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Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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How do I go about suing a travel agent following a missold

Customer Question

How do I go about suing a travel agent following a missold holiday
Submitted: 4 years ago.
Category: Law
Expert:  Jenny replied 4 years ago.
Hello and welcome to Just Answer, can you please explain your situation in more detail?
Customer: replied 4 years ago.
Looked online for a holiday and found one through a company, rang the company a person "Ben " told us he had a better deal at a hotel he had stayed at in benidorm. I told him I needed child friendly and that I an pregnant and also wanted all inclusive for myself my 10 year old son my mom and dad. He Said yes to all the above. The price then kept going up for add ins but we booked and paid. Then the next day we also booked my aunt into a room next to ours.
On arrival the transfer coat we had paid for was a hour late then dropped us at the bottom of a hill because it didn't go to the hotel we were in. The room we were given was a twin sized room that had 4 beds squeezed into it and you could just squeeze between the beds. This was on the Monday. We rang the help line on the Tuesday and they did not want to know eventually they moved us to a slightly bigger room on the Thursday. ( after being told all rooms were the same size ). The all inclusive wasn't. There was nothing during the day. The drinks were restricted to a local lager or coke. No snacks at all. Nothing for children ( bingo for the elderly Spanish people staying there. And opposite the hotel is a shop selling drugs. The hotel was in the local red light district. After having a nightmare 6 days we tried to find out where we were to be picked up by the transfer coach and was told that we had to wait where they had dropped us off. We got there half an hour early and then the coach drove straight past us. I then rang the help line in the uk to be told first we were not there and then we were given 2 choices either get taxis or wait until later and the girl said you can wait but if you do you will miss your flight and that's not my problem.
Expert:  Jenny replied 4 years ago.
Ok thanks what steps, if any, have you taken since returning to the UK?
Customer: replied 4 years ago.
We only got back last night and you are the first person we have contacted to see what we can do.
Expert:  Jenny replied 4 years ago.
Ok the first thing you should do is call them and ask them for a copy of their formal complaints procedure.

You should then follow that procedure and write to them stating that the holiday was misrepresented and they were in breach of contract for failing to supply the holiday that was sold to you over the phone. You should set out all of the differences.

You should ask them to refund the full cost of the holiday and state that you will take them to court under the Sale of Goods and Services Act if they fail to refund you. I would give them 14 days to respond.

It may also help if you threaten to contact their trade association which is probably either ATOL or ABTA, you can also report them to trading standards and get a reference number.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give positive feedback. ;Thank you and all the best.