When ants, noise and no view are better than bunk beds
INFORMATION DESK: YOUR QUESTIONS ANSWERED BY OUR PANEL OF TRAVEL EXPERTS
Sunday 29 November 1998
On arrival, we found that the room in fact contained bunk beds suitable only for small children. There was no room for two beds side by side. We complained immediately but the rep just told us we should have specified what we didn't want. A few days later, we were offered another apartment, but it had no view and was on a noisy crossroads. It was also infested with ants. All in all, our annual holiday was ruined. What can we do?
Trevor Sears, a lawyer specialising in travel problems, replies: I am not sure which is worse: having nowhere to get a proper night's sleep or having to share your holiday apartment with thousands of ants. I gather you arranged your flights separately from the accommodation and I am assuming you arranged the accommodation in a telephone conversation with the company handling the apartments in this country. To enable you to claim the benefit of The Package Travel, Package Holidays and Package Tours Regulations 1992, which would give you extensive protection, you would probably have had to book your flights through the company also and because you did not, this will not count as a "package holiday" within the Regulations.
But aAll is not lost, because it is going to come down to what you were told when making the booking, and common sense dictates that you would not have even contemplated going if you had known about the children's bunk beds. You rightly complained as soon as you arrived and I can understand that you had no alternative but to accept the other apartment offered.
On the facts of what you have told me, I would think that you could make a claim against the company booking your apartment, for damages for misrepresentation. This would compensate you for having been provided with something wholly inferior to what you had booked and paid for.
This sort of complaint cries out for an amicable settlement, which a helpful rep should have sorted out. I am assuming that when the booking was made, no conditions of contract were referred to which might enable the booking company to avoid liability. If you get no joy by writing to the company, then tell them you are going to take proceedings in your local small claims court. It should be worth a consolation dinner for the four of you, at least.
Trevor Sears is a partner of Kingsford Stacey Blackwell, 14 Old Square, Lincoln's Inn, London WC2A 3UB (tel: 0171-447 1200, e-mail: tsearsatkingsfords.co.uk).
The Independent travel offers: Discover a world of inspiring destinations
- 2 Maisie Williams has an excellent message for one confused fan
- 3 There is something wrong but very right about this Bible illustration
- 5 Tampon tax scrapped in Canada after petition convinces conservative government
Atlanta travel tips: Where to go and what to see in 48 hours
Inside Travel: Greece 2015 Q&A - should we cancel our Greek holiday? Are our flights safe? And what will we be spending there?
Top 10 zoos in Europe, according to TripAdvisor
The most powerful passports in the world
The 10 Best lightweight luggage
EU referendum: David Cameron's rules are a 'democratic disgrace', says French-born Scottish politician set to be denied a vote
British tourists complain that impoverished boat migrants are making holidays 'awkward' in Kos
A nation of inequality: How the UK is failing to feed its most vulnerable people
Australian man punched in the face for defending Muslim women from abuse on train
David Starkey 'tells Amal Clooney to shut up and stop over-promoting human rights'
EU referendum: David Cameron to deny EU migrants and under-18s the chance to vote
£15000 - £20000 per annum: Recruitment Genius: The fastest growing fitness cha...
£35-40k (DOE) + Benefits: Guru Careers: We are seeking a Marketing Communicati...
£23K: Guru Careers: We're seeking an experienced Membership Administrator, to ...
£32K: Guru Careers: We are seeking a Dining Room Head Chef to work for one of ...