Holidays Don't Get Done Get Dom


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Transcript


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'My name is Dominic Littlewood,

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'and I'm passionate about taking on your consumer battles.

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'In fact, taking companies to task has become my goal in life.'

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"Do you think she deserves her money back?" I said, "Yeah."

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'Big or small - no company is excused from my quest

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'to ensure that you get what you're entitled to.'

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We were left with no washing machine, no sink, no cooker.

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This was quite difficult with a young son of four.

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'Whether it's getting your money back...

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"It was extraordinary circumstances.

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"You're not entitled to any sort of compensation at all."

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'..or getting to the bottom of your contract

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'and terms and conditions.'

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The reason being, what I'm doing, I just want to clarify whether

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all these sales reps are in the right position to judge

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what product's suitable for a customer.

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'Whatever the issues, I'm here to help.'

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We all need a break from the rat race,

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but I help a family whose holiday was less than relaxing.

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It was just a wild goose chase that didn't need to happen.

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Also, when borrowing cash leaves some of you out of pocket.

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I'm feeling like a fool.

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And I give you the lowdown

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on what to do if an ad is too good to be true.

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I'm taking on your consumer problems to make sure you don't get done!

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Every year, millions of us escape the hustle and bustle of life

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to relax and recharge on holiday.

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But what happens when you get to your destination

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and the dream holiday you thought you booked

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turns out to be a nightmare? Who do you turn to?

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And that's the problem Claire and Gary Saunders from Nottingham faced

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when the hotel they booked in Turkey didn't meet their expectations.

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I'm a builder and I've been on some sites that are better.

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It was disgusting.

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I wouldn't have even let a tramp stop in a room like that.

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After having to move to alternative accommodation,

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the couple were left out of pocket

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and they've been in dispute with their holiday company ever since.

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'So they've contacted me to see if I can help.'

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We paid for a four-star hotel when we booked the holiday.

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-We just wanted what we paid for, really.

-Yeah.

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Back in April, when the couple booked,

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they had no idea of what lay ahead.

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We were really excited. I think me and Gary are the biggest kids

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when it comes to going away.

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To get the fortnight away with the kids,

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it's one of the best feelings ever.

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Claire and Gary had saved hard for their family holiday in the sun,

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so it was important they found a good deal.

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I went on the internet and had a look round.

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We did look at other places, but On The Beach came up with

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the best price for the same sort of holiday, the pictures looked nice,

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and the description looked nice,

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which, that's what you look at when you go with other holiday firms.

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The holiday they found was in the Turkish resort of Marmaris.

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We went for a four-star all-inclusive accommodation.

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The flights and transfers were included in the price,

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which made it all that better.

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The two-week holiday came in at £1,900

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and the family would be staying at the four-star Hotel Club Pineta.

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Let the good times roll.

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When we first got to the hotel and we walked up the step

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and there was a drunken person there already.

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He weren't very nice, what he said at first.

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And that's when alarm bells were ringing.

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The first thing the receptionist said was,

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"Oh, your room's not ready yet." This was at 4am.

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Having travelled through the night,

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this wasn't the welcome they'd been hoping for.

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When we went to the breakfast bar at 7am, the food was just...

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The best way to describe it,

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you wouldn't feed it to pigs. It was just awful.

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There were plug sockets hanging off the walls.

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We went into the toilet facilities.

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When you looked in the toilet bowls, they were black.

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There was still toilet paper on the floor that people had used.

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There was broken glass round the swimming pool.

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Broken gutters, the protectors, and broken tiles.

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On one of the banisters, there was a screw sticking up.

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After six hours waiting, the family were finally offered their room.

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Perhaps that at least would live up to the four-star standard

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they were expecting?

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It was a little box room with three single beds crammed into it.

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The air conditioning was held together by a razor blade.

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The fridge was green, mouldy.

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The bed sheets were still wringing wet,

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there was mud all over the floor...

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It weren't nice and it was so cramped.

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Disgusted by the state of it,

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Claire and Gary decided to speak to their rep.

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When the rep turned up and she said who she was, we're thinking,

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"Are you not from On The Beach?"

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She said, "No, I'm from YouTravel."

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She said On The Beach use YouTravel for their accommodation.

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This revelation came as a slight shock to Claire and Gary

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but, having booked the holiday with On The Beach,

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they thought it was them they needed to speak to,

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so Claire contacted her mum in the UK to ask for help.

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Between them, Claire and her mum tried to get the matter sorted out.

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Whilst we were making phone calls to On The Beach from the UK,

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Gary and Claire were using their mobiles in Turkey,

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running up extortionate bills

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trying to get information

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with regard to moving them to somewhere, a decent hotel.

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The YouTravel rep arranged for the family to be moved to a three-star hotel

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until a replacement four-star could be found.

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But this hotel wasn't all-inclusive

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so the family had to fork out on food. But eventually...

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After being passed from pillar to post

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for the three days, we got offered the Pasa Beach.

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When you walked into Pasa Beach, you knew it was a four-star.

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You had an overwhelming feeling, "Whoa, how good is this?"

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It was lovely when you walked in. The staff were friendly.

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We sort of got butterflies, but these were nice butterflies.

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We were looking forward to moving over there.

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So they wasted no time and phoned On The Beach.

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'Said, "Yes, we'll have this hotel," and that's when the rep'

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on the On The Beach line said,

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"The only thing is, you've got to pay an extra £1,000."

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Hang on a minute, £1,000?

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So, having paid £1,900 for their holiday

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they were now being asked to stump up a further grand

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to get the four-star all-inclusive accommodation

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they thought they'd originally booked.

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My heart just sank because I thought,

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"Where are we going to find this extra money?"

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It was money that we didn't have at the time.

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Help was at hand. Claire's mum offered to pay the £1,000.

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Claire and Gary decided they would dispute the additional money

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with On The Beach when they returned home, and for now they moved

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into the Pasa Beach Hotel and got on with enjoying their holiday.

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We'd got treated like royalty, basically.

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It was a total different atmosphere, wasn't it?

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Yeah, it was like you'd gone on a different planet.

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It was like a traumatic experience to, like, heaven, basically.

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Back in the UK, Claire and Gary contacted On The Beach to complain.

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They asked the company to refund the £1,000 they'd had to pay

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for the hotel, plus around £500 they had to spend on meals

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and phone calls in Turkey whilst trying to sort things out.

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When they got back in contact eventually, it was from YouTravel

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and not from On The Beach.

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On The Beach had passed the couple's complaints to the hotel provider,

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YouTravel, who offered the couple £555 in compensation.

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But, believing they were £1,500 out of pocket,

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the couple turned this offer down,

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and they still haven't got what they feel they're entitled to.

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Claire and Gary's holiday sounds like it was stressful

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from start to finish,

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and even though they're back now it's still not over

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because they're more than a grand out of pocket!

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But I'm on the case now,

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so let's see if I can bring back some of that holiday cheer!

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On The Beach was founded in 1995.

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It is one of the UK's leading online travel agencies,

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accounting for over 750,000 holidaymakers every year.

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I'm keen to hear what they have to say

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about Claire and Gary's experience

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and I've made contact with the company

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to let them know I'm on the case. I've outlined the family's situation

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and hopefully I'll hear back from them soon.

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Some things in life we expect to pay for up front -

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cinema tickets and holidays, for example.

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Other things you never would,

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like loft conversions or a meal.

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But what if you found out you had to pay up front

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for the privilege of borrowing money? I smell a rat.

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And that's exactly what happened to Jorge Santos

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when he decided to take out a loan to buy a new car.

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This one gave me the option of three years for £1,500.

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That's why I went ahead with it.

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So having found the right loan for him,

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he kept his fingers crossed and called the company.

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Because of everything they were telling me over the phone,

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I was feeling confident that they were going to lend me the money.

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And, luckily for Jorge, he didn't have to wait long for an answer.

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They called be back on the same day.

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They told me that my £1,500 loan was approved.

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'I felt very relieved because they were telling me that'

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they were going to approve my loan,

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I was counting on having my problems solved.

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Jorge finally had some good news

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but the company wanted more than his signature

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before they handed over the cash.

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I never thought that I would have to pay anything up front,

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but when they asked me to give them the first payment,

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they said it would be a first instalment...

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first time that I had to pay something back, give them money,

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it would be the first instalment out of my...

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..my monthly instalment that I had to pay.

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Paying out money in order to borrow some? Not an ideal situation

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but one familiar to the Financial Ombudsman Service,

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who are just one of the many consumer organisations

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who deal with complaints about upfront-fee loans.

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We receive a steady flow of cases about upfront fees

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and what's known as credit broking.

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We get about 50 cases a month on this sort of subject.

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In Jorge's case, the company wanted an upfront payment of £100

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to be paid using an electronic money voucher.

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Jorge took his cash and bought the £100 voucher,

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which he then submitted to the company's website.

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Unlike credit or debit cards,

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there is no way of tracing or reversing this type of voucher.

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But, with the first instalment paid off,

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Jorge waited to get his hands on the loan.

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The following day, I get a...

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This was always after I'd given them money,

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always the following day

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'at 9am, they are phoning me back again,

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'saying, "Look, you have to pay a transfer fee,"'

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which...they had to get that money to make the transfer into my account

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and nothing came into my account.

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So Jorge has paid the first instalment and a transfer fee

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of £150, but still the loan hadn't been put into his account.

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The way they speak to you over the phone, like they nearly...

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They nearly guarantee you that you are going to get the money, you know,

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if you pay that, you get the money, you know,

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so that's why I went ahead with it.

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And that wasn't the only upfront fee he had to pay.

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There followed a guarantor fee of £200 and an error fee of £300.

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It... It was a bad situation.

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'I was under financial pressure.'

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I found myself in a bit of a difficulty.

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And each time Jorge paid a fee, he was told the costs were refundable

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but if he didn't pay he would lose the money he had already given them.

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I didn't have that money and I told them I didn't have the money.

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They said, "Look, we can't help you with anything if you don't get that money."

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This sounds really dodgy.

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If you enter into a loan agreement,

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so you go to somebody and they help arrange the loan,

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once you have actually entered into the loan agreement

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you are usually obliged to still pay the fee

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and won't normally be able to get that back.

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Feeling he had no choice but to stump up the cash,

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Jorge turned to his boss to borrow some money

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and sent off another payment.

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They told me that this would be the last payment of 350 for the solicitor

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and he would be at my door with all the amount of money to give to me.

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Sounds too good to be true. And that's what Jorge thought.

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When they told me the solicitor would be coming to my house

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and he would be here in two hours' time

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that's when I found it a bit strange,

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because, seeing that they aren't based in London,

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I found it a bit strange.

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'Although I still came home and I still waited,'

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I was just desperately hoping he would come, you know,

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after the amount of money I gave to them.

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Guess what - there was no knock at the door,

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but he continued to wait.

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I waited for the following day to see what was going to happen.

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'As soon as it struck 9am I had a phone call from them'

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saying that I had to pay another £400.

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This payment of £400 would bring the total of upfront fees to £1,500.

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Hang on a minute! That's the same amount he wanted to borrow in the first place.

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It got to the point, saying, "I haven't got money for myself.

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"I have a family to take care of and everything.

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"I haven't got any more money. I can't give it."

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Jorge was desperate.

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He had no choice but to try and get his money back,

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but guess what again - he was then told that, not surprisingly,

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he would need to pay a cancellation fee of £120.

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Jorge finally admitted defeat and refused to pay the £400

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and stopped all further payments.

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However, at this point he'd already shelled out £1,100 in fees

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in exchange for a £1,500 loan which never even materialised.

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I spoke to my girlfriend and told her, "Look, we have lost that.

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"It's my fault. Let's just carry on."

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'I don't know how I let myself get into all this.'

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At this point I'm feeling... I'm feeling like a fool

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and I'm feeling also, you know, shocked with everything

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'but of course if I have to look at it back

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'I've got to say it was also my fault

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'because we do hear about so many loan companies'

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not complying with what they promised

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and I go fall in the same trap as what we hear, you know.

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And unfortunately for Jorge, he's not the only one to come a cropper.

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Neil from Staines also e-mailed me.

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He had to pay upfront fees of £420 to process a five grand loan.

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When Neil asked for his money back,

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the company demanded a £75 cancellation fee.

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And Anika from Birmingham,

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who in the lead-up to Christmas applied for a £3,000 loan.

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Anika ended up paying £350 in process and error fees

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but when she refused to pay any more and asked for a refund,

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she never received a penny.

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But how can lenders get away with this?

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Are there no rules and regulations?

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Loans are covered by the Consumer Credit Act 1974.

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There is nothing illegal about upfront loan fees in themselves

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so people can arrange a loan for you and charge a fee for that.

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The problem arises if actually no loan is then arranged.

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Legitimate companies can charge an upfront fee,

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but they have to tell you in advance about them

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and, of course, have to give you your loan.

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Sadly, in Jorge's case, none of that happened

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and he got drawn into what seems to be a scam

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that left him £1,100 worse off

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without any hope of seeing his money again.

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So what can you do to stop yourself falling victim?

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Do the research yourself. There's an awful lot of information online.

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Shop around, think carefully

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before you decide whether you need someone to help you with that

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and whether you want to pay an upfront fee for that.

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But it's really important that people understand what that fee is

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and they think very carefully whether it is right for them before they go ahead.

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Jorge decided not to take any action against this loan company

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but if you find yourself in a similar situation

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you could take your complaint to the FOS.

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The Financial Ombudsman Service

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is here for anybody who has a problem with a financial product.

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'We're here to look at things independently'

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and see if we can help put things right.

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Although there was a time when "being upfront" meant being honest

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and frank, when it comes to borrowing money these days,

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it can mean exactly the opposite.

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So remember, before you shell out, do a bit of research.

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Make sure you don't get done.

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The Saunders family contacted me

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after their holiday didn't get off to the relaxing start they hoped.

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Having saved up for a £1,900

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all-inclusive four-star two-week break in Turkey,

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they were left sorely disappointed with the hotel.

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The pool was that dirty, you couldn't see the bottom of the pool!

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And when they were finally moved to a suitable alternative

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they then had to shell out a further £1,000,

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which they had to borrow from their parents back in the UK.

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From us worrying how to pay the money back for all the extras

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that we had to pay for, luckily we have parents that help us out.

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'I've already contacted On The Beach to try and get to the bottom of this

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'and let them know I'll be the one dealing with things from now on.'

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On The Beach have got back to me

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stating that they've forwarded a letter to Mr and Mrs Saunders

0:18:290:18:33

from their hotel provider, a company called YouTravel,

0:18:330:18:36

and in that letter it states that

0:18:360:18:38

they would give a full refund for the Hotel Pineta.

0:18:380:18:40

Well, it was a step in the right direction

0:18:420:18:44

but it still left the family out of pocket. As we know,

0:18:440:18:48

the couple had never heard of the hotel provider YouTravel

0:18:480:18:51

until they complained about the Hotel Club Pineta.

0:18:510:18:55

And what should have been a simple complaints process became complicated.

0:18:550:18:59

We wanted something from On The Beach, really,

0:19:000:19:03

because that's who we'd booked with, not YouTravel.

0:19:030:19:06

OK, so flights, accommodation

0:19:060:19:08

and transfers were all booked through On The Beach.

0:19:080:19:12

That sounds to me like a package holiday.

0:19:120:19:16

And, if so, Claire and Gary should be protected by

0:19:160:19:19

the Package Travel Regulations.

0:19:190:19:22

These mean that the company who provides your package holiday

0:19:220:19:25

has a responsibility to provide the elements of your holiday

0:19:250:19:28

in line with what you've paid for.

0:19:280:19:30

Certainly sounds to me like they should have been covered.

0:19:300:19:32

I think it's time I got in contact with On The Beach.

0:19:320:19:36

I've sent them another e-mail

0:19:360:19:37

asking them who is actually responsible for what went wrong,

0:19:370:19:41

and why they've forwarded the couple's complaints to YouTravel

0:19:410:19:44

when the couple were of the firm belief

0:19:440:19:46

they had bought an On The Beach package holiday.

0:19:460:19:49

Now, when Claire booked her holiday,

0:19:490:19:51

she felt reassured that On The Beach was a member of ABTA,

0:19:510:19:55

the Association of British Travel Agents,

0:19:550:19:57

and this would mean even more protection.

0:19:570:20:00

We went with On The Beach because it was ABTA and ATOL protected

0:20:000:20:04

and that gave us a peace of mind that, no matter what,

0:20:040:20:07

we'd have help if we needed it.

0:20:070:20:09

'Well, I've come to meet the association's Sean Tipton

0:20:090:20:13

'to try to get a clearer picture

0:20:130:20:15

'of what Claire and Gary should be entitled to.'

0:20:150:20:17

Sean, nice to see you.

0:20:170:20:18

Can you explain to our viewers about Package Travel Regulations?

0:20:180:20:21

Package Travel Regulations were a law that came in in 1992,

0:20:210:20:24

and basically it was an attempt at the time

0:20:240:20:27

to ensure that all holidays for people travelling abroad

0:20:270:20:31

would have to be financially protected

0:20:310:20:33

and also the travel companies selling them

0:20:330:20:35

would have to take responsibility for every aspect of the holiday.

0:20:350:20:38

OK, let's explain the difference

0:20:380:20:40

between a package holiday and a non-package holiday, because

0:20:400:20:43

I've found, speaking to people, they're not really sure.

0:20:430:20:46

It's not crystal clear for them.

0:20:460:20:47

There is a legal definition for a package holiday.

0:20:470:20:49

If you booked a flight, plus accommodation,

0:20:490:20:52

and it's all sold at an all-inclusive price by one company,

0:20:520:20:55

you get one invoice through

0:20:550:20:57

and your contract is very clearly with one company,

0:20:570:20:59

that's a classic package holiday.

0:20:590:21:01

Which sounds like what Claire and Gary had booked,

0:21:010:21:04

but, sadly, it's not that simple.

0:21:040:21:06

Because of the internet, it's very easy to book a hotel with a company

0:21:080:21:11

and then say, "Could you get me a flight?"

0:21:110:21:14

And that isn't necessarily a package

0:21:140:21:16

but it's very important that the company selling it,

0:21:160:21:19

if it's not a package, make that very clear to you,

0:21:190:21:21

so you know from day one

0:21:210:21:22

that it's two separate things you're talking about, rather than a package.

0:21:220:21:27

Obviously something was amiss

0:21:280:21:30

when Claire and Gary Booked their holiday with On The Beach.

0:21:300:21:33

With that in mind, I've asked them

0:21:330:21:34

to take another look at their holiday information

0:21:340:21:37

and the On The Beach website to see if they DID book a package holiday.

0:21:370:21:41

The only thing that was wrong with the package holiday

0:21:420:21:45

was the first hotel.

0:21:450:21:47

The flights were fine.

0:21:490:21:51

I believe it was a package holiday

0:21:510:21:52

because you booked everything with one company

0:21:520:21:55

and paid one price to that company.

0:21:550:21:58

How about what it says in the small print?

0:22:000:22:02

"On The Beach Ltd", it says there straightaway. "Ltd".

0:22:020:22:05

"As an online travel agent, we don't sell package holidays..."

0:22:050:22:11

Hold on. If they don't sell package holidays, what did we get?

0:22:120:22:16

A package holiday!

0:22:180:22:20

We made our own holiday, they're saying,

0:22:200:22:23

so we purchased off other people through them.

0:22:230:22:28

"We do not sell package holidays. We let you build your own

0:22:280:22:32

"by giving you access to our wide range of cheap flights,

0:22:320:22:37

"hotels, and transfer."

0:22:370:22:39

-So that's saying that we didn't buy a package holiday.

-No.

0:22:390:22:44

So we've made a boo-boo.

0:22:440:22:46

So, both the On The Beach website

0:22:470:22:49

and the couple's paperwork do state they don't provide package holidays.

0:22:490:22:53

Unfortunately, the couple didn't realise this.

0:22:530:22:57

But are Claire and Gary alone in their confusion

0:22:570:22:59

or is this something other holidaymakers experience?

0:22:590:23:02

The man to tell us is Frank Brehany,

0:23:020:23:05

MD of the consumer organisation Holiday Travel Watch.

0:23:050:23:09

The problem for consumers when they buy these holidays

0:23:090:23:12

is that they're not being given

0:23:120:23:14

very clear information about what the product is about.

0:23:140:23:18

Holiday companies are marketing on these beautiful websites

0:23:190:23:23

what looks for all intents and purposes to be package holidays.

0:23:230:23:27

But when consumers have a problem

0:23:270:23:30

they discover, in the terms and conditions, that small print

0:23:300:23:33

that what they bought isn't what they're getting.

0:23:330:23:36

But, as we heard from ABTA, agents are expected to be clear

0:23:360:23:39

about what a consumer is actually buying.

0:23:390:23:42

Consumers go to agents because they trust their skill and care.

0:23:430:23:47

The agent should actually be telling them what the differences are

0:23:470:23:51

between the package holiday or not the package holiday,

0:23:510:23:54

what their rights are, what they're not getting.

0:23:540:23:57

Obviously, that doesn't seem to be playing out

0:23:570:24:00

in the world of the world wide web!

0:24:000:24:02

We've said now for a number of years

0:24:020:24:04

that actually the sale of these holidays on the internet

0:24:040:24:07

should be accompanied with a health warning notice.

0:24:070:24:10

And I'm very pleased to be able to tell that the European Commission agrees with us

0:24:100:24:15

and the new law they're going to bring in to protect holidaymakers

0:24:150:24:19

is going to make sure that

0:24:190:24:20

holiday companies are going to put in such warning notices

0:24:200:24:23

so they know what they're buying at the time.

0:24:230:24:26

Which sounds great, but there are still loads of people out there

0:24:260:24:29

getting tripped up by companies using their small print and T&Cs

0:24:290:24:33

to fend off angry customers.

0:24:330:24:34

'Holidaymakers should never give up the fight

0:24:350:24:39

'in relation to whether it's a package or not.

0:24:390:24:42

'Because the courts actually'

0:24:420:24:45

don't just look at the terms and conditions.

0:24:450:24:47

They'll look at the website,

0:24:470:24:48

they'll look at what the consumer understood it to be,

0:24:480:24:51

they'll look at the exchange of e-mails,

0:24:510:24:53

so you can't just simply go on terms and conditions.

0:24:530:24:56

It's the whole product.

0:24:560:24:57

Thanks, Frank.

0:24:590:25:00

Now, On The Beach do state they don't sell package holidays

0:25:000:25:03

on their web site and in their paperwork

0:25:030:25:05

but, as we've seen, Claire and Gary missed it and assumed

0:25:050:25:08

they were getting a package holiday, and they're not the only ones.

0:25:080:25:12

I've heard from Tracey and her dad John,

0:25:130:25:15

who booked a week's all-inclusive to Greece

0:25:150:25:17

with three other family members through Purple Travel.

0:25:170:25:21

We just wanted a great family atmosphere - near the beach,

0:25:210:25:24

good food, that kind of thing, really.

0:25:240:25:26

Everyone was so looking forward to it.

0:25:260:25:28

Shopping, and everything else, getting ready to go.

0:25:280:25:31

So we were really, really looking forward to it.

0:25:310:25:33

We were only going for a week

0:25:330:25:35

but, you know, it meant such a lot to us this year.

0:25:350:25:38

But when the family finally arrived in Greece

0:25:380:25:40

they didn't get the welcome they'd hoped for!

0:25:400:25:43

We just dumped the bags, went to the reception desk,

0:25:430:25:45

gave them the paperwork,

0:25:450:25:47

and the guy said, "Sorry, we haven't got any rooms for you."

0:25:470:25:50

And you just stand there in shock,

0:25:500:25:52

and go, "What? You've got no rooms? What are we supposed to do?"

0:25:520:25:55

The family was offered an alternative hotel

0:25:550:25:58

but it just wasn't suitable.

0:25:580:26:00

There was a lot of drunk youths around the pool.

0:26:000:26:03

We did go and look at the rooms.

0:26:030:26:05

They expected all five of us to stay in this one room,

0:26:060:26:10

where there was no clean shower area, no shower head,

0:26:100:26:14

there was exposed wires in the bathroom area.

0:26:140:26:18

'We were supposed to have two rooms in the original hotel,'

0:26:180:26:24

one which my mother and father were staying in

0:26:240:26:26

and one which myself, my partner and my daughter were staying in.

0:26:260:26:29

They phoned Purple Travel in the UK,

0:26:290:26:31

who said they would try to find alternative accommodation

0:26:310:26:33

but, with night falling, they took matters into their own hands

0:26:330:26:36

and booked into a self-catering hotel,

0:26:360:26:38

paying almost £800 for the privilege.

0:26:380:26:41

We booked the week in the hotel that we found

0:26:410:26:44

for the simple reason it was suitable for us. The only problem was,

0:26:440:26:48

we then had to go out, breakfast, lunch and dinner, drinks,

0:26:480:26:51

and buy that again.

0:26:510:26:53

So, again, it's all extra expense we've had to pay out.

0:26:530:26:55

Tracey called Purple Travel

0:26:550:26:57

to tell them they had made their own arrangements.

0:26:570:27:00

I did ask if they were willing to pay for the hotel that we'd paid for

0:27:000:27:04

and she said that wasn't something she could deem over the phone

0:27:040:27:07

at that time, and that it would be dealt with when we get back

0:27:070:27:10

and we had to make a written complaint.

0:27:100:27:13

And when they got back to the UK that's exactly what they did.

0:27:140:27:17

We had lots of e-mails backwards and forwards from Purple Travel.

0:27:170:27:20

Basically they stated that it wasn't down to them,

0:27:200:27:23

and that it was down to another company.

0:27:230:27:25

They were then sending e-mails

0:27:250:27:26

which were then getting back to Purple Travel,

0:27:260:27:29

then coming back to us,

0:27:290:27:30

and backwards and forwards for quite a while.

0:27:300:27:33

One travel agent and a separate hotel provider -

0:27:330:27:35

does this sound familiar?

0:27:350:27:37

After having to spend an additional £1,500,

0:27:370:27:40

the family was offered £150, which they rejected.

0:27:400:27:43

I didn't even contact the rest of the family

0:27:430:27:45

to tell them we'd been offered it

0:27:450:27:47

because I did actually think it was a bit of an insult.

0:27:470:27:50

I re-sent back the e-mail to Purple Travel and told them that

0:27:500:27:53

they should look into it a bit further,

0:27:530:27:56

because £150 out of what all we spent was a bit of a joke.

0:27:560:27:59

'After the initial correspondence with Purple Travel,

0:27:590:28:04

'and then backwards and forwards for three weeks with e-mails'

0:28:040:28:08

we got a second offer.

0:28:080:28:10

Which was the grand amount of £453.31!

0:28:100:28:14

And they actually stated that

0:28:160:28:18

that would be their final offer for our holiday.

0:28:180:28:21

Just like Claire and Gary,

0:28:240:28:25

Tracey and John felt they'd had to pay extra to get the holiday

0:28:250:28:28

they thought they'd originally booked,

0:28:280:28:30

and I've dropped Purple Travel an e-mail to ask them

0:28:300:28:33

why they won't pay for the alternative hotel.

0:28:330:28:36

Let's see what they come back with.

0:28:360:28:38

Meanwhile, I'm back to looking at Claire and Gary's case

0:28:390:28:42

with On the Beach.

0:28:420:28:44

Now, interestingly, if your holiday company is a member of ABTA,

0:28:440:28:47

like On The Beach are,

0:28:470:28:49

the hotels they advertise must be accurately described.

0:28:490:28:52

Yet when Claire and Gary arrived at the Hotel Club Pineta in Turkey,

0:28:520:28:56

it certainly didn't live up to its description as a four-star,

0:28:560:29:00

with tired carpets and toilet roll all over the floors of the bathroom.

0:29:000:29:04

We've done a bit of research

0:29:070:29:09

and, if you look at On The Beach's website, at Club Hotel Pineta

0:29:090:29:14

in Marmaris, they rate it as a three-star.

0:29:140:29:17

Hold your horses a minute. When the couple booked the hotel,

0:29:170:29:20

they thought it was a four-star. How come?

0:29:200:29:23

If you go back to the time when they booked their hotel,

0:29:230:29:26

here's their advert.

0:29:260:29:28

"Club Hotel Pineta - four-star".

0:29:280:29:32

Not only that - in a letter sent to the couple from On The Beach,

0:29:320:29:35

their hotel provider, YouTravel, is quoted as saying,

0:29:350:29:39

"The Pineta is rated officially as a three-star property,"

0:29:390:29:42

'which begs the questions, why was the travel agent advertising it

0:29:420:29:46

'as a four-star when the supplier says it's a three?

0:29:460:29:50

'And, more importantly, that meant Claire and Gary paid

0:29:500:29:53

'for what they thought was a four-star hotel.

0:29:530:29:55

'Time to check in with On The Beach.'

0:29:550:29:57

On The Beach have asked us to deal with their PR company.

0:29:570:30:00

Their PR company, once they looked at the facts, have made an offer.

0:30:000:30:04

However, I don't think it's good enough.

0:30:040:30:06

So it's time to give them a call.

0:30:060:30:08

'It's not long before I get through to the person I need to speak to.'

0:30:110:30:15

Gathering by the name of your PR company and the initials,

0:30:150:30:18

you're the MD there, aren't you?

0:30:180:30:20

'I've got the boss of the PR company on the line

0:30:200:30:22

'and he's asked us not to use his voice - fair enough.

0:30:220:30:25

'But I've still got plenty I want to ask him.'

0:30:250:30:27

The Pineta, that was the first one they went to,

0:30:270:30:30

I don't know if you've seen the photos but they're pretty horrific.

0:30:300:30:33

'He tells me that the hotel is popular with holidaymakers

0:30:330:30:36

'and has a cheap and cheerful atmosphere.'

0:30:360:30:38

Unfortunately, I don't think

0:30:380:30:40

four stars should go hand in hand with cheap and cheerful, myself.

0:30:400:30:43

'Here comes my trump card.'

0:30:430:30:44

When this couple bought this holiday,

0:30:440:30:47

On The Beach were advertising it with four gold stars.

0:30:470:30:50

It's now gone down to three. I wondered if On The Beach

0:30:500:30:52

or yourselves can give us a response to that?

0:30:520:30:55

'I certainly hope so, because I think this is a crucial fact in this case.'

0:30:550:30:59

I quite admire the fact they have downgraded it

0:30:590:31:01

as long as they're prepared to acknowledge the fact

0:31:010:31:03

that as far as Claire and Gary are concerned

0:31:030:31:05

they weren't getting what they thought they were.

0:31:050:31:08

'And when I was looking through the correspondence

0:31:080:31:10

'between YouTravel, the hotel provider, and On The Beach,

0:31:100:31:12

'something else has jumped out at me.'

0:31:120:31:14

I've also found out that

0:31:140:31:16

YouTravel offered a different hotel called the Seray

0:31:160:31:19

but that was never, ever offered to Mr and Mrs Saunders

0:31:190:31:22

and, had it been, that probably would have been acceptable.

0:31:220:31:25

So it seems there has been a miscommunication there.

0:31:250:31:28

YouTravel say they made this offer of another hotel to On The Beach

0:31:290:31:34

but the couple say

0:31:340:31:35

On The Beach never told them about this other hotel.

0:31:350:31:37

Miscommunication or not, it's now up to On The Beach to sort it out.

0:31:370:31:41

When you look around you,

0:31:460:31:48

we are bombarded with adverts from companies

0:31:480:31:51

promising us everything in the world

0:31:510:31:53

to try and get us to part with our hard-earned cash.

0:31:530:31:56

It could be two-for-one offers, discounted deals

0:31:560:31:58

or once-in-a-lifetime opportunities.

0:31:580:32:01

And I'm not the only one to think so...

0:32:010:32:03

Every five seconds we see an advert everywhere - on TV,

0:32:030:32:06

radio, newspaper,

0:32:060:32:08

billboards, leaflets - there's advertising everywhere.

0:32:080:32:11

I tend to ignore them, to be honest. If the programme has adverts on

0:32:110:32:15

I'll record it and then fast-forward though the adverts, cos I hate watching adverts.

0:32:150:32:19

I have bought something before which I have seen on the advert

0:32:190:32:21

and I thought, wow, that is amazing, that's the best thing...

0:32:210:32:25

However, not all products deliver on their promises.

0:32:250:32:27

It turned out it wasn't quite as amazing as I thought it was from the advert.

0:32:270:32:32

It's an all-too-familiar story

0:32:320:32:33

for the Advertising Standards Authority, or ASA.

0:32:330:32:37

We receive about 30,000 complaints every year. The majority

0:32:370:32:41

of those complaints relate to misleading advertising,

0:32:410:32:44

where people feel they have been misled

0:32:440:32:47

in their purchase of a product or a service.

0:32:470:32:50

The role of the ASA is to ensure that claims made

0:32:500:32:53

in adverts can be made to stand up so that we consumers aren't misled.

0:32:530:32:58

Consumers should expect to trust what they see and hear in ads

0:32:580:33:02

and it is the advertiser who is responsible for all the claims that they make within them.

0:33:020:33:07

However, it seems not all companies are delivering on the claims

0:33:070:33:10

or promises they advertise, if my inbox is anything to go by.

0:33:100:33:14

I've had an e-mail from a lady called Cheryl, who tells me

0:33:140:33:17

she wanted a new saddle for her horse.

0:33:170:33:20

She found a company online who offered a satisfactory fit

0:33:200:33:23

or your money back.

0:33:230:33:25

Now, in Cheryl's case, she didn't think it was a satisfactory fit

0:33:250:33:29

and went back to the company - but they refused to give her a refund.

0:33:290:33:33

All advertisers need to be clear and upfront about their offers

0:33:330:33:38

and if there are any significant limitations to those offers

0:33:380:33:40

they should be made clear in the ad.

0:33:400:33:43

But what if there aren't any significant limitations?

0:33:430:33:46

If it's as simple as saying that a full refund will be given

0:33:460:33:49

irrespective of the time frame,

0:33:490:33:52

then I think there is the potential for that ad to be misleading.

0:33:520:33:55

For Cheryl it was the money-back guarantee that really

0:33:570:34:01

appealed to her and made her spend her hard-earned cash.

0:34:010:34:04

Cheryl gave the company numerous opportunities to adjust

0:34:040:34:07

the saddle but each time it came back it still wouldn't fit properly.

0:34:070:34:12

Eventually she took it to an independent expert who told her

0:34:120:34:15

that the build of the saddle was fundamentally wrong

0:34:150:34:18

and that it was never going to be a good fit.

0:34:180:34:21

Therefore, in order to live up to their promise of a satisfactory fit

0:34:210:34:25

or your money back, the company should have given Cheryl a refund.

0:34:250:34:29

And it seems it's not just Cheryl who was won over by advertising.

0:34:300:34:35

My inbox is full of e-mails from those of you who have been swayed

0:34:350:34:37

by promises of free trials of health

0:34:370:34:41

and beauty products with online adverts.

0:34:410:34:43

Take Di's e-mail here -

0:34:430:34:45

she came across a company who promised a beauty product worth £49

0:34:450:34:50

for just £3.95 postage and packaging. What a bargain!

0:34:500:34:54

So Di snapped it up.

0:34:540:34:56

But when she checked her credit card bill at the end of the month

0:34:560:34:59

she'd been charged £100 - not such a pretty deal after all.

0:34:590:35:04

The company Di had contacted,

0:35:040:35:05

Dead Sea Beauty, are one of thousands offering trials like this.

0:35:050:35:09

Trials are a legitimate way of incentivising consumers

0:35:090:35:14

to take advantage of a product. The problem occurs where significant

0:35:140:35:18

limitations of the trial offer is not made clear to consumers.

0:35:180:35:23

Fortunately, the ASA have the power to take action

0:35:230:35:26

against companies whose advertising isn't clear enough.

0:35:260:35:29

And in the case of Dead Sea Beauty that's exactly what they did.

0:35:290:35:33

In this case, we considered that the ad was misleading

0:35:330:35:36

because the ad did not make clear that if the beauty products

0:35:360:35:40

were not returned within 30 days then they would be liable for a subscription.

0:35:400:35:44

So in this case we thought it was misleading.

0:35:440:35:47

We have requested a statement from Dead Sea's parent company,

0:35:470:35:50

DS Advertising, allowing them

0:35:500:35:52

to comment on the issues raised in Di's e-mail to me.

0:35:520:35:55

And also I pointed out that she wasn't the only person

0:35:550:35:58

who had written to me about their free trials

0:35:580:36:01

and subsequent subscription withdrawals.

0:36:010:36:03

DS Advertising has not yet responded.

0:36:030:36:05

As consumers, what should we be looking out for?

0:36:070:36:11

The company needs to be upfront

0:36:110:36:13

and clear about the full nature of the offer.

0:36:130:36:16

Be warned, companies, it's not just me keeping an eye on your promises.

0:36:160:36:20

Advertisers always have

0:36:200:36:21

and always will show their products in their best light

0:36:210:36:26

but they shouldn't exaggerate what their products or services should do.

0:36:260:36:29

If we find that an ad hasn't stuck to the rules then

0:36:290:36:32

we can withdraw that ad

0:36:320:36:33

and we can make sure that it doesn't appear again in the same form.

0:36:330:36:36

I've taken on the cases of Claire and Gary and Tracey and John,

0:36:430:36:46

who both had holiday troubles and are not satisfied

0:36:460:36:49

with how they were treated by their travel companies.

0:36:490:36:53

So that's two families who thought they'd booked a package holiday

0:36:530:36:57

and then found out they hadn't,

0:36:570:36:59

but then had to pay extra money

0:36:590:37:01

to stay in the same standard of hotel

0:37:010:37:03

that they thought they had booked in the first place.

0:37:030:37:06

Well, I've been in touch with both On The Beach and Purple Travel

0:37:070:37:11

in the hope I can get some of this money back.

0:37:110:37:14

We went all-inclusive just simply so that we had everything paid for,

0:37:140:37:19

you had nothing else to worry about.

0:37:190:37:21

And then when we got home we had to find some way of paying

0:37:210:37:25

that money back.

0:37:250:37:26

We had obviously already paid for the first one

0:37:260:37:28

and I'd explained this to Purple Travel at the time, on the phone.

0:37:280:37:33

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

0:37:330:37:37

"It would have to be dealt with when you get back off your holiday."

0:37:370:37:40

Purple Travel have told me that,

0:37:400:37:42

while they apologise for the customer's dissatisfaction,

0:37:420:37:46

they have to allow time for a hotel provider to find alternative accommodation.

0:37:460:37:50

So if you're in dispute you need to give a company time to put it right.

0:37:500:37:54

If you have to - book yourself into a hotel for just one night.

0:37:540:37:58

Any more and you could be jeopardising your legal rights.

0:37:580:38:02

Tracey and her family booked themselves into a hotel

0:38:020:38:04

for the rest of their stay... not giving Purple Travel or

0:38:040:38:08

the hotel provider enough time to put things right.

0:38:080:38:10

We actually needed somewhere to stay for the night. Obviously we had

0:38:100:38:14

no alternative but to book. But we had to book them for the week.

0:38:140:38:18

Purple Travel is still upholding its offer for £453

0:38:180:38:22

but it's not the news Tracey and John were hoping for.

0:38:220:38:26

For Purple Travel to have offered us, you know,

0:38:260:38:28

basically the hotel cost back is very disappointing.

0:38:280:38:31

Because, you know,

0:38:310:38:32

-we did pay out a lot more than what we're getting back.

-Yeah.

0:38:320:38:36

I suppose I can see it from their point of view,

0:38:360:38:39

we went ahead and booked the extra hotel.

0:38:390:38:41

We do understand the decision that has been made

0:38:410:38:44

and it has opened our eyes now

0:38:440:38:47

to the processes we would take for the next time.

0:38:470:38:51

Definitely taught us a lesson, definitely.

0:38:510:38:54

It's not the outcome Tracey and John wanted but regulations and

0:38:540:38:58

procedures are in place to protect both the company and the customer.

0:38:580:39:03

So what about On The Beach?

0:39:030:39:04

Well, Claire and Gary had rejected an offer of £555

0:39:040:39:08

from the hotel supplier YouTravel

0:39:080:39:11

because they felt they were out of pocket by more than £1,500.

0:39:110:39:15

But the couple have been in touch to say they've been made another offer,

0:39:150:39:20

so I've come to meet them to find out more.

0:39:200:39:22

Will it be enough to banish the memory of

0:39:220:39:24

when they arrived at their first hotel in Turkey?

0:39:240:39:27

-Good to see you, guys. Are you all right?

-Yeah.

0:39:270:39:30

Right - I tell you what, you're smiling and now you're smiling.

0:39:300:39:33

Who is going to tell me the news?

0:39:330:39:36

-Do you want to say it?

-Yeah.

0:39:370:39:40

We got our money back from On The Beach

0:39:400:39:43

and it's all going towards a new venture for us.

0:39:430:39:48

-A new holiday...?

-No. An extension to the house.

0:39:480:39:53

-OK.

-Loft conversion.

-Something a bit more permanent than a holiday? OK.

-Yes.

0:39:530:39:58

'It's taken over 18 months but they have finally got a full refund

0:39:580:40:01

'for the £1,000 spent on the alternative hotel,

0:40:010:40:05

'plus all their other out-of-pocket expenses - a total of £1,523.46.'

0:40:050:40:12

-So are you happy?

-Definitely.

-Very happy.

-Are you sure?

-Yes.

-Yeah.

0:40:120:40:16

We spoke to both On The Beach and YouTravel asking for a final word.

0:40:160:40:21

YouTravel explained how they...

0:40:210:40:23

Claire and Gary declined this offer and it had now been replaced

0:40:260:40:29

by the larger settlement offered by On The Beach.

0:40:290:40:33

On the Beach told us how they

0:40:330:40:34

sincerely apologise, as they did not deal with the complaint in a swift

0:40:340:40:38

and efficient manner and they would like to highlight that...

0:40:380:40:42

They also tell us that:

0:40:480:40:50

And, most importantly for me, they also told me

0:40:570:41:00

they have downgraded the star rating of the Club Hotel Pineta.

0:41:000:41:04

And as for the Club Hotel Pineta, we contacted them

0:41:060:41:09

and invited them to respond to the issues raised in the programme.

0:41:090:41:12

They told us:

0:41:120:41:14

And on top of that...

0:41:240:41:25

Which is good news for Claire

0:41:360:41:38

and Gary and they can finally put their holiday woes behind them!

0:41:380:41:42

We were just getting fed up, to the stage where we thought,

0:41:420:41:45

they are going to win. We were not happy in that

0:41:450:41:49

but we thought, we're going to give up otherwise we will

0:41:490:41:51

-get more and more stressed.

-Yeah.

0:41:510:41:55

So thank you very much, Dom, for helping us out.

0:41:550:41:58

Thanks for bringing it to the attention of everybody.

0:41:580:42:01

I'm very happy for Claire and Gary, as things have finally worked out in their favour.

0:42:040:42:08

But it has highlighted a few points we all need to be very aware of.

0:42:080:42:11

And in particular the importance of knowing

0:42:130:42:16

whether or not you are booking a package holiday,

0:42:160:42:19

and, if not, exactly who is responsible

0:42:190:42:21

for each element of that holiday.

0:42:210:42:23

Well, I thought that was it, show over, job done,

0:42:240:42:27

shut the door on your way out, turn the lights out.

0:42:270:42:30

But then I got some surprising news...

0:42:300:42:32

Since we last met them, there has been a development for Tracey and John.

0:42:320:42:36

We've got an updated letter from Purple Travel,

0:42:360:42:40

saying that basically that they would like to give us

0:42:400:42:43

an extra £2,000 so we're not so badly out of pocket.

0:42:430:42:48

-Very, very happy now.

-Yeah.

0:42:480:42:50

-It has actually made the day.

-Yeah. Very good. Thank you, Purple Travel.

0:42:500:42:55

Also, thank you, Dom, because this would not have happened without him.

0:42:550:42:59

I don't half love surprises!

0:43:010:43:02

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