Hays Don't Get Done Get Dom


Hays

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Transcript


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I've been battling for consumer rights for years but some companies are still not getting the message.

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As long as the cash register goes ching-ching, that's all they care about.

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Day in, day out, thousands of you are still being taken for a ride and it's all the usual suspects.

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Shoddy products, hidden small print and bad customer service.

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Companies are in trouble at the moment.

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The only way that they're going to stay afloat is because of us.

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Some firms are driving you barmy, causing you sleepless nights

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and can make you feel like you're the ones to blame.

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But don't despair.

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I'll take on your consumer battles to make sure that you don't get done.

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And coming up on today's show...

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Holiday's can be heaven but not when you're in a holiday from hell

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and your travel agent leaves you high and dry.

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Within the first half an hour of us being there I said, "We can't stay here."

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How an industry insider's cautionary tales can help you beat dodgy salesmen.

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They have paid £4,500 to have replacement windows and doors.

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The homeowner never, ever saw that person again.

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And my team hits the streets to find out if you know what's what

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when it comes to your consumer rights.

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I still got one wrong.

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And now I'm a little wiser.

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You know, there's nothing us Brits love more

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than jetting off on our annual holidays for a few weeks in the sun.

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That's it. All packed.

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And, for many people, booking through a travel agent gives them

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peace of mind when travelling abroad.

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It's a one-stop shop, you know, no hassles, no worries.

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-PHONE RINGS

-Oh, hang on a sec.

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Hello? Yeah, all ready, all excited.

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What do you mean it's been overbooked? Behave yourself!

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But overbooking can be the very thing that turns your dream holiday

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into a living nightmare, as the Gerrard family know only too well.

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Meet Gary and his girlfriend Tracy from Essex.

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In the summer of 2011 Tracy was keen that she and Gary and her whole family,

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all four generations of them, should go on holiday together.

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We were looking at it as it was going to be my nan's last holiday.

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She is riddled with arthritis.

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There's not many opportunities that we can all get together and take her away.

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Firefighter Gary and Tracy, who's a nurse, knew the holiday would take

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some serious planning to make sure the hotel catered for their needs,

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as her father was recovering from a knee operation

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and her 91-year-old nan was in a wheelchair.

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They wanted to book it through a trusted travel agent

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and they knew just the place to go.

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We decided to go with Hays because we've booked holidays with them before.

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It just seems that they've always been the ones

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out of all the companies that would give us what we needed

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and there's never been any hassles with it ever before.

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Hays Travel came up trumps, they organised everything

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and found a hotel in Turkey that was perfect

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for the whole family's needs for an all-inclusive price of £3,700.

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But they got more than they bargained for when,

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the day before the family was due to fly out,

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there was a message from Hays to ring them urgently.

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PHONE RINGS

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My heart sank.

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I rang them straight away.

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I spoke to a lady there that said that our hotel had been overbooked.

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And that we had the option to go somewhere else.

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Unbelievable.

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After all the painstaking preparation Hays was suddenly

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putting them in the impossible situation of having to choose

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a completely new unknown hotel with goodness knows what facilities.

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But with only hours to go they felt they had no choice

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but to accept one of the hotels Hays had offered.

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We kind of thought, well, they've let us down.

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-But we've got something.

-We've got something.

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And something is always better than nothing, isn't it?

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We got to the hotel. Got to the reception. Handed over our paperwork.

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-And they didn't have a clue who we was.

-They didn't have a clue.

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When they did finally give us the keys it was to the basement

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and it was like a spiral marble staircase

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and they expected us and nan, in a wheelchair...

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-To carry her down.

-To carry her down those stairs.

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I phoned Hays and said, "We can't stay here."

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Crikey. What a nightmare.

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And that was just the welcome.

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Although Nan was moved to a ground-floor room,

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all the hotel's facilities were reachable only by stairs.

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There was no lift and no disabled access for a 91-year-old woman

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in a wheelchair.

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The only way of getting her from A to B

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was by me and your dad physically carrying her.

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Gordon Bennett, this was clearly a holiday from hell

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in a hotel that was completely unsuitable for the family's needs.

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And, to add insult to injury, when they got home, Hays Travel denied all responsibility.

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Tracy and Gary didn't get what they paid for, didn't get what they wanted,

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so I've come to Essex to find out what went wrong.

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Yalikavak is the place that you thought you were going to

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and you ended up in Gumbet.

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How do the two compare?

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-Yalikavak is really quiet. It's like flat terrain.

-Yeah.

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It's just tranquil. And Gumbet is like 18-30s.

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You've got, like, old banana boats and it's just mayhem on the beach.

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Right.

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So we can safely say at this point the hotel that they put you in

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at the last minute was absolutely, totally useless to your needs?

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-Yeah.

-Oh, nowhere near.

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It wasn't anywhere near the beach, it was on a hill, it had steps.

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Your poor old nan had to be carted around and lifted on stairs?

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-No lift even.

-She didn't even go, she didn't go in the water once.

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No, in 12 days, she didn't once go in the water.

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Which was one of our main things we wanted. We wanted Nan to go away.

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She is riddled with arthritis. She is in a lot of pain.

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To be weightless in water, pain-free, in a swimming pool.

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If not in a swimming pool, in a beach that was attached to the hotel that we booked.

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And Tracey's 91-year-old nan wasn't the only one to suffer.

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Her mum and dad's memories have also left a bitter taste.

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I shall put this right at the top of the list as a holiday from hell.

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They booked the whole holiday around my mother-in-law and myself really

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because of the accesses for disabled people.

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It was flat and even, no hills, whereas where we ended up

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-it was the total opposite.

-And we were totally gobsmacked.

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I felt like getting back on the plane, personally.

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And I wouldn't have blamed you!

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But if they hadn't accepted one of the hotels Hays had offered,

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they would have been left high and dry.

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The option was, you've paid 3,700

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but you can have 1,500 back and the rest is gone.

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I said, "Well, hold on a minute, we've paid for all of this,

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"why are you only offering us back the 1,500 for the hotel?"

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They said, because it's not a package, it was all booked separately.

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As separate components.

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And that's when I said, "Well, no, we didn't,

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"it's not like we booked flights and asked you to find us an hotel. Everything was done through you."

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Sounds reasonable to me, but there's clearly more to it than that.

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Did you think you were getting a package holiday? Or did you not even give it a second thought?

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We didn't even... It wasn't even mentioned.

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The word package didn't even come into it.

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It was just, as far as I was concerned,

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I'd booked everything through Hays, I'd paid one price

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so therefore I thought if anything went wrong as a group we was covered.

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Well, you'd certainly think so, wouldn't you?

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Now you're back in the UK, you obviously contacted Hays Travel, what have they said?

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We've received the letter from them,

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they've apologised for the holiday.

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They've responded to all of our grievances and bullet points

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that we put in the initial complaint, apologising with a but.

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What did they say after the but?

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That they're not taking responsibility.

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They're passing the buck.

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Nobody's actually said to us, "We've really made a big mistake here. We apologise."

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I think it's just the feeling of neglect.

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We feel like we were neglected, we were abandoned

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and I still feel like that now.

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And what's the final outcome?

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Hays have sent the letter to us acknowledging our letter.

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Apologising. And a £450 compensation.

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-Which you're not happy with?

-No.

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-At all?

-No.

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Gary, what would you like Hays to do?

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I just want them to reimburse us. I just want to go elsewhere and book another holiday.

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Because we haven't... we haven't had a holiday.

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From the moment we got there, from my point of view,

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because we booked it, I kind of feel guilty, so...

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-I just want my money back.

-Yep, OK.

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Well, I shall get onto them. I shall start making some phone calls

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and I shall look into it.

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-Can I take this with me?

-BOTH: Yeah.

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I won't need the photos,

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I've seen those, but at least then I've got some details

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-and I can go from there and start to see what I can do for you.

-Lovely, thank you.

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-No worries.

-Good luck.

-Wish me luck. I might need it with this one! Come on, show me out.

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Wow. To come back from a holiday

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and describe it as a 100% disaster

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and having paid nearly four grand for it, it doesn't get much worse than that.

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Let's see what Hays Travel have got to say about it.

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Tea, book, pen and glasses. That normally means I mean business.

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Hays are going to get a phone call.

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'Time to check in with their Customer Services Department.'

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Hello there, you're speaking to Debbie.

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Hello, Debbie, it's Dominic Littlewood from the BBC.

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'I give Debbie all of Gary and Tracy's holiday booking details

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'and before I let Debbie go there's one burning question I need to ask.'

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They booked the hotel and flights and everything in Turkey there,

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you've probably got those details. That's a package holiday, isn't it?

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Let me just double check.

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No, Dominic, they've booked a dynamic package.

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They booked flights and accommodation separately.

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'A what? Dynamic package? That's a new one on me,

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'and they're telling me a dynamic package isn't a package.

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'Is that confusing or what?

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'And what does it mean for the Gerrard family and their rights?'

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Now, that's something I need to query with

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whoever's going to be dealing with this.

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Because obviously they were under the impression it was a package holiday

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so we'll need to establish exactly what it is you say they've booked.

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'Not quite the dynamic start I was hoping for.'

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It always pays to be polite with people

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when you first speak to them. There's no point going in like a bull in a china shop.

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You want to build a little rapport up cos sometimes things can get sorted out quite easily.

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However my vibes here are that probably isn't going to be,

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because I said, "Is it a package holiday?"

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I hoped she'd say yes cos then I had her by the short and curlies but she didn't,

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she said, no, it's some dynamic package, something or other.

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I'm going to go into that once I get the details

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because right now that's the bit I don't like.

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'And will I like what Hays have got to say

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'when I up the ante and put the whole case on the line?'

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If you've got anything there in your records which says anything along the lines that

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Tracy knew she wasn't covered then, please, I'd love to see that,

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because straight away I've got no argument at all.

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Consumer law can be very confusing.

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You've got your Sales of Goods Act, distance selling right to return... I could go on and on

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but knowing just a few of these laws

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can save you not only money but a lot of hassle as well.

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My research team have been out on the street

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armed with questions to put to you, the buying public,

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to find out if you know your consumer rights from your consumer wrongs.

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Today, we hit the High Street in our quest for spreading knowledge.

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The first question to you shoppers: Losing The Thread.

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You find a coat in the sale

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which has been reduced due to loose stitching.

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You decide to buy it anyway

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but later the damaged stitching quickly becomes a large hole.

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Can you get a refund?

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I don't see why not.

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I would say you can get an exchange

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but not a refund on the basis that you bought a damaged item.

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I think if you pay by credit card, yes.

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And anyway if it's not fit for wearing, certainly,

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so I would try and get a refund for that one.

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Ouch! All three wrong, I'm afraid.

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I'd argue but anyway... Yes.

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Well, you can argue all you like, old chap

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but it won't get you anywhere.

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You're not entitled to a refund because the retailer

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made you aware of the fault at the time of purchase.

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Paying on credit card doesn't change these rules.

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Next, from the High Street to online - DVD Dilemma.

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You buy a DVD from an online retailer as a gift for a friend.

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Unfortunately he already has the DVD so gives it back to you.

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Having opened the wrapper but without watching the film,

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you return it to the online store within your seven-day cooling-off period.

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Should you get your money back?

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I think the answer is no, you would not get your money back.

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As long as the goods are undamaged, they can be returned.

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Yes, you should, even though you've taken the wrapping off.

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Ooh, two out of three wrong.

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What?

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But surely...

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Stop calling me Shirley!

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You can't return DVDs, CDs or software

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if you've broken the seal.

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The seven-day cooling off period,

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as specified in the Distance Selling Regulations,

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does not apply if you've opened the goods,

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and that's to help fight counterfeit fraud.

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Good to know that one, definitely.

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Well, knowledge is power. And finally - Damaged On Delivery.

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You buy a car from a dealer in a neighbouring town.

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When the car is delivered to your home, it has a cracked windscreen.

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You ask the dealer to fix it but he says the delivery company he used should pay for the new windscreen.

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Who is liable?

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Depends if you paid by credit card or not.

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The delivery company.

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-The car dealer's liable.

-Correct. But only one out of three, though.

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Yes, I got that right, then.

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Your contract is with the dealer and therefore they are liable.

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The car dealer is legally responsible,

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not the delivery company.

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The delivery company is at fault but that's the dealer's problem.

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I think I've learned a couple of little things.

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I'm glad to hear it,

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but most of you need to brush up on your consumer rights.

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Trust me, knowing them will stop you getting done.

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I'm investigating the case of Gary Finnan and his girlfriend,

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Tracy Gerrard. Hays Travel organised their dream family holiday in Turkey

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but it turned into a nightmare when their original hotel

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cancelled at the last minute and Hays sent them to a hotel

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which was completely unsuitable for their wheelchair-bound

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91-year-old nan and it couldn't have been much worse for them either.

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-Third room was...

-The luggage room.

-..the luggage room that me and you was in,

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that was next to the public toilets.

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The stench in the room was unbelievable.

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But when it came to compensation

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Hays Travel offered just £450 back,

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leaving the family feeling as though they'd had the sand

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firmly kicked in their face.

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'Now, when you take on a company it always pays to find out

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'just what you're up against.

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'Hays Travel was founded in 1980 by John Hays

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'in a space at the back of his mother's childrenswear shop

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'in the north-east of England.

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'Since then, the company "with heart"

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'has grown to an annual turnover of more than £400 million

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'and they employ more than 800 people.'

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Hays prides itself on its excellent customer service,

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stating that, "every customer gets the holiday that suits their dreams".

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But obviously not in our family's case.

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The sticking point seems to be that Gary and Tracy

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thought they were buying a package holiday from Hays Travel

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and if you book a holiday as a package you have some protection.

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But from my first phone call,

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Hays are calling what they bought a "dynamic package".

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I think it's time I got back on the phone to Debbie in customer services

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to try and pin her down about their idea of a package holiday.

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Here goes.

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-Hello, Dominic.

-Oh, hi there.

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'Right, let's hear Hays' side of this dilemma.'

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Now, I've got an issue here in the fact this holiday that was booked was booked with you.

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As far as Tracy Gerrard was concerned,

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she booked with an agent because she was pleased she was protected.

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And she wasn't aware that she didn't have a package travel holiday.

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Debbie, if you have anything in your records

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which sort of says anything along the lines that Tracy knew she wasn't covered

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by booking it with this dynamic package,

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then, please, I'd love to see that, cos straight away I've got no argument.

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That's something that obviously we'd look into and give you

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-a full and proper answer to, Dominic.

-If you wouldn't mind.

-I don't want to go into

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that much detail without having all of the file information.

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'The cat is now definitely amongst the pigeons.'

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One thing I must stress, Dominic, to be honest with you,

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is Hays Travel, they are really bothered about the client,

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they are really concerned.

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They're not just a number, and people...especially Mr Hays,

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he's absolutely totally customer-focused

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and that's one thing I can definitely say to you.

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'Well, we'll soon see.'

0:18:060:18:08

-Thanks ever so much, Debbie.

-No problem.

0:18:080:18:10

-Speak to you soon, bye-bye.

-Thanks now, bye-bye.

-Bye-bye.

0:18:100:18:13

I tell you what, if I was a boxer I'd be very good

0:18:130:18:16

cos I delivered quite a few very painful blows there

0:18:160:18:19

in a nice gentle way which has probably put them on their back feet.

0:18:190:18:22

They're up against the ropes now thinking, "Whoa."

0:18:220:18:24

But I didn't offend them. You know, that's how you've got to do it.

0:18:240:18:28

You wait, I bet I get this one sorted out quite quickly.

0:18:280:18:31

You know, this term "dynamic package" is bugging me.

0:18:320:18:35

Something just doesn't sit right

0:18:350:18:37

so I've come up with a plan to put Gary to work.

0:18:370:18:40

MOBILE PHONE RINGS

0:18:400:18:41

Hello?

0:18:410:18:42

-Hi, is that Gary?

-It is, yeah.

-Gary, it's Dominic. How are you getting on?

0:18:420:18:46

-Yeah, good, thanks. How's you?

-Yeah, so-so, mate.

0:18:460:18:48

Listen, I'll tell you the reason I've rung.

0:18:480:18:50

I've had a couple of phone calls with Hays Travel

0:18:500:18:53

and something I've been trying to clarify with them

0:18:530:18:55

is whether you booked a package holiday or not.

0:18:550:18:57

And the reasons for that is because you have quite good protection if you have.

0:18:570:19:01

They've come back to me

0:19:010:19:03

-and said that what you booked is called a dynamic package.

-Right.

0:19:030:19:07

I don't like the sound of it.

0:19:070:19:09

Gary, what I want you to do, you and Tracy, is do a little bit of homework.

0:19:090:19:12

Can you go round to various different travel agents

0:19:120:19:14

and ask them if they're aware of this so-called

0:19:140:19:17

dynamic package. If so, how does it compare to a normal one?

0:19:170:19:22

-Right, OK.

-Yep, you've got that?

-Yeah, no problem.

-Yeah.

0:19:220:19:26

Right, lovely. Next time I catch up with you, I'll find out what you found out.

0:19:260:19:29

-OK, no worries.

-Cheers, Gary, speak to you soon.

-Cheers, Dom. Bye.

-Bye, mate.

0:19:290:19:34

This is going to be interesting. Let's see what he comes back with.

0:19:350:19:40

Hays Travel's defence at the moment seems to be hinging on two words - "dynamic package".

0:19:400:19:45

I don't like the sound of it. I'm having a word with an industry expert

0:19:450:19:48

to find out what he thinks.

0:19:480:19:51

'The first thing I want to know is what he can tell me

0:19:510:19:53

'about this phrase, "dynamic package".'

0:19:530:19:56

I think the term "dynamic package" is a complete red herring in many ways.

0:19:560:20:01

It's misunderstood, actually within the trade and by most people.

0:20:010:20:06

If you go back a few years, dynamic packages were introduced

0:20:060:20:09

as a term, not for some legal reason but they were introduced

0:20:090:20:13

because online sales of holiday arrangements started to take off.

0:20:130:20:18

Travel companies looked at how you could sell things independently,

0:20:180:20:22

not fall within the package travel regulations.

0:20:220:20:24

The real issue is, is it a package as defined by the Package Travel Regulations?

0:20:240:20:29

If it is, that will give you greater protection for when things go wrong

0:20:290:20:33

-than if it isn't a package.

-Look, let's be clear here.

0:20:330:20:37

What exactly does the law consider a package to be?

0:20:370:20:41

If travel companies seek to use the word "package" in their advertising material,

0:20:410:20:46

then that is going to be what will determine what they're selling,

0:20:460:20:50

because you cannot use, in my view, the word "package" and then expect

0:20:500:20:54

subsequently to claim that it wasn't a package.

0:20:540:20:57

It still all sounds horribly confusing for the poor old consumer

0:20:570:21:00

and we know that at no point did Hays mention the words "dynamic package" to Gary and Tracy.

0:21:000:21:06

It was only afterwards on the phone to me

0:21:060:21:09

that the term first cropped up.

0:21:090:21:12

In layman's terms, what's the difference

0:21:120:21:15

between a dynamic package and just what everybody else would class as a package holiday?

0:21:150:21:20

An arrangement is either a package or it isn't.

0:21:200:21:23

A package is something which is defined by the Package Travel Regulations

0:21:230:21:28

as a combination of two out of transport or accommodation

0:21:280:21:34

or other tourist services.

0:21:340:21:35

Bingo, that's exactly what Gary and Tracy had.

0:21:360:21:40

In fact, they bought all three parts of the holiday - flights, transfers and hotel -

0:21:400:21:44

from Hays and paid one price, which makes it a package holiday

0:21:440:21:49

with all the protection that goes with it.

0:21:490:21:52

-On that note, Peter, I appreciate your time. Thank you.

-Pleasure.

0:21:520:21:55

'I don't like to make a meal of this

0:21:560:21:58

'but let's just clarify that one more time.'

0:21:580:22:01

Just imagine this white tablecloth is their flights.

0:22:010:22:05

Doesn't that look great?

0:22:050:22:07

And let's just imagine that this red wine is their transfers.

0:22:070:22:11

Looking good so far.

0:22:110:22:12

And let's just assume that this lovely bowl of French onion soup

0:22:120:22:17

specially ordered is their accommodation.

0:22:170:22:20

Now, as a package, doesn't that look really, really appealing?

0:22:200:22:25

But just two days before they were due

0:22:250:22:27

to tuck in on this sumptuous holiday,

0:22:270:22:30

their accommodation was taken away from them.

0:22:300:22:34

Eurgh! Leaving them with something a lot less desirable.

0:22:340:22:38

A two-week nightmare and no protection at all.

0:22:380:22:41

I'm not eating that, no way.

0:22:410:22:42

I might've lost my appetite for that meal

0:22:440:22:47

but I haven't lost my hunger for this case.

0:22:470:22:50

Now, there still seems to be massive confusion within the travel industry

0:22:500:22:55

so I've asked Tracy and Gary to do a bit of legwork

0:22:550:22:57

and visit a number of agents to find out

0:22:570:23:00

just what they say the difference is between a package holiday

0:23:000:23:03

and what they call a dynamic or component package holiday.

0:23:030:23:07

If you pick up a brochure and you pick the hotel and the flights

0:23:090:23:14

and the transfers, that is a dynamic package.

0:23:140:23:20

Even though you might book the whole lot through them,

0:23:200:23:23

you're picking out the elements yourself.

0:23:230:23:26

But if you go to a company

0:23:260:23:28

and just say, "We want a holiday," which is what we did,

0:23:280:23:31

they're classing that as a package

0:23:310:23:34

because they're the ones providing you with the hotel and the flights

0:23:340:23:39

and they're doing it through their own methods of doing it.

0:23:390:23:42

-I think it's a case of if you don't ask, they don't tell you.

-No, no.

0:23:420:23:45

I think you need to be quite shrewd in what you ask and how you ask it.

0:23:450:23:52

Seems there's a lot of confusion out there

0:23:520:23:54

when it comes to our holidays in the sun.

0:23:540:23:56

Package holidays, dynamic packages and component holidays?

0:23:560:24:00

Different names, different meanings? What on earth is going on?

0:24:000:24:04

We've heard the definition of package holiday from a lawyer

0:24:040:24:07

but Gary has just found out that there is still

0:24:070:24:09

a lot of confusion out there on the High Street.

0:24:090:24:13

So where does that leave the poor old consumer?

0:24:130:24:16

Time to ask travel expert Rochelle Turner of Which? Magazine

0:24:160:24:19

for some clarification.

0:24:190:24:21

The position of Which? is very clear on this.

0:24:210:24:24

If you're being sold a holiday at the same time

0:24:240:24:28

all in one inclusive price,

0:24:280:24:30

and even if you're told it's a dynamic package,

0:24:300:24:33

then it should be a package

0:24:330:24:35

and it should be included under the Package Travel Regulations.

0:24:350:24:39

Fortunately, the European Commission are looking into this and we have

0:24:390:24:42

expressed our view with this regard that if somebody is buying

0:24:420:24:46

a holiday all in one - accommodation, transportation, a tour,

0:24:460:24:50

everything all in one price from the same supplier -

0:24:500:24:54

then that should be a package just like all the other real packages.

0:24:540:24:58

Great stuff! That ties in exactly with what our lawyer Peter told us.

0:24:580:25:03

I think the tide is turning in our favour against Hays.

0:25:030:25:06

But if we have to wait for Europe to decide,

0:25:060:25:09

we could be here for an awful long time.

0:25:090:25:11

So what about some help a bit sooner, then?

0:25:110:25:14

From April 2012, there's a new system being introduced

0:25:140:25:18

for people buying holidays in that they're all going to be given

0:25:180:25:23

financial protection if you buy either a package

0:25:230:25:27

or if you buy a flight plus accommodation or a flight plus car hire from a travel agent.

0:25:270:25:34

That just gives financial protection, so in the case

0:25:340:25:37

of the people here in this holiday circumstance, it wouldn't protect you

0:25:370:25:41

for all the other elements that the Package Travel Regulation will protect you for.

0:25:410:25:45

So, yes, it's great for financial protection.

0:25:450:25:48

You know you've got that money back if something happens

0:25:480:25:51

and the company goes bust.

0:25:510:25:53

But if something happens and the hotel's not right

0:25:530:25:55

or there's a sickness in the hotel or there's something really wrong

0:25:550:25:59

with your room, then it won't protect you for those elements.

0:25:590:26:02

So Gary and Tracy would still have a fight on their hands

0:26:020:26:05

trying to prove that they've bought a package holiday with or without the new regulations.

0:26:050:26:10

So if that's the case, why would you bother to use a travel agent at all?

0:26:100:26:14

Travel agents can be really good for sifting through

0:26:140:26:18

all of what is available. There are hundreds of thousands of potential combinations.

0:26:180:26:23

And the travel agents - the really good travel agents - they all know the deals,

0:26:230:26:28

they'll know nice places to stay

0:26:280:26:29

and they will be able to help you sift through all that

0:26:290:26:33

and it's especially useful if you don't have time.

0:26:330:26:36

You just need to ask the question,

0:26:360:26:38

if you are booking this way, do you have protection? What protection do you have?

0:26:380:26:44

If the answer is no, you don't, where can you get it?

0:26:440:26:48

That's really important.

0:26:480:26:49

Well said, Rochelle.

0:26:490:26:51

Just as I'm always telling you, read the small print.

0:26:510:26:53

I know it's a bit boring

0:26:530:26:54

but make sure you know exactly what you're getting

0:26:540:26:57

before you sign on that dotted line.

0:26:570:27:00

'Right, now back to work on Hays

0:27:040:27:06

'and time to ask some tough questions.'

0:27:060:27:10

Debbie, it was over a week ago when we spoke

0:27:100:27:12

and nothing's arrived from you yet.

0:27:120:27:14

No, I've actually just had a meeting this morning with the girls

0:27:140:27:17

who are actually dealing with it.

0:27:170:27:19

We've actually had the file and everything today.

0:27:190:27:22

We've been working on it continuously since I last spoke to you.

0:27:220:27:25

Debbie, can you give us a rough idea

0:27:250:27:26

of what progress you've made with it so far?

0:27:260:27:28

I can't at the moment because, like I say, it's actually being dealt with

0:27:280:27:32

by a few different people. I've got the facts together

0:27:320:27:34

-and they've been pulling everything together.

-Right.

0:27:340:27:37

But certainly that's what the meeting this afternoon was about

0:27:370:27:40

so I should be able to tell you more this afternoon, Dominic.

0:27:400:27:44

'Brilliant. Armed with what I've learned from Which? Travel,

0:27:440:27:47

'I'd like to hear Hays' take on a couple of points.'

0:27:470:27:50

One thing I'm quite keen to know is whether,

0:27:500:27:52

when people book with you, do you advise them

0:27:520:27:55

-that what they're booking is not a package holiday?

-Mm-hmm.

0:27:550:27:58

Or is it left for them to realise it's in the terms and conditions,

0:27:580:28:01

-that it's not a package?

-Mm-hmm.

0:28:010:28:03

There's one question you might be able to answer me now.

0:28:030:28:06

If it's not a package holiday, what advantage have people got

0:28:060:28:10

using an agent like, for example, Hays Travel?

0:28:100:28:13

You could probably tell me that one now, could you?

0:28:130:28:16

I probably could but, to be honest, I don't want to, Dominic, to be absolutely truthful.

0:28:160:28:20

I'd rather they deal with it.

0:28:200:28:22

They're dealing with everything from now on to be honest.

0:28:220:28:24

'I've reached the end of the road with Debbie

0:28:240:28:27

'so it's time to move up the ladder and speak to her boss.'

0:28:270:28:30

I'll get whoever's in the best position to give you the full answers, to give you a call.

0:28:300:28:34

-Smashing. Thanks ever so much, Debbie.

-All right?

-Bye-bye.

-Bye-bye.

0:28:340:28:38

I'll tell you what I did there.

0:28:380:28:39

I asked some questions and she says, "I don't really want to answer them"

0:28:390:28:43

because it's the big guns who've got the answers.

0:28:430:28:45

So I very politely said to her, "When you call back,

0:28:450:28:47

"there's no point you ringing me, get the big guns to do it."

0:28:470:28:51

Looking forward to the next call.

0:28:510:28:52

But when Hays finally get back to me,

0:28:540:28:56

will they fire more of a big gun than I'd bargained for?

0:28:560:29:00

It's the boss himself, John Hays, with his mobile number.

0:29:000:29:04

People say knowledge is power.

0:29:090:29:11

When it comes to fighting for your consumer rights,

0:29:110:29:13

the more you have, the better equipped you'll be.

0:29:130:29:16

Well, I've found some industry insiders who are prepared

0:29:160:29:19

to spill the beans on the dirty tricks of their trade.

0:29:190:29:21

So listen up, their advice could save you an awful lot of grief.

0:29:210:29:26

Today, we're dealing with the world of double glazing.

0:29:320:29:35

Something lots of you have installed to stop the drafts

0:29:350:29:38

and cut the energy bills.

0:29:380:29:40

But there are dodgy salesmen, pressure tactics and cowboy fitters

0:29:400:29:44

out there and all they're after is your hard-earned cash.

0:29:440:29:47

My insider has over 20 years' experience in the building

0:29:540:29:57

and glazing industry and he's not happy with its bad name.

0:29:570:30:01

We've protected his identity

0:30:010:30:03

and when you hear what he's got to say, you'll understand why.

0:30:030:30:06

Having your windows replaced, if you get a bad company, can be a nightmare experience.

0:30:090:30:13

I get very annoyed when you hear about rogue companies

0:30:130:30:17

who are conning consumers because it gives the whole industry a bad name.

0:30:170:30:23

So how do you tell a good salesperson, male or female,

0:30:230:30:26

from a bad one?

0:30:260:30:28

A good salesman will spend time with you as a homeowner,

0:30:280:30:31

explain what they have on offer, what they can show you,

0:30:310:30:34

how they can improve your building.

0:30:340:30:37

A bad salesman - if he's not being helpful,

0:30:370:30:40

if they don't give you confidence that they understand the project and are there to look after you.

0:30:400:30:46

If he's really forcing you down an avenue you're not comfortable with,

0:30:460:30:49

that's the time to walk away from them. Tell them, "No, thank you."

0:30:490:30:54

Too right. So what tales of you being left out in the cold

0:30:540:30:58

has our insider got for us?

0:30:580:31:01

The worst stories I've heard about are people being taken

0:31:010:31:05

to a bank or building society to take their savings out

0:31:050:31:08

to pay for the work

0:31:080:31:11

and the extreme case has been where a consumer phoned me up

0:31:110:31:15

to tell me that they had paid £4,500

0:31:150:31:18

to have replacement windows and doors.

0:31:180:31:21

They paid the whole amount in cash to this person.

0:31:210:31:24

He provided a mobile phone number.

0:31:240:31:27

When they tried to phone the mobile phone,

0:31:270:31:29

it was a pay-as-you-go mobile phone and it had been disconnected.

0:31:290:31:35

The consumer never, ever saw that person again.

0:31:350:31:38

And if the work is actually carried out, it's not always up to scratch.

0:31:380:31:44

A consumer was having a replacement bay window.

0:31:440:31:48

The company installing this, they didn't know what they were doing.

0:31:480:31:53

They took the old bay window out,

0:31:530:31:55

they didn't correctly prop the bay window and the window is part

0:31:550:32:00

of the structure of your home and it resulted in the whole bay collapsing.

0:32:000:32:05

In the end, the consumer had to pay for a local builder

0:32:050:32:08

to reinstate the bay. That cost the homeowner £8,500.

0:32:080:32:14

So how do you stop new double glazing becoming a pain?

0:32:140:32:19

Here's my insider's tips. Check them out.

0:32:190:32:22

Have they got sales literature? Have they got a registered office?

0:32:240:32:28

Phone them up, phone the office. That may not be completely foolproof

0:32:280:32:31

but it is a start to show that they work for a legitimate company.

0:32:310:32:35

Always shop around before you commit.

0:32:350:32:38

I would always get three quotations. You can compare different companies.

0:32:380:32:43

What are they suggesting for the replacement window or door?

0:32:430:32:46

You can compare on price,

0:32:460:32:49

on the different options of different materials.

0:32:490:32:51

Check their track record.

0:32:510:32:53

Ask the company, "Where else have you installed windows and doors?"

0:32:530:32:56

Ask for references. If they're a good company, they will take you

0:32:560:33:00

to another house to show where they have installed windows and doors.

0:33:000:33:04

Do they belong to any professional bodies?

0:33:040:33:07

Check to see if they're a member of a trade association.

0:33:070:33:10

Give you some assurance that they know what they are doing.

0:33:100:33:13

And finally, always know your rights.

0:33:130:33:17

If you're not happy with the way you're being sold to,

0:33:170:33:21

remember you do have a seven-day cooling-off period.

0:33:210:33:24

-So cancel your order.

-Well, there you go.

0:33:240:33:27

Don't just glaze over when the salesman is on the hard sell.

0:33:270:33:31

Listen to my insider and hopefully it will stop you getting done.

0:33:310:33:35

Gary Finnan and his girlfriend, Tracy Gerrard,

0:33:410:33:44

are having a right old battle with Hays Travel.

0:33:440:33:46

Their dream family holiday turned into a nightmare when they ended up

0:33:460:33:50

in a hotel from hell with their 91-year-old wheelchair-bound nan.

0:33:500:33:54

By the time we got to the hotel it was getting on for midday, it was hot.

0:33:560:33:59

My nan was looking quite ill by this point cos I was on the phone to Hays.

0:33:590:34:03

-"You've got to get us out, my nan doesn't look very well."

-Yeah.

0:34:030:34:06

When it came to compensation, Hays wasn't offering enough.

0:34:060:34:10

Now, I've been trying to get Hays to hold their hands up and pay out

0:34:100:34:14

and I think I might have just found a crack in their case.

0:34:140:34:17

We've heard from our travel expert lawyer.

0:34:170:34:20

If two or more components have been booked by your travel agent,

0:34:200:34:23

then you have yourself a package holiday

0:34:230:34:25

and you're fully protected if anything goes wrong.

0:34:250:34:29

Now, we know that Gary and Tracy booked three components

0:34:290:34:31

and paid one price to Hays Travel

0:34:310:34:34

and therefore they bought themselves a package holiday.

0:34:340:34:37

'I've had an e-mail from Hays still refusing to admit

0:34:380:34:41

'that Gary and Tracy bought a package holiday from them.

0:34:410:34:44

'So it's no more Mr Nice Guy.

0:34:440:34:46

'I'm waiting for the customer relations manager to call me back

0:34:460:34:50

'but boy, oh boy, have they got a surprise for me.'

0:34:500:34:54

Crikey, not only have Hays Travel actually returned my call

0:34:540:34:58

but it's the boss himself, John Hays, with his mobile number.

0:34:580:35:01

That'll be handy for any future complaints.

0:35:010:35:04

'I must be on the right track if I've caught the boss' attention

0:35:040:35:08

'and I'm keen to hear what he's got to say about Gary and Tracy's situation.'

0:35:080:35:12

'In this particular case, we've failed horribly

0:35:120:35:15

'and I won't hide behind anything. I'm...I've got to be honest,

0:35:150:35:20

-'..horrified when I've read this case.'

-OK.

0:35:200:35:23

'As a company, our principle is, in these cases, is to

0:35:230:35:27

'look after clients and, er, and refund them

0:35:270:35:31

'as if we WERE the principal, no matter what the current law says,

0:35:310:35:36

-'and that is our company policy.'

-OK.

-'And we're absolutely wrong here

0:35:360:35:39

'and there's no equivocation on my part

0:35:390:35:41

'that we should've acted as the principal, even if we weren't in law,

0:35:410:35:46

'and refunded the client, and it's a very bad case.'

0:35:460:35:49

John, that's something I admire of anybody, to put their hands up

0:35:490:35:52

and say, "OK, this one is wrong, it shouldn't have been done."

0:35:520:35:55

It's nice for people to sometimes stand up and take it on the chin,

0:35:550:35:58

it does show a decent... a decent response.

0:35:580:36:00

-The fact you've looked at it and acknowledged it. So that I admire.

-'Good, thank you.'

0:36:000:36:04

'This is knock-out!'

0:36:040:36:06

-John, nice talking to you. Bye-bye.

-'Cheers. Thanks, bye.'

-Bye-bye.

0:36:060:36:10

Gordon Bennett!

0:36:100:36:11

I was speaking to that governor, we became buddies at the end of it.

0:36:110:36:14

What a nice man, what a nice company. He actually said to me,

0:36:140:36:17

"When I looked at the facts, and everything here, I was horrified."

0:36:170:36:20

That was his exact word - horrified. He said,

0:36:200:36:23

"I'm going to get it sorted out." Just waiting for an e-mail now,

0:36:230:36:26

but I've got a funny feeling it's going to be very good news.

0:36:260:36:29

'Nice man, John.

0:36:290:36:31

'Not only has John Hays been quick to address this case

0:36:320:36:36

'with me over the phone, but he's come to meet me face-to-face

0:36:360:36:39

'for a bit of a chinwag in a cosy old boozer.'

0:36:390:36:42

John, firstly, I've got to thank you for coming all the way down from the North East to London

0:36:420:36:46

to chat with us about this case. I mean, that shows a certain

0:36:460:36:49

-amount of dedication there to what's gone on.

-Yeah.

-What did go on?

0:36:490:36:53

When I read the file, I was really quite upset, really.

0:36:530:36:57

I was upset for the family,

0:36:570:36:59

because clearly they had a fairly horrible time and, er...

0:36:590:37:03

I'm from the North East, as you've just said,

0:37:030:37:05

and, when I was a kid, my mam used to say, "Do as you'd be done by,"

0:37:050:37:09

in other words, treat people the way you'd like to be treated yourself.

0:37:090:37:13

Quite frankly, I wouldn't have liked that to have happened to myself, so I felt really upset for them.

0:37:130:37:17

I get the impression, John, that, from what you're saying there,

0:37:170:37:21

had the file landed on your lap, it would've been sorted quite quickly.

0:37:210:37:25

But of course, that hasn't happened,

0:37:250:37:27

-it landed on the desk of somebody else.

-Mm-hm.

0:37:270:37:30

Is that the problem there? Is that what's happened?

0:37:300:37:33

Yeah, I think, overall, the team in customer relations are a good team.

0:37:330:37:37

I think they usually are customer focused.

0:37:370:37:40

In this case, they got it wrong

0:37:400:37:43

and what they did is, the supplier who let us down,

0:37:430:37:46

by...a day or two before the family were due to go,

0:37:460:37:52

who said the hotel wasn't available, then let us down afterwards, because

0:37:520:37:56

they got obsessed with trying to get an answer out of this company,

0:37:560:37:59

who had a backlog of issues and complaints,

0:37:590:38:02

and they just got obsessed with trying to get an answer from them

0:38:020:38:06

and lost focus on the family.

0:38:060:38:08

'I do like an honest response, but how is John going to make sure

0:38:080:38:12

'that nothing like Tracy and Gary's experience happens again?'

0:38:120:38:15

We've changed the reporting lines of our customer relations department

0:38:150:38:20

and we've changed the processes.

0:38:200:38:23

'John was quick to reassure me that none of these managerial changes

0:38:230:38:27

'will affect Debbie, who I first spoke to in customer relations,

0:38:270:38:30

'and continues to do a sterling job for him.

0:38:300:38:33

'But what happens now when it comes to a valid complaint?'

0:38:330:38:37

We refund the client quickly

0:38:370:38:40

and we then take it up with the supplier later

0:38:400:38:44

to actually address these issues with our supplier, possibly take them off sale.

0:38:440:38:49

Has this particular hotel been taken off your list?

0:38:490:38:52

The hotel was extremely poor, so the hotel's off the list

0:38:520:38:56

and the supplier of the hotel is not off the list, but they're under

0:38:560:39:01

severe pressure to guarantee quality for us going forward.

0:39:010:39:05

I quite admire that, cos you really have addressed situation with

0:39:050:39:08

-a certain amount of real importance.

-Yes, absolutely.

0:39:080:39:11

We unequivocally let our clients down and...no ifs and buts,

0:39:110:39:14

and we've built our reputation by having satisfied clients

0:39:140:39:18

who come back to us, and that's how the business has grown,

0:39:180:39:22

and when I read files like this, I was genuinely upset.

0:39:220:39:25

John, I admire you for that. You've travelled a long way down, stood up,

0:39:250:39:28

taken it on the chin, said you're addressing it and rectifying the problems,

0:39:280:39:32

-so I've got to thank you for that.

-Thank you.

0:39:320:39:35

'I have to say, I am very impressed.

0:39:350:39:37

'John has clearly taken the issues on board and I have a funny feeling

0:39:370:39:42

'that, for Gary and Tracy, the result is going to be first-class.'

0:39:420:39:46

Now, I'm back in Essex and I've only just avoided the rain,

0:39:460:39:49

which is a very good sign for me.

0:39:490:39:51

I've asked Tracy and Gary to get Mum and Dad in,

0:39:510:39:54

because I've got some news for them and a letter from John Hays himself

0:39:540:39:57

and I think they're going to like it.

0:39:570:39:59

-That's Tony, Linda.

-Tony, good to meet you.

-Hello, Dom.

-Hello, Linda.

-Hiya.

-Lovely to meet you.

0:39:590:40:04

I've heard about your holiday described as a disaster.

0:40:040:40:07

-Total disaster. From start to finish, yes.

-Do you agree, Tony?

0:40:070:40:12

-Completely. It was the worst holiday I've ever had.

-Right.

0:40:120:40:16

-You can't get much worse than that, can you?

-Not really, no.

0:40:160:40:19

Let's tell you how I got on with Hays.

0:40:190:40:21

There's been lots of toing and froing.

0:40:210:40:23

If you can work your way to the top,

0:40:230:40:26

only speak to the top person, that's normally a real bonus.

0:40:260:40:29

Eventually, I got the owner of Hays Travel,

0:40:290:40:32

a guy called John Hays, on the phone.

0:40:320:40:34

-He described your situation as horrific. That was the MD of the company.

-Good.

0:40:340:40:38

-But that's the first we've heard that someone's actually admitted they were wrong.

-Yeah.

-Yeah.

0:40:380:40:43

We appreciate that, but it doesn't compensate for what we've lost.

0:40:430:40:47

All the letters we got back were, "Not our fault. Not our fault."

0:40:470:40:50

-Passing the buck.

-That you've come back and said he's now said,

0:40:500:40:53

-"D'you know what, I'm disgusted by it," it's changed everything.

-Yeah.

0:40:530:40:57

Now, one of the issues that you mentioned, Tracy,

0:40:570:41:00

was you didn't really think you had a fair apology.

0:41:000:41:03

He's written a letter of apology.

0:41:030:41:05

-That's good.

-Yeah.

-I've got it for you.

0:41:050:41:08

'And it's only fair that the person who sweated the most

0:41:080:41:11

'over every letter they've sent to explain their case

0:41:110:41:14

'gets to read this one out.

0:41:140:41:15

'Over to you, Gary.'

0:41:150:41:17

"Dear Tracy. Since starting Hays Travel in 1980, we have succeeded

0:41:170:41:21

"by selling great holidays and looking after people well.

0:41:210:41:23

"I'm sorry that we have not looked after you well.

0:41:230:41:26

"I am ashamed and embarrassed..." You read it.

0:41:260:41:30

"I am sorry that we have not looked after you well.

0:41:300:41:32

"I'm ashamed and embarrassed by the time it has taken to..."

0:41:320:41:35

VOICE BREAKS: "..to resolve this and I'd like to apologise..." Stop it, you'll start me off now!

0:41:350:41:39

"..and on behalf of the company, as a direct result of your case,

0:41:390:41:43

"I have changed both procedures

0:41:430:41:45

"and senior management of our customer relations department.

0:41:450:41:48

"I hope that the cheque for £3,914 will compensate for your experience."

0:41:480:41:55

THEY CRY

0:41:550:41:58

-Thanks, Gal.

-LINDA: Thank you!

0:41:580:42:01

-Thank you, thank you!

-Yeah!

-My pleasure.

-Thank you so much.

0:42:010:42:04

-Have I got to kiss you as well?

-No, definitely not.

0:42:040:42:06

-There's your cheque.

-Oh, my God!

0:42:060:42:08

Now, that's all the money back from your holiday

0:42:080:42:11

and some compensation there for your inconvenience, right.

0:42:110:42:14

-That's a big man.

-Yeah. Thank you.

-How do you feel about that?

0:42:140:42:18

Thank you, John Hays, for standing up... Yeah, we'll have to frame that.

0:42:180:42:22

-..and showing that there are some decent people out there, really.

-Do you know what?

0:42:220:42:26

Are you about to cry? Because you're a fireman!

0:42:260:42:29

You're going to get a lot of stick!

0:42:290:42:31

-Do you want a little comfort hug, mate? Come on.

-Cheers, mate.

-You're all right, buddy.

0:42:310:42:35

That's my job done. Tony, lovely to meet you. And you, Linda.

0:42:350:42:38

-Yeah, thanks again.

-Mwah! No worries!

-Mwah!

-Send my love to your mum.

0:42:380:42:42

-I will do.

-And you, Tracy.

-Thanks for everything.

0:42:420:42:45

-And you, you big wuss!

-Cheers, Dom.

-Aw! See you later, buddy.

-ALL: Bye!

0:42:450:42:50

Three very happy people.

0:42:530:42:55

Would've been four, but Gary cried and he's a rufty-tufty fireman

0:42:550:42:58

and his mates are going to rip him to shreds. But unfortunately, Gary,

0:42:580:43:01

that's a problem you'll have to sort out yourself. I can't help.

0:43:010:43:04

-LAUGHTER

-Yeah, I know! God!

0:43:040:43:07

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