Holidays

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0:00:02 > 0:00:03'My name is Dominic Littlewood,

0:00:03 > 0:00:07'and I'm passionate about taking on your consumer battles.

0:00:07 > 0:00:11'In fact, taking companies to task has become my goal in life.'

0:00:11 > 0:00:14"Do you think she deserves her money back?" I said, "Yeah."

0:00:14 > 0:00:18'Big or small - no company is excused from my quest

0:00:18 > 0:00:21'to ensure that you get what you're entitled to.'

0:00:21 > 0:00:25We were left with no washing machine, no sink, no cooker.

0:00:25 > 0:00:28This was quite difficult with a young son of four.

0:00:28 > 0:00:30'Whether it's getting your money back...

0:00:30 > 0:00:32"It was extraordinary circumstances.

0:00:32 > 0:00:35"You're not entitled to any sort of compensation at all."

0:00:35 > 0:00:37'..or getting to the bottom of your contract

0:00:37 > 0:00:39'and terms and conditions.'

0:00:39 > 0:00:42The reason being, what I'm doing, I just want to clarify whether

0:00:42 > 0:00:45all these sales reps are in the right position to judge

0:00:45 > 0:00:47what product's suitable for a customer.

0:00:47 > 0:00:50'Whatever the issues, I'm here to help.'

0:00:50 > 0:00:53We all need a break from the rat race,

0:00:53 > 0:00:57but I help a family whose holiday was less than relaxing.

0:00:57 > 0:01:00It was just a wild goose chase that didn't need to happen.

0:01:00 > 0:01:04Also, when borrowing cash leaves some of you out of pocket.

0:01:04 > 0:01:06I'm feeling like a fool.

0:01:06 > 0:01:08And I give you the lowdown

0:01:08 > 0:01:10on what to do if an ad is too good to be true.

0:01:10 > 0:01:15I'm taking on your consumer problems to make sure you don't get done!

0:01:19 > 0:01:23Every year, millions of us escape the hustle and bustle of life

0:01:23 > 0:01:26to relax and recharge on holiday.

0:01:26 > 0:01:29But what happens when you get to your destination

0:01:29 > 0:01:31and the dream holiday you thought you booked

0:01:31 > 0:01:35turns out to be a nightmare? Who do you turn to?

0:01:35 > 0:01:39And that's the problem Claire and Gary Saunders from Nottingham faced

0:01:39 > 0:01:43when the hotel they booked in Turkey didn't meet their expectations.

0:01:43 > 0:01:46I'm a builder and I've been on some sites that are better.

0:01:46 > 0:01:47It was disgusting.

0:01:47 > 0:01:52I wouldn't have even let a tramp stop in a room like that.

0:01:52 > 0:01:55After having to move to alternative accommodation,

0:01:55 > 0:01:57the couple were left out of pocket

0:01:57 > 0:02:00and they've been in dispute with their holiday company ever since.

0:02:00 > 0:02:03'So they've contacted me to see if I can help.'

0:02:03 > 0:02:06We paid for a four-star hotel when we booked the holiday.

0:02:06 > 0:02:09- We just wanted what we paid for, really.- Yeah.

0:02:09 > 0:02:11Back in April, when the couple booked,

0:02:11 > 0:02:14they had no idea of what lay ahead.

0:02:14 > 0:02:18We were really excited. I think me and Gary are the biggest kids

0:02:18 > 0:02:19when it comes to going away.

0:02:19 > 0:02:22To get the fortnight away with the kids,

0:02:22 > 0:02:24it's one of the best feelings ever.

0:02:24 > 0:02:28Claire and Gary had saved hard for their family holiday in the sun,

0:02:28 > 0:02:30so it was important they found a good deal.

0:02:30 > 0:02:33I went on the internet and had a look round.

0:02:33 > 0:02:37We did look at other places, but On The Beach came up with

0:02:37 > 0:02:41the best price for the same sort of holiday, the pictures looked nice,

0:02:41 > 0:02:44and the description looked nice,

0:02:44 > 0:02:46which, that's what you look at when you go with other holiday firms.

0:02:46 > 0:02:51The holiday they found was in the Turkish resort of Marmaris.

0:02:51 > 0:02:54We went for a four-star all-inclusive accommodation.

0:02:54 > 0:02:57The flights and transfers were included in the price,

0:02:57 > 0:03:00which made it all that better.

0:03:00 > 0:03:04The two-week holiday came in at £1,900

0:03:04 > 0:03:07and the family would be staying at the four-star Hotel Club Pineta.

0:03:07 > 0:03:09Let the good times roll.

0:03:13 > 0:03:16When we first got to the hotel and we walked up the step

0:03:16 > 0:03:20and there was a drunken person there already.

0:03:20 > 0:03:24He weren't very nice, what he said at first.

0:03:24 > 0:03:26And that's when alarm bells were ringing.

0:03:28 > 0:03:31The first thing the receptionist said was,

0:03:31 > 0:03:35"Oh, your room's not ready yet." This was at 4am.

0:03:35 > 0:03:37Having travelled through the night,

0:03:37 > 0:03:39this wasn't the welcome they'd been hoping for.

0:03:39 > 0:03:44When we went to the breakfast bar at 7am, the food was just...

0:03:44 > 0:03:46The best way to describe it,

0:03:46 > 0:03:48you wouldn't feed it to pigs. It was just awful.

0:03:48 > 0:03:52There were plug sockets hanging off the walls.

0:03:52 > 0:03:55We went into the toilet facilities.

0:03:55 > 0:03:58When you looked in the toilet bowls, they were black.

0:03:58 > 0:04:01There was still toilet paper on the floor that people had used.

0:04:01 > 0:04:04There was broken glass round the swimming pool.

0:04:04 > 0:04:09Broken gutters, the protectors, and broken tiles.

0:04:09 > 0:04:13On one of the banisters, there was a screw sticking up.

0:04:15 > 0:04:19After six hours waiting, the family were finally offered their room.

0:04:19 > 0:04:22Perhaps that at least would live up to the four-star standard

0:04:22 > 0:04:23they were expecting?

0:04:23 > 0:04:29It was a little box room with three single beds crammed into it.

0:04:29 > 0:04:32The air conditioning was held together by a razor blade.

0:04:32 > 0:04:35The fridge was green, mouldy.

0:04:35 > 0:04:39The bed sheets were still wringing wet,

0:04:39 > 0:04:41there was mud all over the floor...

0:04:42 > 0:04:44It weren't nice and it was so cramped.

0:04:44 > 0:04:46Disgusted by the state of it,

0:04:46 > 0:04:49Claire and Gary decided to speak to their rep.

0:04:49 > 0:04:53When the rep turned up and she said who she was, we're thinking,

0:04:53 > 0:04:56"Are you not from On The Beach?"

0:04:56 > 0:04:58She said, "No, I'm from YouTravel."

0:04:58 > 0:05:02She said On The Beach use YouTravel for their accommodation.

0:05:02 > 0:05:05This revelation came as a slight shock to Claire and Gary

0:05:05 > 0:05:08but, having booked the holiday with On The Beach,

0:05:08 > 0:05:11they thought it was them they needed to speak to,

0:05:11 > 0:05:14so Claire contacted her mum in the UK to ask for help.

0:05:14 > 0:05:18Between them, Claire and her mum tried to get the matter sorted out.

0:05:18 > 0:05:22Whilst we were making phone calls to On The Beach from the UK,

0:05:22 > 0:05:26Gary and Claire were using their mobiles in Turkey,

0:05:26 > 0:05:29running up extortionate bills

0:05:29 > 0:05:31trying to get information

0:05:31 > 0:05:35with regard to moving them to somewhere, a decent hotel.

0:05:38 > 0:05:42The YouTravel rep arranged for the family to be moved to a three-star hotel

0:05:42 > 0:05:45until a replacement four-star could be found.

0:05:45 > 0:05:47But this hotel wasn't all-inclusive

0:05:47 > 0:05:50so the family had to fork out on food. But eventually...

0:05:53 > 0:05:55After being passed from pillar to post

0:05:55 > 0:06:00for the three days, we got offered the Pasa Beach.

0:06:00 > 0:06:04When you walked into Pasa Beach, you knew it was a four-star.

0:06:04 > 0:06:08You had an overwhelming feeling, "Whoa, how good is this?"

0:06:08 > 0:06:11It was lovely when you walked in. The staff were friendly.

0:06:11 > 0:06:15We sort of got butterflies, but these were nice butterflies.

0:06:15 > 0:06:18We were looking forward to moving over there.

0:06:18 > 0:06:22So they wasted no time and phoned On The Beach.

0:06:22 > 0:06:26'Said, "Yes, we'll have this hotel," and that's when the rep'

0:06:26 > 0:06:28on the On The Beach line said,

0:06:28 > 0:06:32"The only thing is, you've got to pay an extra £1,000."

0:06:32 > 0:06:33Hang on a minute, £1,000?

0:06:33 > 0:06:36So, having paid £1,900 for their holiday

0:06:36 > 0:06:39they were now being asked to stump up a further grand

0:06:39 > 0:06:42to get the four-star all-inclusive accommodation

0:06:42 > 0:06:44they thought they'd originally booked.

0:06:44 > 0:06:46My heart just sank because I thought,

0:06:46 > 0:06:48"Where are we going to find this extra money?"

0:06:48 > 0:06:51It was money that we didn't have at the time.

0:06:51 > 0:06:56Help was at hand. Claire's mum offered to pay the £1,000.

0:06:56 > 0:06:59Claire and Gary decided they would dispute the additional money

0:06:59 > 0:07:02with On The Beach when they returned home, and for now they moved

0:07:02 > 0:07:06into the Pasa Beach Hotel and got on with enjoying their holiday.

0:07:06 > 0:07:08We'd got treated like royalty, basically.

0:07:08 > 0:07:11It was a total different atmosphere, wasn't it?

0:07:11 > 0:07:13Yeah, it was like you'd gone on a different planet.

0:07:13 > 0:07:18It was like a traumatic experience to, like, heaven, basically.

0:07:21 > 0:07:25Back in the UK, Claire and Gary contacted On The Beach to complain.

0:07:25 > 0:07:29They asked the company to refund the £1,000 they'd had to pay

0:07:29 > 0:07:32for the hotel, plus around £500 they had to spend on meals

0:07:32 > 0:07:36and phone calls in Turkey whilst trying to sort things out.

0:07:37 > 0:07:40When they got back in contact eventually, it was from YouTravel

0:07:40 > 0:07:42and not from On The Beach.

0:07:42 > 0:07:46On The Beach had passed the couple's complaints to the hotel provider,

0:07:46 > 0:07:52YouTravel, who offered the couple £555 in compensation.

0:07:52 > 0:07:55But, believing they were £1,500 out of pocket,

0:07:55 > 0:07:57the couple turned this offer down,

0:07:57 > 0:08:00and they still haven't got what they feel they're entitled to.

0:08:02 > 0:08:04Claire and Gary's holiday sounds like it was stressful

0:08:04 > 0:08:06from start to finish,

0:08:06 > 0:08:08and even though they're back now it's still not over

0:08:08 > 0:08:11because they're more than a grand out of pocket!

0:08:11 > 0:08:12But I'm on the case now,

0:08:12 > 0:08:16so let's see if I can bring back some of that holiday cheer!

0:08:16 > 0:08:19On The Beach was founded in 1995.

0:08:19 > 0:08:22It is one of the UK's leading online travel agencies,

0:08:22 > 0:08:26accounting for over 750,000 holidaymakers every year.

0:08:27 > 0:08:30I'm keen to hear what they have to say

0:08:30 > 0:08:32about Claire and Gary's experience

0:08:32 > 0:08:34and I've made contact with the company

0:08:34 > 0:08:38to let them know I'm on the case. I've outlined the family's situation

0:08:38 > 0:08:40and hopefully I'll hear back from them soon.

0:08:45 > 0:08:49Some things in life we expect to pay for up front -

0:08:49 > 0:08:51cinema tickets and holidays, for example.

0:08:51 > 0:08:54Other things you never would,

0:08:54 > 0:08:56like loft conversions or a meal.

0:08:56 > 0:08:59But what if you found out you had to pay up front

0:08:59 > 0:09:03for the privilege of borrowing money? I smell a rat.

0:09:03 > 0:09:06And that's exactly what happened to Jorge Santos

0:09:06 > 0:09:10when he decided to take out a loan to buy a new car.

0:09:11 > 0:09:17This one gave me the option of three years for £1,500.

0:09:17 > 0:09:19That's why I went ahead with it.

0:09:19 > 0:09:22So having found the right loan for him,

0:09:22 > 0:09:24he kept his fingers crossed and called the company.

0:09:24 > 0:09:27Because of everything they were telling me over the phone,

0:09:27 > 0:09:32I was feeling confident that they were going to lend me the money.

0:09:32 > 0:09:37And, luckily for Jorge, he didn't have to wait long for an answer.

0:09:37 > 0:09:39They called be back on the same day.

0:09:39 > 0:09:43They told me that my £1,500 loan was approved.

0:09:43 > 0:09:48'I felt very relieved because they were telling me that'

0:09:48 > 0:09:50they were going to approve my loan,

0:09:50 > 0:09:53I was counting on having my problems solved.

0:09:53 > 0:09:55Jorge finally had some good news

0:09:55 > 0:09:58but the company wanted more than his signature

0:09:58 > 0:10:00before they handed over the cash.

0:10:02 > 0:10:06I never thought that I would have to pay anything up front,

0:10:06 > 0:10:11but when they asked me to give them the first payment,

0:10:11 > 0:10:15they said it would be a first instalment...

0:10:15 > 0:10:18first time that I had to pay something back, give them money,

0:10:18 > 0:10:21it would be the first instalment out of my...

0:10:23 > 0:10:25..my monthly instalment that I had to pay.

0:10:25 > 0:10:30Paying out money in order to borrow some? Not an ideal situation

0:10:30 > 0:10:33but one familiar to the Financial Ombudsman Service,

0:10:33 > 0:10:36who are just one of the many consumer organisations

0:10:36 > 0:10:39who deal with complaints about upfront-fee loans.

0:10:39 > 0:10:42We receive a steady flow of cases about upfront fees

0:10:42 > 0:10:44and what's known as credit broking.

0:10:44 > 0:10:47We get about 50 cases a month on this sort of subject.

0:10:47 > 0:10:52In Jorge's case, the company wanted an upfront payment of £100

0:10:52 > 0:10:55to be paid using an electronic money voucher.

0:10:55 > 0:10:58Jorge took his cash and bought the £100 voucher,

0:10:58 > 0:11:01which he then submitted to the company's website.

0:11:01 > 0:11:02Unlike credit or debit cards,

0:11:02 > 0:11:06there is no way of tracing or reversing this type of voucher.

0:11:06 > 0:11:08But, with the first instalment paid off,

0:11:08 > 0:11:10Jorge waited to get his hands on the loan.

0:11:10 > 0:11:15The following day, I get a...

0:11:15 > 0:11:19This was always after I'd given them money,

0:11:19 > 0:11:21always the following day

0:11:21 > 0:11:24'at 9am, they are phoning me back again,

0:11:24 > 0:11:27'saying, "Look, you have to pay a transfer fee,"'

0:11:27 > 0:11:34which...they had to get that money to make the transfer into my account

0:11:34 > 0:11:37and nothing came into my account.

0:11:37 > 0:11:41So Jorge has paid the first instalment and a transfer fee

0:11:41 > 0:11:46of £150, but still the loan hadn't been put into his account.

0:11:46 > 0:11:50The way they speak to you over the phone, like they nearly...

0:11:50 > 0:11:54They nearly guarantee you that you are going to get the money, you know,

0:11:54 > 0:11:57if you pay that, you get the money, you know,

0:11:57 > 0:11:59so that's why I went ahead with it.

0:11:59 > 0:12:03And that wasn't the only upfront fee he had to pay.

0:12:03 > 0:12:07There followed a guarantor fee of £200 and an error fee of £300.

0:12:09 > 0:12:11It... It was a bad situation.

0:12:11 > 0:12:15'I was under financial pressure.'

0:12:15 > 0:12:18I found myself in a bit of a difficulty.

0:12:18 > 0:12:22And each time Jorge paid a fee, he was told the costs were refundable

0:12:22 > 0:12:26but if he didn't pay he would lose the money he had already given them.

0:12:26 > 0:12:29I didn't have that money and I told them I didn't have the money.

0:12:29 > 0:12:34They said, "Look, we can't help you with anything if you don't get that money."

0:12:35 > 0:12:37This sounds really dodgy.

0:12:37 > 0:12:39If you enter into a loan agreement,

0:12:39 > 0:12:41so you go to somebody and they help arrange the loan,

0:12:41 > 0:12:44once you have actually entered into the loan agreement

0:12:44 > 0:12:46you are usually obliged to still pay the fee

0:12:46 > 0:12:49and won't normally be able to get that back.

0:12:50 > 0:12:53Feeling he had no choice but to stump up the cash,

0:12:53 > 0:12:55Jorge turned to his boss to borrow some money

0:12:55 > 0:12:57and sent off another payment.

0:12:57 > 0:13:04They told me that this would be the last payment of 350 for the solicitor

0:13:04 > 0:13:09and he would be at my door with all the amount of money to give to me.

0:13:09 > 0:13:13Sounds too good to be true. And that's what Jorge thought.

0:13:13 > 0:13:16When they told me the solicitor would be coming to my house

0:13:16 > 0:13:18and he would be here in two hours' time

0:13:18 > 0:13:21that's when I found it a bit strange,

0:13:21 > 0:13:25because, seeing that they aren't based in London,

0:13:25 > 0:13:26I found it a bit strange.

0:13:28 > 0:13:32'Although I still came home and I still waited,'

0:13:32 > 0:13:35I was just desperately hoping he would come, you know,

0:13:35 > 0:13:37after the amount of money I gave to them.

0:13:37 > 0:13:40Guess what - there was no knock at the door,

0:13:40 > 0:13:42but he continued to wait.

0:13:42 > 0:13:48I waited for the following day to see what was going to happen.

0:13:48 > 0:13:52'As soon as it struck 9am I had a phone call from them'

0:13:52 > 0:13:57saying that I had to pay another £400.

0:13:59 > 0:14:04This payment of £400 would bring the total of upfront fees to £1,500.

0:14:04 > 0:14:08Hang on a minute! That's the same amount he wanted to borrow in the first place.

0:14:08 > 0:14:11It got to the point, saying, "I haven't got money for myself.

0:14:11 > 0:14:15"I have a family to take care of and everything.

0:14:15 > 0:14:17"I haven't got any more money. I can't give it."

0:14:17 > 0:14:19Jorge was desperate.

0:14:19 > 0:14:22He had no choice but to try and get his money back,

0:14:22 > 0:14:26but guess what again - he was then told that, not surprisingly,

0:14:26 > 0:14:30he would need to pay a cancellation fee of £120.

0:14:30 > 0:14:34Jorge finally admitted defeat and refused to pay the £400

0:14:34 > 0:14:36and stopped all further payments.

0:14:36 > 0:14:40However, at this point he'd already shelled out £1,100 in fees

0:14:40 > 0:14:45in exchange for a £1,500 loan which never even materialised.

0:14:45 > 0:14:48I spoke to my girlfriend and told her, "Look, we have lost that.

0:14:48 > 0:14:51"It's my fault. Let's just carry on."

0:14:51 > 0:14:56'I don't know how I let myself get into all this.'

0:14:57 > 0:15:01At this point I'm feeling... I'm feeling like a fool

0:15:01 > 0:15:06and I'm feeling also, you know, shocked with everything

0:15:06 > 0:15:11'but of course if I have to look at it back

0:15:11 > 0:15:15'I've got to say it was also my fault

0:15:15 > 0:15:20'because we do hear about so many loan companies'

0:15:20 > 0:15:23not complying with what they promised

0:15:23 > 0:15:29and I go fall in the same trap as what we hear, you know.

0:15:29 > 0:15:33And unfortunately for Jorge, he's not the only one to come a cropper.

0:15:33 > 0:15:35Neil from Staines also e-mailed me.

0:15:35 > 0:15:40He had to pay upfront fees of £420 to process a five grand loan.

0:15:40 > 0:15:42When Neil asked for his money back,

0:15:42 > 0:15:46the company demanded a £75 cancellation fee.

0:15:46 > 0:15:48And Anika from Birmingham,

0:15:48 > 0:15:52who in the lead-up to Christmas applied for a £3,000 loan.

0:15:52 > 0:15:56Anika ended up paying £350 in process and error fees

0:15:56 > 0:15:59but when she refused to pay any more and asked for a refund,

0:15:59 > 0:16:01she never received a penny.

0:16:01 > 0:16:03But how can lenders get away with this?

0:16:03 > 0:16:05Are there no rules and regulations?

0:16:05 > 0:16:08Loans are covered by the Consumer Credit Act 1974.

0:16:08 > 0:16:12There is nothing illegal about upfront loan fees in themselves

0:16:12 > 0:16:16so people can arrange a loan for you and charge a fee for that.

0:16:16 > 0:16:20The problem arises if actually no loan is then arranged.

0:16:20 > 0:16:23Legitimate companies can charge an upfront fee,

0:16:23 > 0:16:26but they have to tell you in advance about them

0:16:26 > 0:16:28and, of course, have to give you your loan.

0:16:28 > 0:16:31Sadly, in Jorge's case, none of that happened

0:16:31 > 0:16:34and he got drawn into what seems to be a scam

0:16:34 > 0:16:36that left him £1,100 worse off

0:16:36 > 0:16:39without any hope of seeing his money again.

0:16:40 > 0:16:43So what can you do to stop yourself falling victim?

0:16:43 > 0:16:47Do the research yourself. There's an awful lot of information online.

0:16:47 > 0:16:49Shop around, think carefully

0:16:49 > 0:16:52before you decide whether you need someone to help you with that

0:16:52 > 0:16:55and whether you want to pay an upfront fee for that.

0:16:55 > 0:16:58But it's really important that people understand what that fee is

0:16:58 > 0:17:02and they think very carefully whether it is right for them before they go ahead.

0:17:02 > 0:17:05Jorge decided not to take any action against this loan company

0:17:05 > 0:17:08but if you find yourself in a similar situation

0:17:08 > 0:17:11you could take your complaint to the FOS.

0:17:11 > 0:17:13The Financial Ombudsman Service

0:17:13 > 0:17:17is here for anybody who has a problem with a financial product.

0:17:17 > 0:17:19'We're here to look at things independently'

0:17:19 > 0:17:22and see if we can help put things right.

0:17:22 > 0:17:25Although there was a time when "being upfront" meant being honest

0:17:25 > 0:17:28and frank, when it comes to borrowing money these days,

0:17:28 > 0:17:30it can mean exactly the opposite.

0:17:30 > 0:17:33So remember, before you shell out, do a bit of research.

0:17:33 > 0:17:35Make sure you don't get done.

0:17:42 > 0:17:44The Saunders family contacted me

0:17:44 > 0:17:48after their holiday didn't get off to the relaxing start they hoped.

0:17:48 > 0:17:50Having saved up for a £1,900

0:17:50 > 0:17:53all-inclusive four-star two-week break in Turkey,

0:17:53 > 0:17:56they were left sorely disappointed with the hotel.

0:17:58 > 0:18:01The pool was that dirty, you couldn't see the bottom of the pool!

0:18:01 > 0:18:04And when they were finally moved to a suitable alternative

0:18:04 > 0:18:07they then had to shell out a further £1,000,

0:18:07 > 0:18:11which they had to borrow from their parents back in the UK.

0:18:11 > 0:18:16From us worrying how to pay the money back for all the extras

0:18:16 > 0:18:20that we had to pay for, luckily we have parents that help us out.

0:18:20 > 0:18:24'I've already contacted On The Beach to try and get to the bottom of this

0:18:24 > 0:18:28'and let them know I'll be the one dealing with things from now on.'

0:18:28 > 0:18:29On The Beach have got back to me

0:18:29 > 0:18:33stating that they've forwarded a letter to Mr and Mrs Saunders

0:18:33 > 0:18:36from their hotel provider, a company called YouTravel,

0:18:36 > 0:18:38and in that letter it states that

0:18:38 > 0:18:40they would give a full refund for the Hotel Pineta.

0:18:42 > 0:18:44Well, it was a step in the right direction

0:18:44 > 0:18:48but it still left the family out of pocket. As we know,

0:18:48 > 0:18:51the couple had never heard of the hotel provider YouTravel

0:18:51 > 0:18:55until they complained about the Hotel Club Pineta.

0:18:55 > 0:18:59And what should have been a simple complaints process became complicated.

0:19:00 > 0:19:03We wanted something from On The Beach, really,

0:19:03 > 0:19:06because that's who we'd booked with, not YouTravel.

0:19:06 > 0:19:08OK, so flights, accommodation

0:19:08 > 0:19:12and transfers were all booked through On The Beach.

0:19:12 > 0:19:16That sounds to me like a package holiday.

0:19:16 > 0:19:19And, if so, Claire and Gary should be protected by

0:19:19 > 0:19:22the Package Travel Regulations.

0:19:22 > 0:19:25These mean that the company who provides your package holiday

0:19:25 > 0:19:28has a responsibility to provide the elements of your holiday

0:19:28 > 0:19:30in line with what you've paid for.

0:19:30 > 0:19:32Certainly sounds to me like they should have been covered.

0:19:32 > 0:19:36I think it's time I got in contact with On The Beach.

0:19:36 > 0:19:37I've sent them another e-mail

0:19:37 > 0:19:41asking them who is actually responsible for what went wrong,

0:19:41 > 0:19:44and why they've forwarded the couple's complaints to YouTravel

0:19:44 > 0:19:46when the couple were of the firm belief

0:19:46 > 0:19:49they had bought an On The Beach package holiday.

0:19:49 > 0:19:51Now, when Claire booked her holiday,

0:19:51 > 0:19:55she felt reassured that On The Beach was a member of ABTA,

0:19:55 > 0:19:57the Association of British Travel Agents,

0:19:57 > 0:20:00and this would mean even more protection.

0:20:00 > 0:20:04We went with On The Beach because it was ABTA and ATOL protected

0:20:04 > 0:20:07and that gave us a peace of mind that, no matter what,

0:20:07 > 0:20:09we'd have help if we needed it.

0:20:09 > 0:20:13'Well, I've come to meet the association's Sean Tipton

0:20:13 > 0:20:15'to try to get a clearer picture

0:20:15 > 0:20:17'of what Claire and Gary should be entitled to.'

0:20:17 > 0:20:18Sean, nice to see you.

0:20:18 > 0:20:21Can you explain to our viewers about Package Travel Regulations?

0:20:21 > 0:20:24Package Travel Regulations were a law that came in in 1992,

0:20:24 > 0:20:27and basically it was an attempt at the time

0:20:27 > 0:20:31to ensure that all holidays for people travelling abroad

0:20:31 > 0:20:33would have to be financially protected

0:20:33 > 0:20:35and also the travel companies selling them

0:20:35 > 0:20:38would have to take responsibility for every aspect of the holiday.

0:20:38 > 0:20:40OK, let's explain the difference

0:20:40 > 0:20:43between a package holiday and a non-package holiday, because

0:20:43 > 0:20:46I've found, speaking to people, they're not really sure.

0:20:46 > 0:20:47It's not crystal clear for them.

0:20:47 > 0:20:49There is a legal definition for a package holiday.

0:20:49 > 0:20:52If you booked a flight, plus accommodation,

0:20:52 > 0:20:55and it's all sold at an all-inclusive price by one company,

0:20:55 > 0:20:57you get one invoice through

0:20:57 > 0:20:59and your contract is very clearly with one company,

0:20:59 > 0:21:01that's a classic package holiday.

0:21:01 > 0:21:04Which sounds like what Claire and Gary had booked,

0:21:04 > 0:21:06but, sadly, it's not that simple.

0:21:08 > 0:21:11Because of the internet, it's very easy to book a hotel with a company

0:21:11 > 0:21:14and then say, "Could you get me a flight?"

0:21:14 > 0:21:16And that isn't necessarily a package

0:21:16 > 0:21:19but it's very important that the company selling it,

0:21:19 > 0:21:21if it's not a package, make that very clear to you,

0:21:21 > 0:21:22so you know from day one

0:21:22 > 0:21:27that it's two separate things you're talking about, rather than a package.

0:21:28 > 0:21:30Obviously something was amiss

0:21:30 > 0:21:33when Claire and Gary Booked their holiday with On The Beach.

0:21:33 > 0:21:34With that in mind, I've asked them

0:21:34 > 0:21:37to take another look at their holiday information

0:21:37 > 0:21:41and the On The Beach website to see if they DID book a package holiday.

0:21:42 > 0:21:45The only thing that was wrong with the package holiday

0:21:45 > 0:21:47was the first hotel.

0:21:49 > 0:21:51The flights were fine.

0:21:51 > 0:21:52I believe it was a package holiday

0:21:52 > 0:21:55because you booked everything with one company

0:21:55 > 0:21:58and paid one price to that company.

0:22:00 > 0:22:02How about what it says in the small print?

0:22:02 > 0:22:05"On The Beach Ltd", it says there straightaway. "Ltd".

0:22:05 > 0:22:11"As an online travel agent, we don't sell package holidays..."

0:22:12 > 0:22:16Hold on. If they don't sell package holidays, what did we get?

0:22:18 > 0:22:20A package holiday!

0:22:20 > 0:22:23We made our own holiday, they're saying,

0:22:23 > 0:22:28so we purchased off other people through them.

0:22:28 > 0:22:32"We do not sell package holidays. We let you build your own

0:22:32 > 0:22:37"by giving you access to our wide range of cheap flights,

0:22:37 > 0:22:39"hotels, and transfer."

0:22:39 > 0:22:44- So that's saying that we didn't buy a package holiday.- No.

0:22:44 > 0:22:46So we've made a boo-boo.

0:22:47 > 0:22:49So, both the On The Beach website

0:22:49 > 0:22:53and the couple's paperwork do state they don't provide package holidays.

0:22:53 > 0:22:57Unfortunately, the couple didn't realise this.

0:22:57 > 0:22:59But are Claire and Gary alone in their confusion

0:22:59 > 0:23:02or is this something other holidaymakers experience?

0:23:02 > 0:23:05The man to tell us is Frank Brehany,

0:23:05 > 0:23:09MD of the consumer organisation Holiday Travel Watch.

0:23:09 > 0:23:12The problem for consumers when they buy these holidays

0:23:12 > 0:23:14is that they're not being given

0:23:14 > 0:23:18very clear information about what the product is about.

0:23:19 > 0:23:23Holiday companies are marketing on these beautiful websites

0:23:23 > 0:23:27what looks for all intents and purposes to be package holidays.

0:23:27 > 0:23:30But when consumers have a problem

0:23:30 > 0:23:33they discover, in the terms and conditions, that small print

0:23:33 > 0:23:36that what they bought isn't what they're getting.

0:23:36 > 0:23:39But, as we heard from ABTA, agents are expected to be clear

0:23:39 > 0:23:42about what a consumer is actually buying.

0:23:43 > 0:23:47Consumers go to agents because they trust their skill and care.

0:23:47 > 0:23:51The agent should actually be telling them what the differences are

0:23:51 > 0:23:54between the package holiday or not the package holiday,

0:23:54 > 0:23:57what their rights are, what they're not getting.

0:23:57 > 0:24:00Obviously, that doesn't seem to be playing out

0:24:00 > 0:24:02in the world of the world wide web!

0:24:02 > 0:24:04We've said now for a number of years

0:24:04 > 0:24:07that actually the sale of these holidays on the internet

0:24:07 > 0:24:10should be accompanied with a health warning notice.

0:24:10 > 0:24:15And I'm very pleased to be able to tell that the European Commission agrees with us

0:24:15 > 0:24:19and the new law they're going to bring in to protect holidaymakers

0:24:19 > 0:24:20is going to make sure that

0:24:20 > 0:24:23holiday companies are going to put in such warning notices

0:24:23 > 0:24:26so they know what they're buying at the time.

0:24:26 > 0:24:29Which sounds great, but there are still loads of people out there

0:24:29 > 0:24:33getting tripped up by companies using their small print and T&Cs

0:24:33 > 0:24:34to fend off angry customers.

0:24:35 > 0:24:39'Holidaymakers should never give up the fight

0:24:39 > 0:24:42'in relation to whether it's a package or not.

0:24:42 > 0:24:45'Because the courts actually'

0:24:45 > 0:24:47don't just look at the terms and conditions.

0:24:47 > 0:24:48They'll look at the website,

0:24:48 > 0:24:51they'll look at what the consumer understood it to be,

0:24:51 > 0:24:53they'll look at the exchange of e-mails,

0:24:53 > 0:24:56so you can't just simply go on terms and conditions.

0:24:56 > 0:24:57It's the whole product.

0:24:59 > 0:25:00Thanks, Frank.

0:25:00 > 0:25:03Now, On The Beach do state they don't sell package holidays

0:25:03 > 0:25:05on their web site and in their paperwork

0:25:05 > 0:25:08but, as we've seen, Claire and Gary missed it and assumed

0:25:08 > 0:25:12they were getting a package holiday, and they're not the only ones.

0:25:13 > 0:25:15I've heard from Tracey and her dad John,

0:25:15 > 0:25:17who booked a week's all-inclusive to Greece

0:25:17 > 0:25:21with three other family members through Purple Travel.

0:25:21 > 0:25:24We just wanted a great family atmosphere - near the beach,

0:25:24 > 0:25:26good food, that kind of thing, really.

0:25:26 > 0:25:28Everyone was so looking forward to it.

0:25:28 > 0:25:31Shopping, and everything else, getting ready to go.

0:25:31 > 0:25:33So we were really, really looking forward to it.

0:25:33 > 0:25:35We were only going for a week

0:25:35 > 0:25:38but, you know, it meant such a lot to us this year.

0:25:38 > 0:25:40But when the family finally arrived in Greece

0:25:40 > 0:25:43they didn't get the welcome they'd hoped for!

0:25:43 > 0:25:45We just dumped the bags, went to the reception desk,

0:25:45 > 0:25:47gave them the paperwork,

0:25:47 > 0:25:50and the guy said, "Sorry, we haven't got any rooms for you."

0:25:50 > 0:25:52And you just stand there in shock,

0:25:52 > 0:25:55and go, "What? You've got no rooms? What are we supposed to do?"

0:25:55 > 0:25:58The family was offered an alternative hotel

0:25:58 > 0:26:00but it just wasn't suitable.

0:26:00 > 0:26:03There was a lot of drunk youths around the pool.

0:26:03 > 0:26:05We did go and look at the rooms.

0:26:06 > 0:26:10They expected all five of us to stay in this one room,

0:26:10 > 0:26:14where there was no clean shower area, no shower head,

0:26:14 > 0:26:18there was exposed wires in the bathroom area.

0:26:18 > 0:26:24'We were supposed to have two rooms in the original hotel,'

0:26:24 > 0:26:26one which my mother and father were staying in

0:26:26 > 0:26:29and one which myself, my partner and my daughter were staying in.

0:26:29 > 0:26:31They phoned Purple Travel in the UK,

0:26:31 > 0:26:33who said they would try to find alternative accommodation

0:26:33 > 0:26:36but, with night falling, they took matters into their own hands

0:26:36 > 0:26:38and booked into a self-catering hotel,

0:26:38 > 0:26:41paying almost £800 for the privilege.

0:26:41 > 0:26:44We booked the week in the hotel that we found

0:26:44 > 0:26:48for the simple reason it was suitable for us. The only problem was,

0:26:48 > 0:26:51we then had to go out, breakfast, lunch and dinner, drinks,

0:26:51 > 0:26:53and buy that again.

0:26:53 > 0:26:55So, again, it's all extra expense we've had to pay out.

0:26:55 > 0:26:57Tracey called Purple Travel

0:26:57 > 0:27:00to tell them they had made their own arrangements.

0:27:00 > 0:27:04I did ask if they were willing to pay for the hotel that we'd paid for

0:27:04 > 0:27:07and she said that wasn't something she could deem over the phone

0:27:07 > 0:27:10at that time, and that it would be dealt with when we get back

0:27:10 > 0:27:13and we had to make a written complaint.

0:27:14 > 0:27:17And when they got back to the UK that's exactly what they did.

0:27:17 > 0:27:20We had lots of e-mails backwards and forwards from Purple Travel.

0:27:20 > 0:27:23Basically they stated that it wasn't down to them,

0:27:23 > 0:27:25and that it was down to another company.

0:27:25 > 0:27:26They were then sending e-mails

0:27:26 > 0:27:29which were then getting back to Purple Travel,

0:27:29 > 0:27:30then coming back to us,

0:27:30 > 0:27:33and backwards and forwards for quite a while.

0:27:33 > 0:27:35One travel agent and a separate hotel provider -

0:27:35 > 0:27:37does this sound familiar?

0:27:37 > 0:27:40After having to spend an additional £1,500,

0:27:40 > 0:27:43the family was offered £150, which they rejected.

0:27:43 > 0:27:45I didn't even contact the rest of the family

0:27:45 > 0:27:47to tell them we'd been offered it

0:27:47 > 0:27:50because I did actually think it was a bit of an insult.

0:27:50 > 0:27:53I re-sent back the e-mail to Purple Travel and told them that

0:27:53 > 0:27:56they should look into it a bit further,

0:27:56 > 0:27:59because £150 out of what all we spent was a bit of a joke.

0:27:59 > 0:28:04'After the initial correspondence with Purple Travel,

0:28:04 > 0:28:08'and then backwards and forwards for three weeks with e-mails'

0:28:08 > 0:28:10we got a second offer.

0:28:10 > 0:28:14Which was the grand amount of £453.31!

0:28:16 > 0:28:18And they actually stated that

0:28:18 > 0:28:21that would be their final offer for our holiday.

0:28:24 > 0:28:25Just like Claire and Gary,

0:28:25 > 0:28:28Tracey and John felt they'd had to pay extra to get the holiday

0:28:28 > 0:28:30they thought they'd originally booked,

0:28:30 > 0:28:33and I've dropped Purple Travel an e-mail to ask them

0:28:33 > 0:28:36why they won't pay for the alternative hotel.

0:28:36 > 0:28:38Let's see what they come back with.

0:28:39 > 0:28:42Meanwhile, I'm back to looking at Claire and Gary's case

0:28:42 > 0:28:44with On the Beach.

0:28:44 > 0:28:47Now, interestingly, if your holiday company is a member of ABTA,

0:28:47 > 0:28:49like On The Beach are,

0:28:49 > 0:28:52the hotels they advertise must be accurately described.

0:28:52 > 0:28:56Yet when Claire and Gary arrived at the Hotel Club Pineta in Turkey,

0:28:56 > 0:29:00it certainly didn't live up to its description as a four-star,

0:29:00 > 0:29:04with tired carpets and toilet roll all over the floors of the bathroom.

0:29:07 > 0:29:09We've done a bit of research

0:29:09 > 0:29:14and, if you look at On The Beach's website, at Club Hotel Pineta

0:29:14 > 0:29:17in Marmaris, they rate it as a three-star.

0:29:17 > 0:29:20Hold your horses a minute. When the couple booked the hotel,

0:29:20 > 0:29:23they thought it was a four-star. How come?

0:29:23 > 0:29:26If you go back to the time when they booked their hotel,

0:29:26 > 0:29:28here's their advert.

0:29:28 > 0:29:32"Club Hotel Pineta - four-star".

0:29:32 > 0:29:35Not only that - in a letter sent to the couple from On The Beach,

0:29:35 > 0:29:39their hotel provider, YouTravel, is quoted as saying,

0:29:39 > 0:29:42"The Pineta is rated officially as a three-star property,"

0:29:42 > 0:29:46'which begs the questions, why was the travel agent advertising it

0:29:46 > 0:29:50'as a four-star when the supplier says it's a three?

0:29:50 > 0:29:53'And, more importantly, that meant Claire and Gary paid

0:29:53 > 0:29:55'for what they thought was a four-star hotel.

0:29:55 > 0:29:57'Time to check in with On The Beach.'

0:29:57 > 0:30:00On The Beach have asked us to deal with their PR company.

0:30:00 > 0:30:04Their PR company, once they looked at the facts, have made an offer.

0:30:04 > 0:30:06However, I don't think it's good enough.

0:30:06 > 0:30:08So it's time to give them a call.

0:30:11 > 0:30:15'It's not long before I get through to the person I need to speak to.'

0:30:15 > 0:30:18Gathering by the name of your PR company and the initials,

0:30:18 > 0:30:20you're the MD there, aren't you?

0:30:20 > 0:30:22'I've got the boss of the PR company on the line

0:30:22 > 0:30:25'and he's asked us not to use his voice - fair enough.

0:30:25 > 0:30:27'But I've still got plenty I want to ask him.'

0:30:27 > 0:30:30The Pineta, that was the first one they went to,

0:30:30 > 0:30:33I don't know if you've seen the photos but they're pretty horrific.

0:30:33 > 0:30:36'He tells me that the hotel is popular with holidaymakers

0:30:36 > 0:30:38'and has a cheap and cheerful atmosphere.'

0:30:38 > 0:30:40Unfortunately, I don't think

0:30:40 > 0:30:43four stars should go hand in hand with cheap and cheerful, myself.

0:30:43 > 0:30:44'Here comes my trump card.'

0:30:44 > 0:30:47When this couple bought this holiday,

0:30:47 > 0:30:50On The Beach were advertising it with four gold stars.

0:30:50 > 0:30:52It's now gone down to three. I wondered if On The Beach

0:30:52 > 0:30:55or yourselves can give us a response to that?

0:30:55 > 0:30:59'I certainly hope so, because I think this is a crucial fact in this case.'

0:30:59 > 0:31:01I quite admire the fact they have downgraded it

0:31:01 > 0:31:03as long as they're prepared to acknowledge the fact

0:31:03 > 0:31:05that as far as Claire and Gary are concerned

0:31:05 > 0:31:08they weren't getting what they thought they were.

0:31:08 > 0:31:10'And when I was looking through the correspondence

0:31:10 > 0:31:12'between YouTravel, the hotel provider, and On The Beach,

0:31:12 > 0:31:14'something else has jumped out at me.'

0:31:14 > 0:31:16I've also found out that

0:31:16 > 0:31:19YouTravel offered a different hotel called the Seray

0:31:19 > 0:31:22but that was never, ever offered to Mr and Mrs Saunders

0:31:22 > 0:31:25and, had it been, that probably would have been acceptable.

0:31:25 > 0:31:28So it seems there has been a miscommunication there.

0:31:29 > 0:31:34YouTravel say they made this offer of another hotel to On The Beach

0:31:34 > 0:31:35but the couple say

0:31:35 > 0:31:37On The Beach never told them about this other hotel.

0:31:37 > 0:31:41Miscommunication or not, it's now up to On The Beach to sort it out.

0:31:46 > 0:31:48When you look around you,

0:31:48 > 0:31:51we are bombarded with adverts from companies

0:31:51 > 0:31:53promising us everything in the world

0:31:53 > 0:31:56to try and get us to part with our hard-earned cash.

0:31:56 > 0:31:58It could be two-for-one offers, discounted deals

0:31:58 > 0:32:01or once-in-a-lifetime opportunities.

0:32:01 > 0:32:03And I'm not the only one to think so...

0:32:03 > 0:32:06Every five seconds we see an advert everywhere - on TV,

0:32:06 > 0:32:08radio, newspaper,

0:32:08 > 0:32:11billboards, leaflets - there's advertising everywhere.

0:32:11 > 0:32:15I tend to ignore them, to be honest. If the programme has adverts on

0:32:15 > 0:32:19I'll record it and then fast-forward though the adverts, cos I hate watching adverts.

0:32:19 > 0:32:21I have bought something before which I have seen on the advert

0:32:21 > 0:32:25and I thought, wow, that is amazing, that's the best thing...

0:32:25 > 0:32:27However, not all products deliver on their promises.

0:32:27 > 0:32:32It turned out it wasn't quite as amazing as I thought it was from the advert.

0:32:32 > 0:32:33It's an all-too-familiar story

0:32:33 > 0:32:37for the Advertising Standards Authority, or ASA.

0:32:37 > 0:32:41We receive about 30,000 complaints every year. The majority

0:32:41 > 0:32:44of those complaints relate to misleading advertising,

0:32:44 > 0:32:47where people feel they have been misled

0:32:47 > 0:32:50in their purchase of a product or a service.

0:32:50 > 0:32:53The role of the ASA is to ensure that claims made

0:32:53 > 0:32:58in adverts can be made to stand up so that we consumers aren't misled.

0:32:58 > 0:33:02Consumers should expect to trust what they see and hear in ads

0:33:02 > 0:33:07and it is the advertiser who is responsible for all the claims that they make within them.

0:33:07 > 0:33:10However, it seems not all companies are delivering on the claims

0:33:10 > 0:33:14or promises they advertise, if my inbox is anything to go by.

0:33:14 > 0:33:17I've had an e-mail from a lady called Cheryl, who tells me

0:33:17 > 0:33:20she wanted a new saddle for her horse.

0:33:20 > 0:33:23She found a company online who offered a satisfactory fit

0:33:23 > 0:33:25or your money back.

0:33:25 > 0:33:29Now, in Cheryl's case, she didn't think it was a satisfactory fit

0:33:29 > 0:33:33and went back to the company - but they refused to give her a refund.

0:33:33 > 0:33:38All advertisers need to be clear and upfront about their offers

0:33:38 > 0:33:40and if there are any significant limitations to those offers

0:33:40 > 0:33:43they should be made clear in the ad.

0:33:43 > 0:33:46But what if there aren't any significant limitations?

0:33:46 > 0:33:49If it's as simple as saying that a full refund will be given

0:33:49 > 0:33:52irrespective of the time frame,

0:33:52 > 0:33:55then I think there is the potential for that ad to be misleading.

0:33:57 > 0:34:01For Cheryl it was the money-back guarantee that really

0:34:01 > 0:34:04appealed to her and made her spend her hard-earned cash.

0:34:04 > 0:34:07Cheryl gave the company numerous opportunities to adjust

0:34:07 > 0:34:12the saddle but each time it came back it still wouldn't fit properly.

0:34:12 > 0:34:15Eventually she took it to an independent expert who told her

0:34:15 > 0:34:18that the build of the saddle was fundamentally wrong

0:34:18 > 0:34:21and that it was never going to be a good fit.

0:34:21 > 0:34:25Therefore, in order to live up to their promise of a satisfactory fit

0:34:25 > 0:34:29or your money back, the company should have given Cheryl a refund.

0:34:30 > 0:34:35And it seems it's not just Cheryl who was won over by advertising.

0:34:35 > 0:34:37My inbox is full of e-mails from those of you who have been swayed

0:34:37 > 0:34:41by promises of free trials of health

0:34:41 > 0:34:43and beauty products with online adverts.

0:34:43 > 0:34:45Take Di's e-mail here -

0:34:45 > 0:34:50she came across a company who promised a beauty product worth £49

0:34:50 > 0:34:54for just £3.95 postage and packaging. What a bargain!

0:34:54 > 0:34:56So Di snapped it up.

0:34:56 > 0:34:59But when she checked her credit card bill at the end of the month

0:34:59 > 0:35:04she'd been charged £100 - not such a pretty deal after all.

0:35:04 > 0:35:05The company Di had contacted,

0:35:05 > 0:35:09Dead Sea Beauty, are one of thousands offering trials like this.

0:35:09 > 0:35:14Trials are a legitimate way of incentivising consumers

0:35:14 > 0:35:18to take advantage of a product. The problem occurs where significant

0:35:18 > 0:35:23limitations of the trial offer is not made clear to consumers.

0:35:23 > 0:35:26Fortunately, the ASA have the power to take action

0:35:26 > 0:35:29against companies whose advertising isn't clear enough.

0:35:29 > 0:35:33And in the case of Dead Sea Beauty that's exactly what they did.

0:35:33 > 0:35:36In this case, we considered that the ad was misleading

0:35:36 > 0:35:40because the ad did not make clear that if the beauty products

0:35:40 > 0:35:44were not returned within 30 days then they would be liable for a subscription.

0:35:44 > 0:35:47So in this case we thought it was misleading.

0:35:47 > 0:35:50We have requested a statement from Dead Sea's parent company,

0:35:50 > 0:35:52DS Advertising, allowing them

0:35:52 > 0:35:55to comment on the issues raised in Di's e-mail to me.

0:35:55 > 0:35:58And also I pointed out that she wasn't the only person

0:35:58 > 0:36:01who had written to me about their free trials

0:36:01 > 0:36:03and subsequent subscription withdrawals.

0:36:03 > 0:36:05DS Advertising has not yet responded.

0:36:07 > 0:36:11As consumers, what should we be looking out for?

0:36:11 > 0:36:13The company needs to be upfront

0:36:13 > 0:36:16and clear about the full nature of the offer.

0:36:16 > 0:36:20Be warned, companies, it's not just me keeping an eye on your promises.

0:36:20 > 0:36:21Advertisers always have

0:36:21 > 0:36:26and always will show their products in their best light

0:36:26 > 0:36:29but they shouldn't exaggerate what their products or services should do.

0:36:29 > 0:36:32If we find that an ad hasn't stuck to the rules then

0:36:32 > 0:36:33we can withdraw that ad

0:36:33 > 0:36:36and we can make sure that it doesn't appear again in the same form.

0:36:43 > 0:36:46I've taken on the cases of Claire and Gary and Tracey and John,

0:36:46 > 0:36:49who both had holiday troubles and are not satisfied

0:36:49 > 0:36:53with how they were treated by their travel companies.

0:36:53 > 0:36:57So that's two families who thought they'd booked a package holiday

0:36:57 > 0:36:59and then found out they hadn't,

0:36:59 > 0:37:01but then had to pay extra money

0:37:01 > 0:37:03to stay in the same standard of hotel

0:37:03 > 0:37:06that they thought they had booked in the first place.

0:37:07 > 0:37:11Well, I've been in touch with both On The Beach and Purple Travel

0:37:11 > 0:37:14in the hope I can get some of this money back.

0:37:14 > 0:37:19We went all-inclusive just simply so that we had everything paid for,

0:37:19 > 0:37:21you had nothing else to worry about.

0:37:21 > 0:37:25And then when we got home we had to find some way of paying

0:37:25 > 0:37:26that money back.

0:37:26 > 0:37:28We had obviously already paid for the first one

0:37:28 > 0:37:33and I'd explained this to Purple Travel at the time, on the phone.

0:37:33 > 0:37:37But the lady said to me, "There's not really a way we can deal with this now.

0:37:37 > 0:37:40"It would have to be dealt with when you get back off your holiday."

0:37:40 > 0:37:42Purple Travel have told me that,

0:37:42 > 0:37:46while they apologise for the customer's dissatisfaction,

0:37:46 > 0:37:50they have to allow time for a hotel provider to find alternative accommodation.

0:37:50 > 0:37:54So if you're in dispute you need to give a company time to put it right.

0:37:54 > 0:37:58If you have to - book yourself into a hotel for just one night.

0:37:58 > 0:38:02Any more and you could be jeopardising your legal rights.

0:38:02 > 0:38:04Tracey and her family booked themselves into a hotel

0:38:04 > 0:38:08for the rest of their stay... not giving Purple Travel or

0:38:08 > 0:38:10the hotel provider enough time to put things right.

0:38:10 > 0:38:14We actually needed somewhere to stay for the night. Obviously we had

0:38:14 > 0:38:18no alternative but to book. But we had to book them for the week.

0:38:18 > 0:38:22Purple Travel is still upholding its offer for £453

0:38:22 > 0:38:26but it's not the news Tracey and John were hoping for.

0:38:26 > 0:38:28For Purple Travel to have offered us, you know,

0:38:28 > 0:38:31basically the hotel cost back is very disappointing.

0:38:31 > 0:38:32Because, you know,

0:38:32 > 0:38:36- we did pay out a lot more than what we're getting back.- Yeah.

0:38:36 > 0:38:39I suppose I can see it from their point of view,

0:38:39 > 0:38:41we went ahead and booked the extra hotel.

0:38:41 > 0:38:44We do understand the decision that has been made

0:38:44 > 0:38:47and it has opened our eyes now

0:38:47 > 0:38:51to the processes we would take for the next time.

0:38:51 > 0:38:54Definitely taught us a lesson, definitely.

0:38:54 > 0:38:58It's not the outcome Tracey and John wanted but regulations and

0:38:58 > 0:39:03procedures are in place to protect both the company and the customer.

0:39:03 > 0:39:04So what about On The Beach?

0:39:04 > 0:39:08Well, Claire and Gary had rejected an offer of £555

0:39:08 > 0:39:11from the hotel supplier YouTravel

0:39:11 > 0:39:15because they felt they were out of pocket by more than £1,500.

0:39:15 > 0:39:20But the couple have been in touch to say they've been made another offer,

0:39:20 > 0:39:22so I've come to meet them to find out more.

0:39:22 > 0:39:24Will it be enough to banish the memory of

0:39:24 > 0:39:27when they arrived at their first hotel in Turkey?

0:39:27 > 0:39:30- Good to see you, guys. Are you all right?- Yeah.

0:39:30 > 0:39:33Right - I tell you what, you're smiling and now you're smiling.

0:39:33 > 0:39:36Who is going to tell me the news?

0:39:37 > 0:39:40- Do you want to say it?- Yeah.

0:39:40 > 0:39:43We got our money back from On The Beach

0:39:43 > 0:39:48and it's all going towards a new venture for us.

0:39:48 > 0:39:53- A new holiday...? - No. An extension to the house.

0:39:53 > 0:39:58- OK.- Loft conversion.- Something a bit more permanent than a holiday? OK.- Yes.

0:39:58 > 0:40:01'It's taken over 18 months but they have finally got a full refund

0:40:01 > 0:40:05'for the £1,000 spent on the alternative hotel,

0:40:05 > 0:40:12'plus all their other out-of-pocket expenses - a total of £1,523.46.'

0:40:12 > 0:40:16- So are you happy?- Definitely.- Very happy.- Are you sure?- Yes.- Yeah.

0:40:16 > 0:40:21We spoke to both On The Beach and YouTravel asking for a final word.

0:40:21 > 0:40:23YouTravel explained how they...

0:40:26 > 0:40:29Claire and Gary declined this offer and it had now been replaced

0:40:29 > 0:40:33by the larger settlement offered by On The Beach.

0:40:33 > 0:40:34On the Beach told us how they

0:40:34 > 0:40:38sincerely apologise, as they did not deal with the complaint in a swift

0:40:38 > 0:40:42and efficient manner and they would like to highlight that...

0:40:48 > 0:40:50They also tell us that:

0:40:57 > 0:41:00And, most importantly for me, they also told me

0:41:00 > 0:41:04they have downgraded the star rating of the Club Hotel Pineta.

0:41:06 > 0:41:09And as for the Club Hotel Pineta, we contacted them

0:41:09 > 0:41:12and invited them to respond to the issues raised in the programme.

0:41:12 > 0:41:14They told us:

0:41:24 > 0:41:25And on top of that...

0:41:36 > 0:41:38Which is good news for Claire

0:41:38 > 0:41:42and Gary and they can finally put their holiday woes behind them!

0:41:42 > 0:41:45We were just getting fed up, to the stage where we thought,

0:41:45 > 0:41:49they are going to win. We were not happy in that

0:41:49 > 0:41:51but we thought, we're going to give up otherwise we will

0:41:51 > 0:41:55- get more and more stressed.- Yeah.

0:41:55 > 0:41:58So thank you very much, Dom, for helping us out.

0:41:58 > 0:42:01Thanks for bringing it to the attention of everybody.

0:42:04 > 0:42:08I'm very happy for Claire and Gary, as things have finally worked out in their favour.

0:42:08 > 0:42:11But it has highlighted a few points we all need to be very aware of.

0:42:13 > 0:42:16And in particular the importance of knowing

0:42:16 > 0:42:19whether or not you are booking a package holiday,

0:42:19 > 0:42:21and, if not, exactly who is responsible

0:42:21 > 0:42:23for each element of that holiday.

0:42:24 > 0:42:27Well, I thought that was it, show over, job done,

0:42:27 > 0:42:30shut the door on your way out, turn the lights out.

0:42:30 > 0:42:32But then I got some surprising news...

0:42:32 > 0:42:36Since we last met them, there has been a development for Tracey and John.

0:42:36 > 0:42:40We've got an updated letter from Purple Travel,

0:42:40 > 0:42:43saying that basically that they would like to give us

0:42:43 > 0:42:48an extra £2,000 so we're not so badly out of pocket.

0:42:48 > 0:42:50- Very, very happy now.- Yeah.

0:42:50 > 0:42:55- It has actually made the day.- Yeah. Very good. Thank you, Purple Travel.

0:42:55 > 0:42:59Also, thank you, Dom, because this would not have happened without him.

0:43:01 > 0:43:02I don't half love surprises!