Mis-sold holiday package ( 6 nights instead of 7 paid for )

[lumberjake]

Hi all

 

I'll try and keep this as concise as possible. Basically;

 

I booked a holiday via secretescapes.com, specifying the 16th of July as the start date, the 23rd as the end.

Secretescapes did not provide specific times/dates to me before asking for payment.

I was unhappy about committing to paying the full amount before receiving this information but trusted it would be reasonable, or correct at least so went through with it.

I received a confirmation email from secret escapes specifying, as i'd expect "Check in date: 16th July, Nights: 7", but no flight details

The following day I received an email from [edit] with an attached pdf specifying the following flight details.

 

Departure - Gatwick, 16/07/2012 21:00. Arrival - Dalaman, 17/07/2012 02:55

Departure - Dalaman, 23/07/2012 17:55. Arrival - Gatwick, 23/07/2012 20:20

 

This means I'll be checking in on the 17th of July, and staying for 6 nights, despite having paid for 7.

 

I emailed justholidays explaining that wasn't the holiday they paid for me, to which they said they could amend my flight details to these, but at a supplement of £90 per person ( £180 as two of us ).

 

Departure - Gatwick, 16/07/2012 07:20. Arrival - Dalaman, 16/07/2012 13:10

Departure - Dalaman, 23/07/2012 14:25. Arrival - Gatwick, 23/07/2012 16:40

 

I replied ( tactfully ) explaining that I should have logically been supplied with this in the first place, and asked if the fee could be waived, to which he said no.

 

I emailed again explaining that it was confirmed that I'd be staying for 7 nights from the 16th and I shouldn't need to pay £180 to get a holiday that I should have been provided with originally. He responded fairly quickly saying that it is "our understanding the flight times were made clear to you prior booking the holiday", going on to say "Could you please contact Secret Escapes regarding this?" ( also mentioning they consider the original package to be 7 nights, apparently spending a night at gatwick airport part of my holiday package , and the supplement is subject to availability and availability will vary )

 

As it stands, I have now forwarded my email conversation with Paul from at justsunshine to support, asking them that they change the details. Given most companies are more interested in getting away with what they can, as cheaply as they can than providing a fair service, I'd be very surprised if they changed my details to provide the holiday I paid for, but will wait to see what they reply.

 

I appreciate the "business, small print, bs logic" in them considering that checking in on the 17th is the same as checking on the 16th, but the fact is, and the "actual people logic" is my holiday has been reduced to 6 nights, and I'm arriving on the wrong day.

 

Has anyone had a similar experience, or is there anyone that can share any insight, or perhaps help me along the way in getting the holiday I actually booked?

 

I've looked at The Package Travel, Package Holidays and Package Tours Regulations 1992 and think these parts particularly apply to my situation.

 

• Descriptive matter relating to packages must not be misleading
  
• Significant proportion of services not provided
  
• Terms implied in contract
  

 

If secretescapes refuse to sort this out, is it worth replying citing those regulations? Can anybody help me with what context I should use this in, ie, how can I make it sound like I will ensure these regulations will be enforced, and how can I actually make sure they are enforced?!

 

Would it be worth contacting the office of fair trading?

 

Is there anything else I can do?

 

I'm sick of companies like this taking the p*ss just because they think they can, hiding behind their corrupt terms and conditions and putting the general public out of pocket and causing stress, to benefit the greed driven managers and share holders, and am determined to get what I paid for so am grateful for any help/advice.

 

Thanks

 

Jake

Edited June 26, 2012 by honeybee13
Removing personal details.

[sequenci]

This is an interesting one, and I hope you can try and move this forward. I know that when I recently booked hotel rooms they would class a 'night' from anytime up to a certain time - even if you're arriving after midnight. So although you're arriving in the early hours the hotel would need to allocate the room from the 16th onwards - hence 7 nights.

 

I hope someone a little more knowledgable in this area comes to your help, I can certainly appreciate your concerns.

[lumberjake]

Thanks sequenci. This is the problem, from a terms and conditions, legal magic stand point they can probably "justify" it. From a common sense, human person stand point i've been short changed.

 

I'd be interested to hear if other members think that what i've been provided is acceptable? I'm questioning my own judgement, but to me the more I think about, the more it seems completely unfair and unjustifiable.

[assisted blonde]

I think it does depend on the flight times as was said above you arrive in the early hours of the morning so you will need your room so it would be classed as yours from the previous evening.

The think i have the biggest problem with is that you were not given the flight times before confirmation, on those grounds I cant see how you could agree to anything as you had not been given the details you were agreeing to.

Technically they are right morally perhaps not, although I would have assumed that the holiday price would have been less by taking the first flight which is why it was offered at the price it was.

I have just had a look at a couple of price comparison websites and the first flight you were offered is quite a bit cheaper than the 2nd one .

[lumberjake]

Quick update ( they folded and put us on the earlier flights ):

 

Secret Escapes ignored my support request for 4 days. I sent them an email from a different email address, saying I was having trouble making a payment, to which they of course responded to within hours. I replied with "thank you for the quick reply, though I just remembered I actually already booked a holiday, please respond to my query regarding this booking ( sent from email address x )"

 

Few hours later they replied essentially saying "that's how it is bro, 7 nights = 6 nights". I replied citing the above regulations, making it clear that I was intent on getting what I paid for.

 

They replied, offering to pay £90 for one of ( mine and my partners ) flights to be transferred to the earlier flight. I declined, and made it clear that I'd be doing my best to cause them as much aggravation as possible if they didn't transfer us both to the earlier flights.

 

They caved, and paid the £180 for us both to be transferred to the earlier flight, happy days.

 

If anybody finds themselves in a similar situation or just wants to see the emails conversation feel free to message me

 

Cheers

 

Jake

[assisted blonde]

Well Done