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Reclaiming of holiday costs


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Guys I have looked a round the site and can't find a relevant thread to post this question. Sorry if it's in the wrong place.

My family and I booked a holiday with a company, which turned out to be a disaster, we tried to get the hotel to resolve matters, it didn't. We then raised a complaint when we came home there was a offer of a refund of £500, which we declined. The holiday provider stated they would speak to others and come back to us, they have since refused to acknowledge any correspondence. Can we claim through the small claims court for £3371, the total cost of the holiday, if so hopw do we go about it? Does all the evidence paperwork have to be submitted via MCOL?

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Thread moved to the Holiday Forum.

 

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I presume you meant they offered a partial refund of £500. You can claim for up to that amount a ruined holidays are contracts that you can claim for loss of enjoyment and freedom from distress. You need as much pictoral evidence as you can get. Unsuccessful complaining at the time is also important evidence. Whether you would get all the cost back needs you to demonstrate a complete disaster throughout the whole of the time due to the failings of the tour operator or their agents.

 

In the past Judges have demanded to see a large number of photos and not just a select few to ensure it wasn't just one bad day and then fun, fun, fun. And be mindful that someone may be checking your Facebook entries so don't tell all your friends there how great it was 'cos it may haunt you in 6 months time!

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Rex et al

 

We have around 90 photographs of the site, we also have a number of receipts to show the average cost of having to eat out. My problem is we booked through Sunmaster, they say they are on the agent and On Holiday Group are the provider. On Holiday Group say they are a hotel booking agent and we don't have a contract with them either! All our documents were taken off us by various representatives at the holiday during our daily 'comp[laint meeting' with various staff. The only number we had to contact in the UK was Sunmaster as my wife still had thier number on her mobile phone, we rand them (mobile records support this) and they said they would gewt a 'manager' to ring us back. This never happened and now On Holiday Group is saying we didn't contact them so we've broken our terms and conditions. The act of taking documents now seems to be a well versed tactic of the hotel.

 

My problem is who do I take to court? Sunmaster or On Holiday group? or can I cited both of them together one the one claim form?

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  • 3 weeks later...

Hi.

 

Just read your thread.

 

Two questions you have posted need answering.

 

1. The maximum you can claim in a small claims court is £3000.

 

2. Sunmaster will claim they are only an agent therefore as I am doing at present I had to take out a joint court action against both Sunmaster and The Global Travel Group who are now Sunmaster Holidays parent company.

 

When I first arrived at court Sunmaster claimed I was suing the wrong company fortunately the court allowed me to add their parent company to the court action. That parent company is The Global Travel Group.

 

Like any court action do not threaten if you are not prepared to follow through and make sure you have as much information as possible because The Global Travel Group will defend your action but if you are sure you have a case proceed to court. Do not be put off by threats of countersuit.

 

If you require any further info on how to proceed please feel free to contact me.

 

Hope this info helps,

 

Cheers and good luck

 

John

 

Guys I have looked a round the site and can't find a relevant thread to post this question. Sorry if it's in the wrong place.

My family and I booked a holiday with a company, which turned out to be a disaster, we tried to get the hotel to resolve matters, it didn't. We then raised a complaint when we came home there was a offer of a refund of £500, which we declined. The holiday provider stated they would speak to others and come back to us, they have since refused to acknowledge any correspondence. Can we claim through the small claims court for £3371, the total cost of the holiday, if so hopw do we go about it? Does all the evidence paperwork have to be submitted via MCOL?

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In England and Wales the small claims limit is 10k not 3k. MCOL allows you a small space to describe your claim but if you want to give more detail you will need to separately send the defendant a more lengthy Particulars of Claim. However the finer points can be made in a Witness Statement later. That said there should be sufficient info on your online claim submission to at least outline all the main issues.

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Sorry to hijack the thread, but can someone kindly explain why "Like any court action do not threaten if you are not prepared to follow through".

Could someone have intention to take the case to court, let the counterpart know and then change their mind?

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