Forthcoming holiday - since booking learnt substantial building works at hotel

[racer1]

This is a pre holiday query rather than the more common post event!

 

We have a holiday booked on 1 November to Tunisia for a week. At the time of booking, there were no "information" messages regarding the hotel or anything on our booking confirmation, Trip Advisor reviews were good, etc.

 

Having checked Trip Advisor this week every complaint is a bad one and they are bad ones in relation to building work that is apparently taking place over 12 hours a day [6 til 6]. Having looked on the tour operators website yesterday, there is now an "information" warning when you go to book the hotel for these dates [it says "building works are ongoing, please contact XXX before booking for more information"].

 

We've contacted the tour operator who've said there is a new spa and gym being built and room refurbs being done. They'll put a note on the booking to request a room as far away from the noise as possible but from everything we've read, the noise can be heard everywhere within the hotel resort - poolside, beach, etc.

 

Obviously we need to move quickly on this, I think our main concern is we get there and find it's really noisy, do we have a leg to stand on ie requesting another resort? Of course we could be worrying about nothing but having now read lots of travel review sites, it doesn't look good....

[Guest wino]

Have you asked the tour operator to move you to a completly different hotel that hasn't got any building work on?

[sailor sam]

If you wern't pre-warned of this when you booked, you can ask the tour operator to move you to another hotel. Remember; your contract is with the tour operator so make sure you get it sorted BEFORE you go. You will want written confirmation with the new hotel's details on. DO NOT rely on the tour operator saying they will find you a room as far away as possible in the same hotel because once you are there, you may find you are stuffed.

[racer1]

Yep and we were just told they'd make a request for us to be as far away as poss from the noise which I guess is the easiest solution for them.

 

Thanks for both the replies, we just didn't know what grounds we have, and obv do want to sort before we go!!

[Guest wino]

The tour operator knows about the problems at the hotel. You really need to ask to be moved to another hotel before you go. I will refraize that INSIST on another hotel.

 

Has the op got a branch / high street agency you are Dealing with. My point being is that you need to put your requests in writing or email. If you are dealing in a branch put your requests in writing and get them to stamp or sign it to say they have recieved a copy.

 

Nobody books to spend their holiday on a building site. Best get it changed now as it will be difficult to claim compensation for a bad holiday after you go knowing of the problems.

[sailor sam]

Yep and we were just told they'd make a request for us to be as far away as poss from the noise which I guess is the easiest solution for them.

 

Thanks for both the replies, we just didn't know what grounds we have, and obv do want to sort before we go!!

 

Not good enough, ring the tour operator (the people you paid the money to) and insist they move you to another hotel/resort otherwise you will be seeking a total refund.

[Guest wino]

Any news on this?

[heidi1]

Hi,

 

Firstly, you need to check who your contract is with. Who did you book through? If you used an agent, which Operator/ Supplier have they booked the hotel with. Is it a "package" holiday? OR are the flts/hotel/ transfers booked seperately?

 

Not wanting to bore you too much with the detail, but if its not a package, the supplier who booked the hotel may not be "Principal" which means that the contract may well be with the hotel, not the supplier or operator.

 

Easiest thing to do (If you have not already sorted this out) is list the complanies you have recvd any documentation from, by email or otherwise.... I'll try to tell you if its package or not, and if not, if the hotel supplier acts as prinipal or not. Sounds confusing but it is quite important, as if the contract is with the hotel, you may have problems trying to be moved!

 

Just to give you some background of who I am, I'm a Travel Agent of 10 yrs, and though I do not have any formal training in consumer law, I do understand certain aspects of it and will always try and give the best advice possible, from an experience point of view:razz:

 

Regards

 

Heidi

[Bluefairy]

The Tour Operator (principal) will monitor building works but only has a duty to notify you prior to departure about works that will have a major impact on your enjoyment of the holiday. Problem is, they inernally audit and score on a grading scale of 1-5, 5 being the worst effected, so basically self regulated, but they do have to comply with ABTA guidelines in this respect. If this is the case they must offer you a cancellation and refund free of charge (ie no admin fee) or an alternative holiday and refund any difference if the alternative is cheaper. If the alternative is more expensive, you will have to pay the difference. There is no entitlement to compensation.

 

If you get there and fnd a poroblem take plenty of photos for evidence. Complain in resort and fill in a customer complaint form while you are there. Insist on this even if the reo tries to fob you off. Keep a diary of how you are affected. If you dont comlain in resort you must complain within 28 days of returning. Dont just rant.. set out all of the issues and provide photogrpahs. The first few responses will always be a knock back, but keep on.

 

Abta offer an arbitration service which is a hearing dealt with on paper. It costs you £80. You fill in your form, Tour operator replies by Defence. You can comment on the Defence further and then the matter is referred to an independant arbitrator for a decision. The key to this is it will cost the Tour Operator just short of £400 minimum costs just to be able defend (more if your claim is worth a lot more) so usually they will pay up without a fight if your claim is worth about £800 or less. Even if they do defend this is a good alternative to Court proceedings.

 

Hope this is of help to anybody reading.

 

I am ex tour operator legal department. I have probably dealt with some of the claims on this site and probably been moaned at about too!

 

Dont Just book it!!!!!!!

[sailor sam]

Personally I would'nt go at all if they could'nt satisfy me that my holiday was going to be stress free when I get there.

[heidi1]

Bluefairy,

 

Is it still the case that ABTA will only offer arbitration after 3 dissatisfactory responses from the operator? Just interested as this used to be the case.

 

Thanks in advance:p

[Bluefairy]

Hi Heidi

 

No, you can issue arbitration anytime, but obviously the TO should be given opportunity to respond ton your complaint

 

 

 

Sailor Sam, know what you mean matey but its nort part of your contract to be stress free - thats "mere puff" - and yes that really is a legal term!

 

Love Blue x

[Bluefairy]

Sorry guys, my typing is cr*p tonight!

[heidi1]

Hi Blue, thanks for cleating that one up for me

 

Agreed bout Sailor Sams post too. I know it sounds harsh but at the end of the day, thats the way the cookie crumbles.

 

H

[racer1]

Hi all, thanks for the posts and sorry for such a slow reply - I thought I got email notifications for replies but obviously don't!!

 

We phoned the operator as already stated, they just said they'd do best to minimise noise etc. We wrote and emailed them as well and heard nothing for over a week just a standard automated "we've received your email" reply. On Tuesday [27th] we had a letter dated 14th October advising us of building work going on, guess this was lost in the post or something.

 

Anyway, to cut a long story short we finally find another number to call the tour operator on. They said all they could do was move us to another hotel and we would have to pay for the transfer but they'd knock off admin fees and £100 "as a gesture of good will." We've argued, tried everything, but in the end have paid the extra £130 to move. It's frustrating, not only the ££ when we were never told about it in the first place, but stupid things like we've now got to rebook our seats on the flights etc.

 

If anyone has any advice thanks, but if not thanks for everything so far and fingers crossed we have a good week and good weather!

[Bluefairy]

Do a claim via abta arbitration scheme when you get back. Give me a shout if you need help with it.

 

Blue x

[racer1]

Just back! Can you post here or PM info / process please??

 

Bit frustrated to say the least to have moved and paid extra, and then have building work in "new" hotel - they were replacing the bar windows, which was by the pool, so not so relaxing sunbathing as they "smashed out" the old windows to replace them, amongst other bits and pieces they were doing....

[Bluefairy]

Hi

 

You need to do a letter to the tour op about the complaint, the pre departure issues and the issues while you were there, as you do have to give them the opportunity to respond before proceeding with further action. You will get an acknowledgement telling you they have 28 days to investigate as per ABTA guidelines. That is true, they do have 28 days from the date of their acknowldgement letter. Just respond saying you require their offer of compensation on or before the expiry of 28 days failing which you will issue ABTA arbitration proceeindgs against them without further recourse to them. In the meantime contact ABTA in London and ask them to send you the forms, so you will have them ready. One of the forms will be a pre arbitration notice. Stick by your guns. If you dont have your compensation offer after 28 days, you can send the TO the pre arb notice detailing the claim and they then know you mean business. Otherwise just issue your claim with ABTA by sending the forms and any supporting docs to them with your payment (£74.30 I think). TO then has 28 days to file a defence. You will get sent their defence by ABTA for your further comments. The TO wont have any other opportunity to comment after their defence has been filed unless you bring up entireley new issues. All the papers are then sent to an independant arbitrator for a decision, and if you are successful, a compensation award.

 

Dont forget to leave CAG a donation if you are successful please!