Our Response - Keeping up the Pressure!

Hi Everyone!

Thanks for your responses to our last post. If they offer us £500 we will of course be telling them to stick it where the sun don't shine too!

In the meantime, Gail very helpfully suggested contacting ABTA. I did a bit of delving around and found ABTA's code of conduct on the net. If you want to read this delightful document yourself it can be found at: http://www.abta.com/articlesandcode.shtml

It may be that if we're not satisfied with Thomsons' offer we should seek to involve ABTA, as they run an arbitration service for disputes like ours. If we are to do this we mustn't leave it too long however as arbitration applications must be put in no later than nine months post holiday departure date.

Whilst we await some kind of substantive response to our initial letter, I've sent the following to keep the pressure up...

Dear Sir

Re: Huduranfushi Island Resort

Thank you for your letter acknowledging receipt of our complaint regarding conditions at this resort. We note that you did manage to achieve this within the timescale set out in the communication guidelines of the ABTA Code of Conduct. We hope that you will also be able to provide “a detailed reply, or a reply containing a detailed explanation for any delay (no)…later than 28 days from the date of receipt” of our initial letter, as the Code of Conduct requires.

As you are considering your response, which I hope will be honest, accurate and offer compensation commensurate with the disappointment and distress caused by your misrepresentation of this resort, let me draw your attention to several other clauses contained in the Code of Conduct which are of relevance:

Clause 1A: The ABTA member is required to “make every effort to ensure that accurate information is provided to enable Clients to exercise an informed judgement in making their choice of Travel Arrangements.” The guidance accompanying the code of conduct helpfully goes on to say that “the first point of contact between you and your client is likely to be your advertising. Difficulties with clients later on can often be traced back to problems with advertising… You should have processes in place to ensure that any brochure descriptions given are accurate and up to date.” Clearly this must be an area of concern for you as your brochure and website descriptions were woefully inaccurate. Clause 1D also points out that the ABTA member must “ensure that no Advertising or Promotion or any other publication, whether in writing or otherwise, shall contain anything that is likely to mislead the public.”

I should also like to draw to your attention Clause 2I which states that the ABTA member must “ensure that all prospective Clients are alerted to any building works which may reasonably be considered to seriously impair the enjoyment of Travel Arrangements and provide them with accurate information about the extent of the building works.” The phone call we received from you just prior to our departure was obviously your attempt to comply with this condition. Unfortunately, the caller did not state that there were works under way which might seriously impair our enjoyment, nor did she provide accurate information about conditions at the resort. The guidance notes are helpful once again in this regard stating that “you should ensure that you have systems in place to find out about building works….For principals it’ll mean having adequate processes in place to ensure that you’re notified by the properties or by your resort staff of any building works that are being carried out and their likely impact on your clients’ holidays.” Thus, it was your responsibility both to find out the relevant and accurate information, and communicate it to us truthfully and openly so that we would have been able to decide whether or not to continue with the booking. This you signally failed to do.

I look forward to receiving your response shortly.

Yours

David Corby

Jessica Corby

So, we'll see what they have to say!

Keep smiling through......