabilities of the air carrier (Qantas) are limited under the Montreal Convention, but your liabilities as my Tour Operator are not.

 

As confirmed by 4.2 BUILDING & DEVELOPMENT WORK, by not taking any action to inform me of the building work, you are in breach of contract. Furthermore, contrary to 5.10 OUR COMMITMENT TO YOU FOR YOUR HOLIDAY ARRANGEMENTS, you have refused to accept liability for your suppliers Diamond Cliff Resort and Qantas.

 

I am sure you will not dispute that Kuoni are not only in breach of ABTA regulations but more importantly are in breach of contract. Taking this into consideration, with the poor level of service I have received from your Customer Service department, I am sure you will appreciate why I am unwilling to accept your token payment of £20.00 as a gesture of goodwill.

 

Your own terms and conditions state that you will notify me of any building work and that you will accept responsibility if any part of my holiday arrangements booked before my departure were not as described in the brochure.

 

For the avoidance of doubt, as a responsible tour operator Kuoni did not notify me of any building work and you have repeatedly failed to accept any responsibility on behalf of yourselves, Qantas or Diamond Cliff Hotel

 

I have repeatedly explained my concerns and on each occasion overcome your objections in relation to the liabilities of Kuoni.

 

The simple fact is Kuoni should:

 

1) Acknowledge that they should have made me aware of the building work and apologise.

2) Apologise in relation to my credit card being debited twice.

3) Apologise for the way in which my complaint has been handled.

4) Offer a discount of £750.00 (representing approximately 1/3 of the cost of this holiday) towards a new holiday to be booked within the next 24 months.

 

I hope the above solution will be acceptable and there will be no further need for me to contact you in relation to my concerns.

 

Taking into consideration that I initially made my complaint on 31st May 2008, if I do not receive a response within the next 7 days, I will escalate my complaint to ABTA and consider instigating legal proceedings against Kuoni for breach of contract.

[Bookworm]

1) Enclose copy of CC statement, highlighting double transaction and ask them how do they explain those then.

 

2) Nice one, they have just confirmed they lied to you:

They Say:

This project has nothing to do with the hotel and management were therefore unaware of the building plans and also have no knowledge ir control over the building schedule.

they did not think it would effect my enjoyment of my holiday.

3) Your way is logical, but I have a feeling that you may be on a loser on that one, I can't remember how and where, but I have a feeling that it may be ok for them to do it that way (although I personally think it's a crock). I've just discussed it with Mr BW and he agrees with me, but again, we can't be certain as to how and why, sorry.

4) Were you charged the extra £220 or only £70?

 

Well, what is your aim to resolve this? You can ask them if this their final decision and you can then take it to ABTA. Personally, I think you have a very good chance with the building work part (especially now they've contradicted themselves) and the rest is much more dubious, but there is a fee, check the ABTA FAQs for the procedure.

 

Alternatively, you could sue them in SCC, quantify your loss in monetary terms and go after them that way, there is of course a fee there too.

 

I would really like the holiday industry to come under the FOS, I think it would make it a lot easier for peopke to get redress, and maybe help regulate an industry which is taking liberties far too much because they have so little accountability, but whether that will ever happen is a story for another day.

 

Let us know what you decide and what happens.

[Bookworm]

Sorry, we were both typing at the same time, but you were quicker than me.

[tbern123]

Thanks BW

 

1) Enclose copy of CC statement, highlighting double transaction and ask them how do they explain those then.

 

Because it was a pending transaction and my credit card company reversed it, the transaction does not actually appear on a statement. The only thing I can provide them with is copies of the online messages between me and my credit card company.

 

2) Nice one, they have just confirmed they lied to you:

 

3) Your way is logical, but I have a feeling that you may be on a loser on that one, I can't remember how and where, but I have a feeling that it may be ok for them to do it that way (although I personally think it's a crock). I've just discussed it with Mr BW and he agrees with me, but again, we can't be certain as to how and why, sorry. .

 

Yeah I think you are right, I think it comes down to the meaning of words such as reasonable etc..

 

4) Were you charged the extra £220 or only £70?

 

The price to fly with Thai Airways was £220 less then flying with Qantas and on their site when I booked the holiday, it said that it would cost an additional £220.00 to fly with Qantas.

 

So in my mind, it cost me £220.00 to fly with Qantas. The only snag is on the invoice it states £70.00. It would appear that the hotel is cheaper when you fly with Thai Airways then Qantas....

 

Well, what is your aim to resolve this? You can ask them if this their final decision and you can then take it to ABTA. Personally, I think you have a very good chance with the building work part (especially now they've contradicted themselves) and the rest is much more dubious, but there is a fee, check the ABTA FAQs for the procedure.

 

I would glady settle for a discount towards another holiday, I do love a bit of sun

 

Alternatively, you could sue them in SCC, quantify your loss in monetary terms and go after them that way, there is of course a fee there too.

 

I would really like the holiday industry to come under the FOS, I think it would make it a lot easier for peopke to get redress, and maybe help regulate an industry which is taking liberties far too much because they have so little accountability, but whether that will ever happen is a story for another day.

 

Let us know what you decide and what happens.

 

I know exactly what you mean. Some people may not like the FOS but without them I think people would be worse off.

[tbern123]

Sorry, we were both typing at the same time, but you were quicker than me.

 

lol copy and paste is a wonderful thing

[Bookworm]

Don't mind me for being brutally honest (when am I anything but? ) but I think you are being over-verbose. You are letting them call the shots again and bury you in an argument whilst they do nothing, so my suggestion would be a letter saying: "Look, I have now written to you twice pointing out the issues about the holiday and your failure to act in line with ABTA code of conduct, and all you are doing is trying to justify your actions or lack thereof, so I am now going to ask you for the last time what you are planning to do about my very serious complaint, and if the answer is nothing, would you please let me know within 7 days, so I can take the next step in my complaint?" or words to that effect, becasue it's quite obvious they are prepare to lead you up and round the garden path until you collapse with all 4 legs in the air.

[tbern123]

lol, I think you are right..

 

I just have a bad habit of writing a book when a paragraph will do.

[Bookworm]

Yeah, I use to do that too, until I realised they could do that too until the cows came home.

 

Now, I write 1 letter detailing the complaint at length, and if they try the fob-off approach, my second letter is on the lines of: "Stop spouting hot air, if you don't deal with this within 7 days, see you in court/with the FOS".

 

Usually works pretty well for me.

[tbern123]

I have a confession to make...

 

I was a little bored this weekend, so I did a little digging and found the email addresses for the entire board of the Kuoni Group based in Switzerland and brought my complaint to their attention, in both english and german...

 

I came home from work today to find this response:

 

Dear Mr xxx

 

Thank you for your email of 12 July, addressed to the Kuoni Board of Directors. I have been asked to review your ongoing complaint with Kuoni, in my capacity as the Senior Manager responsible for Operations & Customer Services.

 

I would like to start by saying that I am very sorry that you had reason initially to complain about your holiday to Thailand and also for the fact that the issues remain unresolved at this time. I have now had the opportunity to read through all aspects of your file and note that when compiling your email on 12 July, you were not in receipt of our response to your letter of 28 June. I very much hope that you will have received this letter today, but I also attach a copy for you with this email.

 

As you will read, our latest response was handled by a senior member of the Customer Services team and I hope you will feel that it fairly addresses the issues that you have raised. Having carried out a thorough review of our investigations and responses, I am satisfied that we have now taken each of your complaints in turn and provided a full and detailed explanation of our findings. However, I do feel that we could have reached a satisfactory conclusion sooner than we have and I am sorry that it has been necessary for you to write to us on several occasions to reiterate your comments. With this in mind and as it is our express wish to retain your custom, I would like to offer you a discount voucher of £300.00 which may be redeemed against any holiday booked prior to July 2010.

 

Mr xxx whilst I appreciate that our offer falls short of the amount you have requested, I do hope that on consideration you will feel it to be a reasonable outcome to your complaint.

 

Please do not hesitate to contact me personally should you wish to discuss the matter further, as I would be very happy to hear from you.

 

Kind Regards

Lisa Cain-Jones

Senior Manager - Operations

Kuoni Travel Limited

 

I have decided to accept their offer....

[Bookworm]

Pretty good, as long as you don't mind being tied in with travelling with them again.

 

Well done you!

[tbern123]

Thank you

 

I am thinking of going to the same place in december.... just a different hotel

[MARTIN3030]

Good result Tbern..Bookie- thread title added lots ov great advice from you here

[MARTIN3030]

Good result Tbern..Bookie- thread title added lots ov great advice from you here

 

 

And it just goes to show-better to make a stand and get a result than do nothing and just say Phuket:p

[Bookworm]

*groan* @ Martin's terrible pun.

[tbern123]

*groan* @ Martin's terrible pun.

 

My thoughts entirely lol

 

But on a more serious note, thanks everyone especially BW for your help

[Bookworm]

Hell, I can't do much about Cabot, but always a pleasure. ;-)