Argo Holidays (Allbury Travel Group)

[Ancient-Mariner]

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.

[Meldrew2]

It looks like you might have a decent chance - but I would first write to the tour operator and request full details of the reason for cancellation, with supporting documentation, telling them that if they fail to satisfy you that the cancellation was caused by events beyond their control (because a director's decision is certainly within the control of the company) then you will commence court proceedings.

 

Don't expect a satisfactory reply... but if you then start county court proceedings there will be questions asked of the tour operator "if the cancellation really was beyond your control, why did you not give Mr X proof?" which puts you at the advantage.

 

Loss of enjoyment is hard to quantify - you may well need some concrete loss.

 

I would suggest you claim 2 weeks' wages to enable you to take unpaid time off work in order to go on holiday - as you had booked the holidays with your employer and ended up staying home rather than going away.

 

Just my 2p worth.......

[tillymint09]

Hi there, just wondering how you got on with this.

 

We are about to issue proceedings against them. All of their letters have been written without prejudice, despite my repeated requests that they write openly.

 

They started off by offering us £50 each but denied they were liable for putting us in the wrong sized apartment for a week of our fortnight's holiday. they have blamed the hotel, who of course blamed them when we were there. problem was there was no actual rep in resort, only a so called agent, who was a disgrace. she broke the good news to us and then washed her hands of the situation. we couldn't contact argo on the phone because the telephone number was unobtainable from greece. all good fun.

[Ancient-Mariner]

Sadly I have to report that due to being too busy with other matters (I had just been elected as a County Councillor, and found that most weeks were not my own) I did not pursue it and accepted the £40.00p

 

I think that I had a good case, however there was one thing which did put me off.

 

This was that whilst using the small claims procedure would keep the maximum costs (if I had lost) to an acceptable amount, had Albury started an appeal (should I have won, then I would have been liable to their further costs had I lost at appeal.

 

If my assumption there is correct, then that is something to consider.

 

Good Luck

 

Clive