TELETEXT ruined our holiday . Court?

[taz_in_2001]

I am after some help with fighting TELETEXT Holidays.

 

Basically I purchased a holiday and nothing was as advertised on their website, it cost us a great deal more money to provide the essentials whilst on the holiday and pretty much ruined our experience.

 

I have sent in complaints and attached my emails and theirs in an attachment to this. They seem to have come to the end of the line with their compensation offers of a measly just under £200 for a £2000 holiday.

 

If someone would be so kind as to read the emails to see my chances and then direct me on my first steps to court proceedings I would be truly grateful. I can donate to the page also.

 

Regards

Complaints to Teletext Emails.pdf

[taz_in_2001]

Also if this claim goes to court, am I able to ask for it to be transferred to a court nearer me?. Given my work and children I am unable to travel to London which is where their offices are based.

Can I claim for the full holiday of £1500 plus the €490 we had to pay to upgrade in order to feed ourselves plus interest? and if so is it Teletext I actually claim from as their the ones who sold it and misrepresented the hotel on their website?

 

Thanks

[AndyOrch]

As you will be the litigant claimant and the defendant a Ltd company...yes it will be held at your local county Court.

 

You claim against the company that you paid ...that is the contract between you and them.

 

Andy

[taz_in_2001]

Would I be right in thinking I can file under:

 

1. The Package Travel, Package Holidays and Package Tours Regulations 1992 using the court case Titshall v Qwerty Travel [2011] EWCA Civ 1569 to fight their claim they are exempt from the regulation.

 

2. The Misrepresentation Act 1967 for their advertised facilities failings but also that on the telephone when booking the holiday the gentleman named Hamilton I spoke to when asked put me on hold and on his return said he had spoken to the hotel and all works in the hotel and the beach was finished. This was also untrue

 

and

 

3. Sales of goods act 1979

 

I have filed and paid the fee I am now trying to set out my particulars of claim that I must send to the defendant

 

Thanks

[taz_in_2001]

Does this look ok for the particulars of claim?. I would have to send this to Teletext im assuming?:

 

Thank you for taking the time to read it

 

IN THE MONEY CLAIM ONLINE COUNTY COURT

 

B E T W E E N:

xxxxxxxxxxxxxxx

Claimant

 

-and-

 

 

TELETEXT HOLIDAYS LTD.

 

Defendant

 

 

 

 

PARTICULARS OF CLAIM

 

 

1. The Defendant is Teletext Holidays and is a Travel Agency.

 

2. Details of Claim:

 

• On the evening of 19th December 2016 the Claimant xxxxxxxxxx saw a last minute holiday advertised on http://www.teletextholidays.co.uk. Placing a call via telephone to the number advertised she spoke to a call handler named Hamilton who proceeded to book a weeks bed & breakfast holiday over the Christmas Period at the 4* Geranios Suite & Spa Aparthotel for Miss xxxxx and 3 other guests departing early morning of 21st December 2016.

As Hamilton and herself were talking about particulars she asked Hamilton were the renovations at the hotel and beach still being carried out as she had noticed a few people commenting about this on http://www.tripadvisor.co.uk, he placed her call on hold and on return stated he had spoken to the hotel, they confirmed they had a Junior Suite available and that the renovations are all complete. The whole package holiday booking was completed at the same time implying this was a package holiday and payment was taken, the call was placed on hold whilst Hamilton retrieved Miss xxxxxx booking reference, after 15 minutes the call was picked up by a lady named Rachel who proceeded to tell Miss xxxxxx her booking was not complete as the hotel was fully booked, Miss xxxxxx complained that her money had been taken and she would like this sorted. After over 2 hours Rachel sorted the booking but Miss xxxx was charged an added £100 as there had been ‘an increase in price’. Not once did Hamilton or Rachel proceed to tell Miss xxxxx that they were booking through separate companies for her holiday. It was all done through Teletext Holidays booking telephone line and advertised on the Teletext Holidays website for this last minute holiday.

 

• Booking details and e-vouchers were received on 20th December 2015

 

• On arrival to the Geranios Suites & Spa Aparthotel Miss xxxxx noticed an A4 sized sign on the hotel door stating “Sorry for the inconvenience we are working to improve hotel complex”. Refer to Evidence 1

 

• Throughout the week of the stay work was carried out inside the hotel and the beach. Refer to Evidence 1.

 

• The Junior Suite Miss xxxxx was given consisted of one bedroom, a living room with a sofa bed and a kitchen lacking the facilities advertised.

 

• At her earliest convenience after trying to connect to the hotels very temperamental WiFi connection Miss xxxxx managed to email Teletext on 23rd December 2016 with her concerns about the misrepresentation of the work issue at the hotel and beach, also that the hotel was dirty and lacking in the many facilities that were advertised to Miss xxxx on Teletext Holidays website. They replied on 23rd December 2016. Refer to Evidence 2

 

• On 25th December 2016 Miss xxxx added to her complaint she was forced to upgrade to all inclusive due to the hotels lack of equipment. The hotel refused to upgrade the party unless they paid an extra sum on money for the hotels Christmas Eve Gala. The upgrade sum was €315 and an added €175 for the gala. Miss xxxxx expressed her dissatisfaction as she knew her family would not eat from the menu. Refer to Evidence 3

 

• On 27th December 2016 Teletext Holidays replied to Miss xxxxx stating that in order for Teletext to deal with Miss xxxxxs concerns can she please send her complaint to a different email address and provide copies of additional costs. Refer to Evidence 4

 

• On the 31st December Miss xxxxx sent her formal complaint, claiming compensation to Teletext under the ‘Package Travel, Package Holiday and Package Tour regulations 1992’ and the ‘ABTA Code of Conduct’ for misrepresentation, this included 62 photos and videos consisting of the Teletext Holidays actual advertising of the hotel on their website detailing the facilities they deem this hotel to have and the proof required of the failings. The email was very detailed to the failings of the Travel company. Refer to Evidence 5.

 

• On 25th January 2017 Teletext Holidays replied. In the reply they did not address any issues Miss xxxxxx had put forth, even implying Miss xxxxx lied with regards to the work being done at the hotel. Teletext stated that they are booking agents only and the Package Travel, Package Holiday and Package Tour regulations 1992 and ABTA Code of Conduct does not apply to them but making an ex-gratia offer of £120.

 

• On 27th January 2017 Miss xxxx replied to Teletext expressing her disappointment to the response received, not accepting their offer and giving them a last chance to address all her issues. Refer to Evidence 7.

 

• On 8th February 2017 Teletext replied to Miss xxxxx stating that they have nothing further to add. Not addressing any issue apart from the work men at the hotel and offering £196.41 in compensation. Refer to Evidence 8

 

• 8th February 2017 Miss xxxxxx replied to Teletext refusing the compensation amount and stating she will be taking this matter to the courts.

 

• 9th February Miss xxxxx filed her claim.

 

3. The Claimant claims that the Defendants are in breach of The Package Travel Regulations 1992, under:

(a) Regulation 2 for deeming they are exempt from the regulation. Regulation 2(1) defines “package” (in part) in the following terms: “… the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price.

• transport

• accommodation

• other tourist services not necessary to transport or accommodation and accounting for a significant proportion of the package

Miss xxxxxxx states from the time of booking until the email stating exemption never did any representative explain to her that this was not a package holiday and the bookings are done separately. Miss xxxxx claims that until then she was always under the impression that Teletext Holidays were a travel provider on par with Thomson, Thomas Cook etc. Referring to the case Titshall v Qwerty Travel [2011] EWCA Civ 1569

 

(b) Regulation 4, states that no travel organisers can supply consumers with misleading information. Miss xxxxxx claims are based on Teletext Holidays website information. The Defendant has been informed of the misleading information but have failed to remove them, implying they are not concerned about the authenticity of the information they supply to consumers.

 

© Regulation 14, provides that where, after departure, a significant proportion of the services contracted for is not provided, or the organiser becomes aware that they will be unable to procure a significant proportion of them:

• the organiser must make suitable alternative arrangements, at no extra cost to you, for the continuation of the package and will, where appropriate, compensate you for the difference between the services to be supplied under the contract and those actually supplied

• if it is impossible to make arrangements, or these are rejected by you for good reason, the organiser will, where appropriate, provide you with equivalent transport back to the place of departure or to another place to which you have agreed and will, where appropriate, compensate you

 

Miss xxxxx contacted the Defendant at her earliest convenience but not once did they attempt to rectify the situation.

 

(d) Misrepresentation Act 1967, the Claiment entered into a contract with the Defendant and suffered a loss due to misrepresentations.

 

(e) The Claimant claims £2020 for the total holiday cost plus the losses incurred

 

 

4. Further the claimant is entitled to interest at the rate of 8% per annum on the sum of £0.45 from 23/12/16 until 09/02/17 being 48 days amounting to £21.60 and continuing at a daily rate of £0.45, alternative on the sums found to be due for such periods as the Court may think just pursuant to the County Court Act 1984 section 69.

 

Statement of Truth:

• The claimant believes that the facts stated in these particulars of claim are true

 

 

Full Name: xxxxxxxxxx

 

 

Signed:

[Ganymede]

The PoC is good and you have a claim but needs some tweaks.

 

You should take out all reference to settlement offers made by the other side to start.

 

There's also a few concerns about mitigation generally. Did you really need to upgrade to all inclusive? You were only B&B originally.

 

You also probably won't get the full value of the holiday back as you did get something out of it. Definitely worth trying to start with though.

[taz_in_2001]

The PoC is good and you have a claim but needs some tweaks.

 

You should take out all reference to settlement offers made by the other side to start.

 

There's also a few concerns about mitigation generally. Did you really need to upgrade to all inclusive? You were only B&B originally.

 

You also probably won't get the full value of the holiday back as you did get something out of it. Definitely worth trying to start with though.

 

Yes I did need to upgrade. The hotel didnt do self catering so the lowest form was b&b. I had budgeted to cook in the kitchen for dinner and tea and took enough money to cover these expenses with a little extra so the kids could go to the zoo.

 

I take them to Fuerteventura for xmas every year, they give up a few presents in order to have a holiday and I save all year for it.

 

We literally had a stove top but nothing to cook on it with apart from a frying pan, no spatula, bowls anything like that. No kettle, no toaster, no grill nothing. We didn't even have any prep knives or knives to eat with, I couldn't afford to eat out for dinner and tea at restaurant prices so my only alternative was to upgrade. It worked out alot cheaper than eating out at €18 each adult and €9 a child but what I wasn't counting on was the extra €175 I had to pay for the xmas meal. Well I wasn't counting on having to pay to eat at all, I was going to the supermarket and purchasing ingredients like I usually do when we are away.

 

I would be happy with the hotel price back and the cost of the extra money I had to fork out if im honest

[taz_in_2001]

Teletext have said they intend to defend their claim on the money claim site although I haven't received any sort of defense as of yet.

However, they did email me and told me they would rather settle out of court and have offered me £1055. Breaking it down as: £450 to cover the upgrade, £500 goodwill and a payment of £105 to cover my court fees.

 

I received this email on Monday offering me this, I then received another email off them this morning stating exactly the same and a phone call this afternoon. They seem quite pushy in getting a response from me.

 

Would it be worth pursuing this or just to accept their offer?, I don't mind doing either to be honest, I just find it odd their offering me so much yet intend to defend

[Ganymede]

Teletext have said they intend to defend their claim on the money claim site although I haven't received any sort of defense as of yet.

However, they did email me and told me they would rather settle out of court and have offered me £1055. Breaking it down as: £450 to cover the upgrade, £500 goodwill and a payment of £105 to cover my court fees.

 

I received this email on Monday offering me this, I then received another email off them this morning stating exactly the same and a phone call this afternoon. They seem quite pushy in getting a response from me.

 

Would it be worth pursuing this or just to accept their offer?, I don't mind doing either to be honest, I just find it odd their offering me so much yet intend to defend

 

 

They have to tick they intend to defend all, it's standard procedure.

 

It doesn't mean that they can't also negotiate a settlement at the same time.

[renegadeimp]

Theyre offering to settle out of court and give you a 500% increase on compensation because they know theyre going to lose. It's why theyre being very pushy. Theyre eager for you to settle as they could be made to pay out more in fee's etc in court, plus come under the scruitiny of the regulators and national press. WHich would cost them much more money in the long run

[taz_in_2001]

Theyre offering to settle out of court and give you a 500% increase on compensation because they know theyre going to lose. It's why theyre being very pushy. Theyre eager for you to settle as they could be made to pay out more in fee's etc in court, plus come under the scruitiny of the regulators and national press. WHich would cost them much more money in the long run

 

In your opinion do you think it would be worth me continuing with the case then, if I did would the judgement if I won help others not have this happen to them?

[renegadeimp]

It's entirely up to you. Theyve offered 500% increase of settlement. Why not see if theyll go to more. They wont go to max without you winning court, but they may go to 1500 or similar. All we can do is advise. You have to decide if the risk is worth the reward.

 

be wary if their offers are marked without prejudice too.

[taz_in_2001]

It's entirely up to you. Theyve offered 500% increase of settlement. Why not see if theyll go to more. They wont go to max without you winning court, but they may go to 1500 or similar. All we can do is advise. You have to decide if the risk is worth the reward.

 

be wary if their offers are marked without prejudice too.

 

Their wording is:

 

When assessing our clients claims for compensation, all factors that make up a holiday, booked through several different principles, have to be taken into consideration. Your reservation was made up of flights and accommodation booked through two different suppliers independently of each other. The basis of your complaint is with the accommodation for which you paid £1192.00.

 

We note your claim is for £2020 which is £442 more than you paid for the whole trip including the flights which were booked and supplied for by a different supplier and with which you have not previously raised a complaint. We would obviously prefer to settle such matter amicably and without the need to go through the small claims court system and to this end, we have taken this opportunity to review your file once more, taking your particulars of claim into consideration.

 

As previously explained we act as a retailer and all correspondence which you sent to us was forwarded to the accommodation supplier whose responses we have forwarded to you accordingly and we believe we have addressed your concerns in a fair and reasonable manner. We fully appreciate, however, your reluctance to accept previous offers made and we have taken this opportunity to review your file in a conciliatory manner and to contact the accommodation supplier again for their further comments.

 

We would like to explain that your stay at the accommodation is not totally without worth or value since you did actually stay there and made use of the facilities and amenities, for the entire duration of your stay there, albeit at an additional cost of €490.00 for the upgrade to an all-inclusive board basis. Therefore a full refund of the accommodation element of your holiday would not be applicable on this occasion. We would like to explain that the booking made through Teletext Holidays was for accommodation on a Bed and Breakfast basis and any additional costs incurred for a different board basis would have been incurred of your own volition.

 

The accommodation supplier Jumbo Tours has now offered an ex-gratia payment for the total sum of £950.00. This is to reimburse the costs incurred for the upgrade to the all-inclusive program and the gala dinner being £450.00 and an additional gesture of goodwill payment of £500.00.

 

In addition to this, we would like to offer an ex-gratia payment of £105.00 to cover the court fee of £105.00 which you have had to pay as a gesture of our goodwill. Therefore, this , in addition to the £950 makes the total offer £1055.00

 

 

This is what they wrote, they have basically taken yet again none of my issues into consideration and are completely ignoring the fact that regardless of whether they were booked separately by them they are in fact deemed as a package.

 

They are saying ex-gratia and gesture of goodwill nothing stating without prejuidice

[BazzaS]

 

be wary if their offers are marked without prejudice too.

 

Why "be wary"?? It would be a pretty standard term to include.

 

"Without prejudice" is meaningless unless it is in fact "without prejudice save as to costs", which is what a court would likely decide had been meant .......

 

Even "without prejudice, save as to costs" won't make much difference here : as this is small claims track territory.

 

All it would mean is that their offer was an offer to settle (without admitting liability such that the OP could use the offer as proof the case should be found in their favour).

 

So, why "be wary"?