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Budgie V First Choice

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  • Budgie V First Choice

    OK, here's the preliminary letter that was sent to First Choice on 6th October.

    Re : Holiday Booking Reference xxxxxxxxxxxxxxxx


    We write regarding a holiday we booked online with First Choice Holidays on xx/xx/xxxx under the above booking reference. We understand you will be able to access details of this holiday from the booking reference provided.

    We were very much in need of this holiday break and were eagerly looking forward to it. We were extremely dissatisfied with many aspects of the holiday and seek financial compensation in respect of our complaints.

    Please note that we do not wish to commence a prolonged debate regarding these complaints. We have itemised matters below and conclude with a statement regarding the level of compensation we require in order to prevent further action.

    Failure to provide the requested compensation within the period of time specified below will result in this matter being passed into the total care of our Solicitors who will seek a solution to this matter, through the courts if necessary.


    1) Flight Check-In and boarding. Despite booking Premier Service we were not allocated seats next to each other. We were in-fact seated behind each other. We were therefore not seated together as we had been advised would be the case by a Member of First Choice staff in a telephone conversation a few days before the start of our holiday.

    1.1 Once seated we were eventually offered a small glass of warm, flat fizzy wine and not a sparkling cocktail as per the Premier Service description.

    2) Departure. The flight was due to depart from London Gatwick on 1st July at 18.15 hours but departed approximately 15 minutes late.

    2.1 Shortly after take off it became obvious that we were circling rather than proceeding on the expected route. Finally, after half an hour of wondering we were notified by the Captain that the aircraft had developed a technical problem and that we would be returning to Gatwick. The Captain also advised that the ground crew would check the problem once we had landed to see if they could get us away on our holiday again. The Captain explained that prior to landing he needed to dump fuel over the English Channel which would take about 2.5 hrs. We were told to remain in our seats with seat belts on. We landed back at Gatwick approx 3 hours later. The only refreshment provided during this period was a small cup of water.

    2.2 The Captain announced, after landing, that we might not be able to resume our holiday until the following day. He advised that we would be disembarking the plane, would be escorted to a large lounge area and would be briefed by a First Choice representative. Owing to the nature of our return to Gatwick the plane had not been permitted to dock at a gate. We were told to exit the plane via steps and were advised that we would be taken by bus back to the Terminal. We felt we were not escorted safely from the plane to the buses as there were no ground staff positioned between the plane and the buses which we have since been advised should be the case in these situations.


    3) Delay. Once back in the Terminal we were not met by a First Choice Representative, nor were we escorted to a large lounge area as we had been informed by the Captain would be the case.

    3.1 As we entered the terminal building we spotted a lady trying to hand out yellow transit passenger labels and obtained one of these labels each. We were then herded, like sheep, by an Employee of Virgin, through the airport terminal and after an incredibly long walk through Immigration arrived at baggage reclaim. Bear in mind that at this point we had no idea what was happening and had been expecting to be escorted to a lounge area where matters would be explained to us by a First Choice Representative.

    3.2 We had an incredibly long wait at baggage reclaim for our suitcases, during this period we were handed a photocopied letter advising us that we would not be resuming our holiday flight until the following day and would be staying in an airport hotel (in our case, Gatwick Hilton ) overnight. The First Choice employee, who only made himself known to us upon questioning, was incredibly unhelpful and refused to provide us with contact names or telephone numbers for a First Choice Manager to whom we could direct our complaints. Basically, nothing was properly explained and we were just expected to accept that we were not going on holiday and had to stay at Gatwick. In fact we and other passengers were left to help and try to explain what little we knew to other confused passengers.

    3.3. Eventually, after collecting our baggage, we were subjected to a further two incredibly long walks broken with a shuttle journey, through the airport terminals to the hotel escorted by a member of Swissport staff who actually left us alone before reaching the hotel. We eventually worked out how to check in at the Hotel and were provided with a meal at 23:30. During the meal we were advised by Swissport staff that the take-off slot, planned for the following day at 14:15, was not definite and should the new plane arrive late or the re-stocking / refuelling of the plane not happen in time then there might be a further delay. We were therefore left worrying overnight that we might not actually depart on our holiday as had been indicated. We had only booked a weeks holiday so the over-riding thoughts for us, through the night, were whether we would actually depart on our holiday at all and whether it was actually worth going anyway.

    4) Gatwick Hotel Problems. We were allocated a room in the bowels of the hotel – another long walk which was certainly not appreciated after our trek through the airport and so late at night.

    4.1 The accommodation was not satisfactory as the shower was lukewarm, with low pressure and the hairdryer only blew cold air. The floor from the bedroom to the hallway/bathroom had a small step down which was not noticeable so we kept stubbing our toes on it. All this added to our stress and tension.

    5) Departure.

    5.1 After a fairly sleepless night, we were advised at breakfast that we had to check in at 11:00. This again meant that we did not receive the privileges of the Premier Service we had paid for which allowed us a 90 min check-in prior to departure. We had to ‘mooch’ about the airport for a further 3 hours.

    5.2 Once on board we were told to occupy the same seats as we had been allocated the previous day, i.e. we were still not seated together, something we had paid for through the Premier Service.

    5.3 The rescheduled flight was actually about 30 minutes late in departing.

    6) Flight.

    6.1 The cabin crew announced that as a compensation for the flight delay standard passengers were being upgraded, free of charge, to the entertainment package normally only provided free to Premier Service passengers. No compensatory service was provided or offered to Premier Service passengers. In fact when asking for a tiny packet of peanuts as opposed to spicy rice crackers supplied with our drink, we were informed that we would have to pay for these.

    6.2 There was no issued meal menu or drinks list; in fact the cabin staff passed through the plane offering a verbal menu which varied in it’s completeness from one passenger to the next.

    6.3 Ice for drinks ran out less than half way through the flight with the cabin crew blaming the Standard Service passengers.

    6.4 There were problems with lighting in the Premier service cabin meaning that it was virtually impossible to sleep during the flight and therefore the ‘mood lighting’ included in the Premier Service package was not available.

    6.5 The toilets were disgusting, smelly and messy and were not once tidied during the flight.

    7) Arrival. Once we landed in Columbo we were faced with a huge delay at Immigration which then led to a further lengthy wait ( for remaining passengers ) once we had passed through. As we had already lost a day of our holiday we decided that in order to try and make the most of the shortened holiday it would be sensible to take a taxi to our hotel rather than waiting indefinitely at the airport.

    8) Hotel. The first room we were allocated at our hotel had faulty air conditioning. We had paid extra for this so we complained. Despite promises of someone coming to sort the problem no-one ever came. We eventually asked to be moved to another room so that we could un-pack and try to start our long awaited holiday.

    9) On-going Stresses. Throughout our stay in the hotel we were continually harassed by the First Choice representative during his visits to the hotel; trying to persuade us to book trips and tours and up-grade to Premier Service, despite us telling him repeatedly that we already had paid for this service and that we weren’t interested in over-priced tours.

    9.1 The hotel staff were slow to respond to or provided no response at all to any service requests we raised during our stay. For example it took two days to sort out a problem with mattresses, which were causing further sleepless nights.

    9.2 We were left without hot water for two days owing to a problem with solar panel heating. We were repeatedly told someone would fix it but were never offered an alternative solution during the two days.

    9.3 Throughout our stay we were continually reminded and questioned about the delayed start to our holiday, by other guests, hotel staff and even the local beach sellers. We were therefore never properly able to switch off, relax and enjoy our already shortened holiday and were provided with continual reminders of our need to arrange compensation when we returned home.

    9.4 During the morning of our last day in Sri Lanka the First Choice Rep provided us with a copy of a letter for insurance purposes. The letter implies that we should seek compensation for our disastrous holiday from our own insurance company. However the letter contained incorrect information and further added to our concerns that no proper attention had been paid to the delay and problems we had experienced. This greatly angered us and so totally ruined our last day.

    10) Return Flight. The flight home was also disrupted and unsatisfactory.

    10.1 There was again no 90 minute check in service for Premier Service passengers as paid for and expected.

    10.2 We were subjected to a three hour minimum check in as per Columbo Airport regulations – this had not been previously advised.

    10.3 The flight was again late in departing owing, as we were eventually informed, to a malfunctioning door. No announcements were made onboard the flight explaining the delay. When we politely asked the cabin crew for information they responded curtly and appeared incredulous that we should be asking even though we were already 30 mins past our scheduled departure time. They only provided an answer when we explained we had come in on the delayed flight and were worried this might end up as a repeat performance.

    10.4 No sparkling cocktail on departure, again, just slightly fizzy wine.

    10.5 The duty free trolley service was out of stock of the items that we wished to purchase.

    10.6 The entertainment system was (without warning) taken off air over 30 minutes before arrival, therefore resulting in us missing the last 10mins of a movie.

    11) Premier Service. This service provided luggage labels stating “Last on / First off”. However this was certainly not the case. We received one bag ten minutes after the conveyer belt started and our other bag 40 minutes later ( both bags were fitted with Premier service baggage labels ) and was one of the last bags on the conveyor belt. We were amongst the last passengers, from our flight, to exit the baggage area and noticed we weren’t the only Premier Service customers picking up their bags from the conveyer.

    In summary, we are extremely disappointed in the exceptionally poor service, provided by First Choice holidays.

    We require and expect to receive immediate financial compensation in respect of these matters.

    The compensation we require is for; the loss of one day of our holiday, the virtually non-existent Premier Service, poor hotel accommodation, generally poor service level, wasted costs that we incurred and most importantly, for the stress, worry and extreme upset caused to us as a result.

    We require that you refund in full the amount actually paid to First Choice, namely £xxxx and expect to receive this amount from you within 14 days from the date of this letter.

  • #2
    Re: Budgie V First Choice

    I received a response from First Choice dated 4th November.

    This stated " Without prejudice" that I should have notified them within 35 days of returning from the holiday about the complaints and states that because of that fact they are unable to answer my concerns.

    It sort of implies that I had to complain within 35 days otherwise I couldn't complain.

    Total and utter BS

    This is a tactic by First Choice an I believe it is common throughout the holiday industry. It tries to trick people into thinking that they have no right to claim.

    First choice have been caught out by the OFT on this subject before :-

    First Choice Terms and Conditions :

    13. If you have a complaint

    If you have a complaint about your arrangements whilst away, you must immediately notify the supplier of the service in question locally. If they are unable to resolve the problem immediately, and a member of our staff is not available, you should contact us straight away by telephone/fax/email and we will endeavour to assist. If you are still not satisfied on your return home, you must write to our Customer Services at the address given in our A-Z Guide, within 28 days of returning from your holiday to allow your complaint to be investigated properly. Please write your holiday reference number on your letter, and include your daytime and evening telephone numbers. If you do not give us the opportunity to resolve any problem locally by reporting it to the supplier, or calling and informing us, then we may not be able to deal positively with any complaint on your return.

    OFT Report

    ORIGINAL TERM Your security: if you have a complaint

    Application of regulations/Enforcer view
    1(b) Exclusion/restriction of liability for breaches of cont :
    1(b) limited liability for complaints received more than a stipulated period after the consumer's return from holiday.

    How Changed
    Revised to allow for the consumer to pursue a claim after the stipulated period.

    Up yours First Choice !!


    LBA is being worked on as I post and will be sent off tomorrow.

    Don't mess with Budgie !!!!

    Comment


    • #3
      Re: Budgie V First Choice

      LBA sent today.

      Will post details later

      Comment


      • #4
        Re: Budgie V First Choice

        they wont know whats hit them.

        By the way would sri lanka have been enjoyable if not for the above?
        "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

        "Always reach for the moon, if you miss you'll end up among the stars"


        Comment


        • #5
          Re: Budgie V First Choice

          Hi Bud



          Gordon Bennett ! what a bloody feast of disastrious bungles Bud.. no wonder you had a cr*p time!!! bet you feel you need a PROPER holiday after that fiasco. Cant believeve they made so many mistakes, and to think you actually paid for that. The mind boggles.

          You just do not expect to receive poor service from a 'supposedly' professional company like them. The cost of holidays these days are not cheap, and you expect to have at the very least a decent service from a renowned holiday company. Three words sums them up -Bunch of cowboys!

          I hope you get the compensation you deserve Bud - good luck :tinysmile_grin_t:




          bfxx



          Member of the Beagles £2 coin and small change savers clubs, both based in the Debt Forum

          Comment


          • #6
            Re: Budgie V First Choice

            This will be one to watch - they do not know who they are messing with IMHO.

            There was a case over on CCS where Zubo had a very long drawn out saga and eventually won after loads of perseverence. Not sure if it was an airline or a travel company but they aint easy.

            Good Luck although I am sure you will not need it.

            xx

            Comment


            • #7
              Re: Budgie V First Choice

              Managing Director
              FIRST CHOICE HOLIDAYS
              First Choice House,
              Peel Cross Road,
              Salford
              Manchester M5 2AN

              xx/xx/xxxx
              Dear Sirs

              Re : Holiday Booking Reference xxxxxxxxxx – Your new Ref xxxxxxx


              Further to our letter dated xx/xx/xxxx, we confirm receipt of your ‘Without Prejudice’ letter dated xx/xx/xxxx and have noted your comments.

              We would actually like to point out that whilst the ‘How do I make a complaint’ section of your website makes reference to a period of 35 days as follows;

              “……………, you must notify us of your claim within 35 days of your return from holiday.”

              However, the First Choice Holidays Terms and Conditions make reference to a period of just 28 days ;

              First Choice Terms and Conditions

              13. If you have a complaint


              ............. If you are still not satisfied on your return home, you must write to our Customer Services at the address given in our A-Z Guide, within 28 days of returning from your holiday to allow your complaint to be investigated properly.

              We are disappointed that you have elected to adopt this attitude to our claim. We believe this to be a term which the Office of Fair Trading have actually had cause to correct First Choice Holidays upon in the past following investigations in 2002 and as detailed in various newspaper reports from that period.;

              OFT Report
              ORIGINAL TERM Your security: if you have a complaint
              Application of regulations/Enforcer view
              1(b) limited liability for complaints received more than a stipulated period after the consumer's return from holiday.
              How Changed
              Revised to allow for the consumer to pursue a claim after the stipulated period.


              In our preliminary letter dated 6th October we stated that we would allow you 14 days within which to respond to our request for financial compensation in respect of our ruined holiday with First Choice Holidays. You have failed to provide the requested financial compensation or respond in any way other than to attempt to mislead us into believing that we have no right of complaint due to time limitation reasons.

              We hereby allow you a further 14 days within which to reflect upon this situation and make the refund requested in our preliminary letter of £xxxx. Failure to do so within the requested time frame will leave us no alternative other than to commence legal proceedings.

              Yours faithfully

              xxxxxxxxxxxxxxx


              Comment


              • #8
                Re: Budgie V First Choice

                That reminds me I got a claim against an airline for late baggage which resulted me having to get a taxi £71 from Birmingham to home, due to the fact car keys were in the bag.

                Then had to get the train back to get my car the next day.

                The 35 days was something that flybe use also. I phoned up and they tried to say the timescale had passed so I might not get a refund from the airline. I told them I would file at court if they attempted to pull this one on me and would enjoy the experience also.

                I just need to start this claim when I get 5.

                PS Budgie sorry not emailed you yet, but had malware probs for a few days from facebook. I will be in touch.

                Tanz

                Comment


                • #9
                  Re: Budgie V First Choice

                  For ref :

                  BBC NEWS Wednesday, 2 October, 2002, 10:25 GMT 11:25 UK Holidaymakers get fairer contract terms

                  Three of the UK's biggest tour operators have agreed to change their contract terms so they are fairer to consumers, the trading watchdog has announced.

                  " The OFT is still working with a number of other operators to change their terms "
                  John Vickers, Office of Fair Trading

                  The Office of Fair Trading said that MyTravel (Airtours holidays), Thomson, and First Choice had agreed to amend terms that were in conflict with the package travel regulations.
                  The companies have now agreed to revise a range of terms relating to surcharging, cancellation rights and compensation, an OFT statement added.
                  The changes will appear in the next reprints of their brochures.
                  In the meantime, the companies will not be allowed to enforce any of the disputed terms within their existing contracts, a curb seen as good news for holidaymakers.
                  Surcharging
                  John Vickers, director general of Fair Trading, said: "Holidaymakers with Airtours, Thomson and First Choice now have greater peace of mind that they will get fair treatment.
                  "I welcome this move. The OFT is still working with a number of other operators to change their terms."
                  The changes are far reaching.
                  The OFT said Airtours had agreed to end surcharging on all holidays.
                  Thomson and First Choice, however, have decided not to end surcharging.
                  Instead, they have agreed to pass on reductions to consumers if the cost of the holiday falls by more than 2%.
                  Compensation
                  Consumers will be compensated for greater amounts if they have suffered any loss, as a result of significant changes being made to a holiday, before it has started, the OFT said.


                  " Until now, booking conditions have been loaded against the consumer "
                  Patricia Yates, Holiday Which?

                  They must also offer compensation to consumers if there has been a significant change to the brochure's description of the facilities.
                  And tour operators will no longer be able to insert a clause in their contracts excluding liability for facilities that are unavailable out of season.
                  Longer to complain
                  Tour operators will no longer be able to deny liability for complaints received more than 28 days after the holiday has ended.
                  In addition, the OFT said tour operators will no longer be able to limit liability for lost or damage baggage to £400 a person within their contract terms.
                  The move was welcomed Patricia Yates, editor of Holiday Which?.
                  Ms Yates said: "Until now, booking conditions have been loaded against the consumer and Holiday Which? has raised that fact both to the holiday trade and to consumers.
                  "It has taken a long time and a lot of pressure to secure the changes and, hopefully, other operators will now follow suit."

                  Comment

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