Hays Don't Get Done Get Dom

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

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

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

Shoddy products, hidden small print and bad customer service.

Companies are in trouble at the moment.

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

Some firms are driving you barmy, causing you sleepless nights

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

But don't despair.

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

And coming up on today's show...

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

and your travel agent leaves you high and dry.

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

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

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

The homeowner never, ever saw that person again.

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

when it comes to your consumer rights.

I still got one wrong.

And now I'm a little wiser.

You know, there's nothing us Brits love more

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

That's it. All packed.

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

peace of mind when travelling abroad.

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

-PHONE RINGS

-Oh, hang on a sec.

Hello? Yeah, all ready, all excited.

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

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

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

Meet Gary and his girlfriend Tracy from Essex.

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

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

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

She is riddled with arthritis.

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

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

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

as her father was recovering from a knee operation

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

They wanted to book it through a trusted travel agent

and they knew just the place to go.

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

It just seems that they've always been the ones

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

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

Hays Travel came up trumps, they organised everything

and found a hotel in Turkey that was perfect

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

But they got more than they bargained for when,

the day before the family was due to fly out,

there was a message from Hays to ring them urgently.

PHONE RINGS

My heart sank.

I rang them straight away.

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

And that we had the option to go somewhere else.

Unbelievable.

After all the painstaking preparation Hays was suddenly

putting them in the impossible situation of having to choose

a completely new unknown hotel with goodness knows what facilities.

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

but to accept one of the hotels Hays had offered.

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

-But we've got something.

-We've got something.

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

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

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

-They didn't have a clue.

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

and it was like a spiral marble staircase

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

-To carry her down.

-To carry her down those stairs.

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

Crikey. What a nightmare.

And that was just the welcome.

Although Nan was moved to a ground-floor room,

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

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

in a wheelchair.

The only way of getting her from A to B

was by me and your dad physically carrying her.

Gordon Bennett, this was clearly a holiday from hell

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

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

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

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

Yalikavak is the place that you thought you were going to

and you ended up in Gumbet.

How do the two compare?

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

-Yeah.

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

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

Right.

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

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

-Yeah.

-Oh, nowhere near.

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

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

-No lift even.

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

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

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

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

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

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

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

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

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

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

because of the accesses for disabled people.

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

-it was the total opposite.

-And we were totally gobsmacked.

I felt like getting back on the plane, personally.

And I wouldn't have blamed you!

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

they would have been left high and dry.

The option was, you've paid 3,700

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

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

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

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

As separate components.

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

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

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

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

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

The word package didn't even come into it.

It was just, as far as I was concerned,

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

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

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

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

We've received the letter from them,

they've apologised for the holiday.

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

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

What did they say after the but?

That they're not taking responsibility.

They're passing the buck.

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

I think it's just the feeling of neglect.

We feel like we were neglected, we were abandoned

and I still feel like that now.

And what's the final outcome?

Hays have sent the letter to us acknowledging our letter.

Apologising. And a £450 compensation.

-Which you're not happy with?

-No.

-At all?

-No.

Gary, what would you like Hays to do?

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

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

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

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

-I just want my money back.

-Yep, OK.

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

and I shall look into it.

-Can I take this with me?

-BOTH: Yeah.

I won't need the photos,

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

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

-Lovely, thank you.

-No worries.

-Good luck.

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

Wow. To come back from a holiday

and describe it as a 100% disaster

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

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

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

Hays are going to get a phone call.

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

Hello there, you're speaking to Debbie.

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

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

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

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

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

Let me just double check.

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

They booked flights and accommodation separately.

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

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

'Is that confusing or what?

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

Now, that's something I need to query with

whoever's going to be dealing with this.

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

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

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

It always pays to be polite with people

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

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

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

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

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

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

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

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

'And will I like what Hays have got to say

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

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

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

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

Consumer law can be very confusing.

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

but knowing just a few of these laws

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

My research team have been out on the street

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

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

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

The first question to you shoppers: Losing The Thread.

You find a coat in the sale

which has been reduced due to loose stitching.

You decide to buy it anyway

but later the damaged stitching quickly becomes a large hole.

Can you get a refund?

I don't see why not.

I would say you can get an exchange

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

I think if you pay by credit card, yes.

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

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

Ouch! All three wrong, I'm afraid.

I'd argue but anyway... Yes.

Well, you can argue all you like, old chap

but it won't get you anywhere.

You're not entitled to a refund because the retailer

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

Paying on credit card doesn't change these rules.

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

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

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

Having opened the wrapper but without watching the film,

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

Should you get your money back?

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

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

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

Ooh, two out of three wrong.

What?

But surely...

Stop calling me Shirley!

You can't return DVDs, CDs or software

if you've broken the seal.

The seven-day cooling off period,

as specified in the Distance Selling Regulations,

does not apply if you've opened the goods,

and that's to help fight counterfeit fraud.

Good to know that one, definitely.

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

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

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

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

Who is liable?

Depends if you paid by credit card or not.

The delivery company.

-The car dealer's liable.

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

Yes, I got that right, then.

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

The car dealer is legally responsible,

not the delivery company.

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

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

I'm glad to hear it,

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

Trust me, knowing them will stop you getting done.

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

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

but it turned into a nightmare when their original hotel

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

which was completely unsuitable for their wheelchair-bound

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

-Third room was...

-The luggage room.

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

that was next to the public toilets.

The stench in the room was unbelievable.

But when it came to compensation

Hays Travel offered just £450 back,

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

firmly kicked in their face.

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

'just what you're up against.

'Hays Travel was founded in 1980 by John Hays

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

'in the north-east of England.

'Since then, the company "with heart"

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

'and they employ more than 800 people.'

Hays prides itself on its excellent customer service,

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

But obviously not in our family's case.

The sticking point seems to be that Gary and Tracy

thought they were buying a package holiday from Hays Travel

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

But from my first phone call,

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

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

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

Here goes.

-Hello, Dominic.

-Oh, hi there.

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

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

As far as Tracy Gerrard was concerned,

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

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

Debbie, if you have anything in your records

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

by booking it with this dynamic package,

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

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

-a full and proper answer to, Dominic.

-If you wouldn't mind.

-I don't want to go into

that much detail without having all of the file information.

'The cat is now definitely amongst the pigeons.'

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

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

they are really concerned.

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

he's absolutely totally customer-focused

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

'Well, we'll soon see.'

-Thanks ever so much, Debbie.

-No problem.

-Speak to you soon, bye-bye.

-Thanks now, bye-bye.

-Bye-bye.

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

cos I delivered quite a few very painful blows there

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

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

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

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

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

Something just doesn't sit right

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

MOBILE PHONE RINGS

Hello?

-Hi, is that Gary?

-It is, yeah.

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

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

-Yeah, so-so, mate.

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

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

and something I've been trying to clarify with them

is whether you booked a package holiday or not.

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

They've come back to me

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

-Right.

I don't like the sound of it.

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

Can you go round to various different travel agents

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

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

-Right, OK.

-Yep, you've got that?

-Yeah, no problem.

-Yeah.

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

-OK, no worries.

-Cheers, Gary, speak to you soon.

-Cheers, Dom. Bye.

-Bye, mate.

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

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

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

to find out what he thinks.

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

'about this phrase, "dynamic package".'

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

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

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

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

because online sales of holiday arrangements started to take off.

Travel companies looked at how you could sell things independently,

not fall within the package travel regulations.

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

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

-than if it isn't a package.

-Look, let's be clear here.

What exactly does the law consider a package to be?

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

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

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

subsequently to claim that it wasn't a package.

It still all sounds horribly confusing for the poor old consumer

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

It was only afterwards on the phone to me

that the term first cropped up.

In layman's terms, what's the difference

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

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

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

as a combination of two out of transport or accommodation

or other tourist services.

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

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

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

with all the protection that goes with it.

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

-Pleasure.

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

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

Just imagine this white tablecloth is their flights.

Doesn't that look great?

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

Looking good so far.

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

specially ordered is their accommodation.

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

But just two days before they were due

to tuck in on this sumptuous holiday,

their accommodation was taken away from them.

Eurgh! Leaving them with something a lot less desirable.

A two-week nightmare and no protection at all.

I'm not eating that, no way.

I might've lost my appetite for that meal

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

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

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

and visit a number of agents to find out

just what they say the difference is between a package holiday

and what they call a dynamic or component package holiday.

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

and the transfers, that is a dynamic package.

Even though you might book the whole lot through them,

you're picking out the elements yourself.

But if you go to a company

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

they're classing that as a package

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

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

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

-No, no.

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

Seems there's a lot of confusion out there

when it comes to our holidays in the sun.

Package holidays, dynamic packages and component holidays?

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

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

but Gary has just found out that there is still

a lot of confusion out there on the High Street.

So where does that leave the poor old consumer?

Time to ask travel expert Rochelle Turner of Which? Magazine

for some clarification.

The position of Which? is very clear on this.

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

all in one inclusive price,

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

then it should be a package

and it should be included under the Package Travel Regulations.

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

expressed our view with this regard that if somebody is buying

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

everything all in one price from the same supplier -

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

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

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

But if we have to wait for Europe to decide,

we could be here for an awful long time.

So what about some help a bit sooner, then?

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

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

financial protection if you buy either a package

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

That just gives financial protection, so in the case

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

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

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

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

and the company goes bust.

But if something happens and the hotel's not right

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

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

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

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

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

Travel agents can be really good for sifting through

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

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

they'll know nice places to stay

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

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

You just need to ask the question,

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

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

That's really important.

Well said, Rochelle.

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

I know it's a bit boring

but make sure you know exactly what you're getting

before you sign on that dotted line.

'Right, now back to work on Hays

'and time to ask some tough questions.'

Debbie, it was over a week ago when we spoke

and nothing's arrived from you yet.

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

who are actually dealing with it.

We've actually had the file and everything today.

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

Debbie, can you give us a rough idea

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

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

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

-and they've been pulling everything together.

-Right.

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

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

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

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

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

when people book with you, do you advise them

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

-Mm-hmm.

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

-that it's not a package?

-Mm-hmm.

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

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

using an agent like, for example, Hays Travel?

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

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

I'd rather they deal with it.

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

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

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

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

-Smashing. Thanks ever so much, Debbie.

-All right?

-Bye-bye.

-Bye-bye.

I'll tell you what I did there.

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

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

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

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

Looking forward to the next call.

But when Hays finally get back to me,

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

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

People say knowledge is power.

When it comes to fighting for your consumer rights,

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

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

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

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

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

Something lots of you have installed to stop the drafts

and cut the energy bills.

But there are dodgy salesmen, pressure tactics and cowboy fitters

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

My insider has over 20 years' experience in the building

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

We've protected his identity

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

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

I get very annoyed when you hear about rogue companies

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

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

from a bad one?

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

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

how they can improve your building.

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

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

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

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

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

has our insider got for us?

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

to a bank or building society to take their savings out

to pay for the work

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

to tell me that they had paid £4,500

to have replacement windows and doors.

They paid the whole amount in cash to this person.

He provided a mobile phone number.

When they tried to phone the mobile phone,

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

The consumer never, ever saw that person again.

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

A consumer was having a replacement bay window.

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

They took the old bay window out,

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

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

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

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

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

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

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

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

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

Always shop around before you commit.

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

What are they suggesting for the replacement window or door?

You can compare on price,

on the different options of different materials.

Check their track record.

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

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

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

Do they belong to any professional bodies?

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

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

And finally, always know your rights.

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

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

-So cancel your order.

-Well, there you go.

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

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

Gary Finnan and his girlfriend, Tracy Gerrard,

are having a right old battle with Hays Travel.

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

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

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

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

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

-Yeah.

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

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

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

We've heard from our travel expert lawyer.

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

then you have yourself a package holiday

and you're fully protected if anything goes wrong.

Now, we know that Gary and Tracy booked three components

and paid one price to Hays Travel

and therefore they bought themselves a package holiday.

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

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

'So it's no more Mr Nice Guy.

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

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

Crikey, not only have Hays Travel actually returned my call

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

That'll be handy for any future complaints.

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

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

'In this particular case, we've failed horribly

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

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

-OK.

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

'look after clients and, er, and refund them

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

-'and that is our company policy.'

-OK.

-'And we're absolutely wrong here

'and there's no equivocation on my part

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

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

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

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

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

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

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

-'Good, thank you.'

'This is knock-out!'

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

-'Cheers. Thanks, bye.'

-Bye-bye.

Gordon Bennett!

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

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

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

That was his exact word - horrified. He said,

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

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

'Nice man, John.

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

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

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

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

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

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

-Yeah.

-What did go on?

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

I was upset for the family,

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

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

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

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

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

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

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

But of course, that hasn't happened,

-it landed on the desk of somebody else.

-Mm-hm.

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

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

I think they usually are customer focused.

In this case, they got it wrong

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

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

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

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

who had a backlog of issues and complaints,

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

and lost focus on the family.

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

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

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

and we've changed the processes.

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

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

'and continues to do a sterling job for him.

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

We refund the client quickly

and we then take it up with the supplier later

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

Has this particular hotel been taken off your list?

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

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

severe pressure to guarantee quality for us going forward.

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

-a certain amount of real importance.

-Yes, absolutely.

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

and we've built our reputation by having satisfied clients

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

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

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

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

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

-Thank you.

'I have to say, I am very impressed.

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

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

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

which is a very good sign for me.

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

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

and I think they're going to like it.

-That's Tony, Linda.

-Tony, good to meet you.

-Hello, Dom.

-Hello, Linda.

-Hiya.

-Lovely to meet you.

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

-Total disaster. From start to finish, yes.

-Do you agree, Tony?

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

-Right.

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

-Not really, no.

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

There's been lots of toing and froing.

If you can work your way to the top,

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

Eventually, I got the owner of Hays Travel,

a guy called John Hays, on the phone.

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

-Good.

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

-Yeah.

-Yeah.

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

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

-Passing the buck.

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

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

-Yeah.

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

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

He's written a letter of apology.

-That's good.

-Yeah.

-I've got it for you.

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

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

'gets to read this one out.

'Over to you, Gary.'

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

"by selling great holidays and looking after people well.

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

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

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

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

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

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

"I have changed both procedures

"and senior management of our customer relations department.

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

THEY CRY

-Thanks, Gal.

-LINDA: Thank you!

-Thank you, thank you!

-Yeah!

-My pleasure.

-Thank you so much.

-Have I got to kiss you as well?

-No, definitely not.

-There's your cheque.

-Oh, my God!

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

and some compensation there for your inconvenience, right.

-That's a big man.

-Yeah. Thank you.

-How do you feel about that?

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

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

-Do you know what?

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

You're going to get a lot of stick!

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

-Cheers, mate.

-You're all right, buddy.

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

-Yeah, thanks again.

-Mwah! No worries!

-Mwah!

-Send my love to your mum.

-I will do.

-And you, Tracy.

-Thanks for everything.

-And you, you big wuss!

-Cheers, Dom.

-Aw! See you later, buddy.

-ALL: Bye!

Three very happy people.

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

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

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

-LAUGHTER

-Yeah, I know! God!

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