Episode 9 Rip Off Britain


Episode 9

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We asked you who's left you feeling ripped off when it comes to your

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holidays and you came back with a catalogue of travel disasters.

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Letting us come all this way

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to be told we're going home on the next day. Just furious.

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It has tainted the whole experience of booking holidays and trust in companies.

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So whether it's a deliberate rip-off,

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a simple mistake or indeed a catch in the small print,

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we'll find out why you are out of pocket and what you can do about it.

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Your stories, your money, this is Rip-Off Britain.

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Hello, and welcome to a special series of Rip-Off Britain here in Tenerife,

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where we're investigating all manner of problems that you've had with holidays and travel.

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Now, too many of them it would seem have been caused by those pesky terms and conditions,

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which can trip us up no matter where we are in the world.

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And I think that's certainly what has happened

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to some of the people that we're going to be meeting today,

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who really do seem to have found themselves at the mercy of the small print,

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regardless of how black-and-white their situations may have seemed originally.

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In situations like that,

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it isn't always obvious where to go to get your problem resolved.

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So we are very, very grateful to one of our viewers

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who has tipped us off about a little-known solution

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that if trying to sort everything out is getting you absolutely nowhere,

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it could well be the answer to your troubles, as well.

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Coming up... The claims companies promising to help you get back money you're owed by an airline,

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but would you be better off ignoring them altogether?

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I haven't seen a penny

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and they said they're going to pay me any day now,

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but it isn't here yet.

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And the couples convinced they had booked hotel rooms with free cancellation,

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so why did they end up having to pay?

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I could not cancel, I was going to have to pay for the room.

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This is absolutely outrageous.

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I just think it's unbelievable.

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Ever since the doors for claiming compensation for delayed flights were flung open in 2012,

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our inbox has been inundated with complaints from those of you who,

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for one reason or another,

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have tried unsuccessfully to get money back from their airline.

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And that's paved the way for dozens of claim management companies to spring up

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and offer to guide you through the process in return, of course,

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for keeping a chunk of any pay-out you get.

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But, as the people we're about to meet found out,

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just because you've paid for someone else to do the work for you,

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it doesn't mean that getting back what you're owed will be any easier.

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Airline delays at best can ruin your day

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and at worst can wreck your holiday.

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That's why a landmark EU ruling in 2012 introduced a guarantee

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that anyone delayed on flights in or out of the EU

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for more than a certain period of time - usually three hours -

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would be entitled to some sort of compensation.

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So Alison Wiltshire from South Wales was determined to get that money

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after a near 3½-hour delay

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on a British Airways flight to New York.

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The delay was at the start of our holidays,

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so once you get to the airport, you just want to get on holiday.

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And it did mean that we arrived in New York at 3.00 in the morning

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and the fact that there is compensation available,

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you know, for a delay that is over three hours, I thought, well,

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I'm entitled to claim it, I'll make the claim and see what happens.

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When she returned home,

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Alison started looking into how best to apply for compensation

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and decided that following the instructions on BA's own website

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would be the most straightforward option.

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But in the meantime, her son had been doing some research.

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When we came back from holidays,

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my son went online to just have a look about flight compensation

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and there was a website that offered advice,

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so he completed a form with very basic information - our names,

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the date we flew and the flight number - and sent an enquiry.

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He never got a response.

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In the meantime, I told him that I was going to take the claim up

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directly with British Airways so he said,

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"Oh, that's fine, because I never heard anything back from this company."

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And after two weeks,

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Alison received a cheque for £1,200 from British Airways -

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a welcome amount for the delay.

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It took about 20 minutes to complete the forms online

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and I just got the cheque and I was delighted with that.

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As far as she was concerned, that was the end of the matter,

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but then a letter arrived from a Northampton-based firm

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she had never heard of called Flight Delay Claims Team -

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not to be confused with companies of a similar name -

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and it was demanding a slice of her compensation.

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Totally out of the blue,

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I got a letter demanding a payment of over £700,

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saying I had breached my contract with them.

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It was the first I'd ever heard of this company and they were demanding

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payment and if payment wasn't made within 10 to 14 days,

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that they would be taking legal action against me.

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Alison looked further into the company and discovered it was one

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specialising in obtaining compensation for delayed flights.

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So assuming it was something to do with her delayed flight to New York,

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for which she had already had the compensation,

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she called the company to ask why it thought it was entitled to any of her money.

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To her utter astonishment,

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the agent on the phone told her that the company was acting on her behalf

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in all matters concerning this claim and when she asked how it had got all her details,

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the agent confirmed it was through the online form

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that her son had submitted all that time ago.

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The company, they claimed that he filled the claim form in for,

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it wasn't even a claim form, it was an enquiry form.

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So I'm guessing that that's how they got my details,

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just from an initial enquiry that my son made.

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But as far as Alison was concerned,

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all her son had done was make an initial enquiry with the company,

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not instruct them to pursue a claim.

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However, Flight Delay Claims Team told her

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that by ticking the terms-and-conditions box when submitting the form,

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her son had agreed to instruct the company to pursue a claim with BA

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on her behalf and, as such, it was a legally binding contract.

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Well, Alison was adamant that as she had already done all the hard work

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by liaising for a refund direct with BA,

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there was no way she was going to accept any of this,

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especially when she looked further into what the company was saying.

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When you click on the submit button,

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buried in the terms and conditions is a little bit of information

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that says you are entering into a contract.

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If you are going to enter into a contract,

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the details are supposed to be up front on the website.

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Before you submit any information, you're supposed to know

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that you're going to be charged for this service.

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Alison's quite right on that, but in any case,

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she couldn't see that the company had done a thing to deserve any of her compensation,

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not least because when she was dealing with BA,

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at no point had the airline indicated that there was another company involved.

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So I sent an e-mail immediately

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and followed that up with a recorded delivery letter

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confirming that I had not dealt with this company,

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I had not entered into a contract or an agreement with them

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and to ask them to stop pursuing me for this debt.

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Alison hoped that was the end of it but, less than a month later,

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while she was away on another trip,

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a further letter arrived from Flight Delay Claims Team,

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this time with a more definite threat of legal action.

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My daughter rang us to say

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that a rather official-looking letter had come

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and when she opened it, she told me that it was Flight Delay Claims Team

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and that they were taking me to court.

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And this was on the third day of a 10-day holiday so, as you can imagine,

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I just wanted to get home, I wanted to look at this letter,

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I wanted to ring them, I wanted to sort it out.

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So yet another holiday now spoiled.

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Alison called the company to protest,

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but was told to put it in writing and, despite doing so,

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she continued to receive letters demanding money.

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What's more, with each new one the company sent,

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the sum being asked for was creeping up.

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The amount differed every time they asked for it.

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Initially they were asking for about £792,

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based on me getting over £2,000 compensation.

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And I didn't - I got £1,200 compensation.

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But the amount they asked me for, every time I got anything from them

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asking for payment, the amount went up.

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Furious that Flight Delay Claims Team should not only want

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a slice of her compensation for work it hadn't done,

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but it was also threatening to take her to court,

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Alison went straight to the top and contacted one the directors

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and that seemed to do the trick as the case has now been dropped

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and she is no longer being pursued for the money.

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However, when we contacted the company about Alison's case,

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it told us that though it's sorry to receive any complaints,

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due to data protection it's not able to discuss individual cases.

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But Alison fears there may be other people keen to claim compensation

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for delayed flights, who have got themselves mixed up with similar claims management companies

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and that they might be losing out as a result.

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They are not regulated so, basically,

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they can do whatever they like.

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From this forum that we joined,

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we found hundreds of people that have had a bad experience

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with just this one company

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and I'm sure they're not the only company out there.

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And she's right on that because we have received a number of e-mails

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and letters from other people who found that getting involved

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with a claims management company to go after compensation for delayed flights

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can very often turn out to be a lot more hassle than doing it yourself.

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Among the people who'd say that is Lovelace Akpojaro

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from Dartford in Kent.

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He decided to make a claim after being stuck in Germany

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with his partner and daughter

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because of another delayed British Airways flight.

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It was a stopover at Dusseldorf which was supposed to be for about an hour and a half

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and we got delayed there for nine hours and, inevitably,

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when you're in the middle of these things, they don't tell you anything.

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They gave us vouchers to get something to eat and that was nice,

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but after a few hours then it's really starting to get quite inconvenient now,

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especially when you've got a young child.

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When they got home, the family contacted BA to see what it advised

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about claiming compensation.

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But Lovelace didn't think it sounded straightforward

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and, at the same time, he was tempted by an ad

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for what seemed a much simpler option.

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So here's the thing - remember when your flight was delayed?

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Well, that lost time could be worth hundreds of pounds in compensation.

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At the time, there was a lot of campaigns going on on TV

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for airFair flight delays.

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There were adverts in magazines, so on and so forth,

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and it just sort of came at a very convenient time.

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I thought, well, give it to the experts, airFair, they're on TV,

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they look slick, they will be able to do a good job.

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Certain that his nine-hour delay would qualify him for a pay-out,

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Lovelace went to the airFair website and filled in the enquiry form.

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Somebody called me up and talked me through what they can do,

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and they're very efficient, they can track down exactly what happened

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once you give them the flight number

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and I told them that we were delayed for nine hours

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and they were quite encouraging, saying, well, we should definitely...

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This should be a slam dunk, basically.

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You know, there will definitely be some compensation at the end of this.

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But four weeks after submitting his claim when he'd heard nothing further from airFair,

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his partner approached another claims company

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to see if it would make better progress.

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And Lovelace contacted airFair to let them know.

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I was starting to think that the time it was taking,

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it wasn't really worth paying 36% of the compensation to them

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for this service that they were giving me.

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So I phoned them up and asked them to withdraw.

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Initially they said, that'll be fine but you will be subject to some fees

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because this is outside the 14-day period, which...

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If it's got to be, it's got to be.

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AirFair pointed out that because Lovelace was cancelling his contract

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after four weeks and the company had already submitted a claim

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on his behalf, he would be liable to pay some costs.

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And the company suggested he contacted BA directly to say that, from now on,

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he would be taking the claim forward so all enquiries should be directed his way.

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But when Lovelace got in touch with BA to do just that,

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the airline had some unexpected news.

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It told him that his claim had already been settled some weeks previously

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and in fact his compensation, a total of £643,

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had already been paid to a firm of solicitors

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acting on behalf of airFair.

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Astonished to hear this, Lovelace contacted airFair again

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and the company said it would check its records and send him compensation.

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But weeks on, with no word from them,

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Lovelace began to doubt whether he would ever see his money.

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But determined to get his compensation,

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and backed up with a letter from BA confirming it had paid out,

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airFair finally agreed to hand over his money - minus its 36% fee.

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Yet five months on after first contacting airFair,

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he was still waiting for his cheque.

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I haven't seen a penny

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and they said that they are going to pay me any day now,

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but it isn't here yet.

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What they want to pay me, they want to pay me minus their fees

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for five months of frustration.

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Well, six days after we filmed with Lovelace,

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he did finally received his cheque and he thinks the whole process

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of claiming his compensation was unnecessarily complicated and costly.

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We put that to airFair which responded by saying a series of unfortunate events

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have surrounded this case and that though it had submitted Lovelace's claim right away,

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BA hadn't let it know that the compensation had been paid out.

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In fact, airFair went on to say that BA consistently fails

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to advise claims companies of successful claims

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and it blames the airline for the confusion and delays in Lovelace's case.

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It said when BA issued the cheque,

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it didn't provide any reference numbers,

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making it impossible to determine which client the payment related to,

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which is why it was unable to tell Lovelace that he had been successful with his claim.

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The company was also keen to point out that as soon as it

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was made aware that it had won the case on Lovelace's behalf,

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it sent him not just his cheque but also, as a gesture of goodwill,

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a refund of its success fee of £230.81.

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And it pointed out that over the last 12 months,

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it has regained a total of £1.2 million compensation

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for delayed passengers.

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Well, we took airFair's criticisms back to BA,

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but while the airline admitted mistakes were made in handling this case,

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it emphasised that there is no need for customers to involve claim firms

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which will keep back a proportion of any compensation.

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It advises customers to claim directly through the BA website,

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which it says can be done by filling out one simple form online.

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And with the benefit of hindsight,

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Lovelace now wishes he had done just that.

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Knowing what I know now,

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I definitely wish that I was just a bit more persistent

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and just stuck with it and approached BA

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and just gone solely through them.

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I know it would've been far less of a problem

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than going with these so-called specialists.

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The saying there's no such thing as a free lunch rings especially true

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with the people in this next film.

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Believing that they booked a holiday that included free cancellation,

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they were shocked to discover that when, unfortunately, they had to change their plans,

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the free part of the cancellation process

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didn't seem to exist after all.

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And despite thinking that they had done everything they could

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to prevent themselves losing any money,

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I'm afraid that's exactly what did happen.

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With the increase in holiday-makers who love to plan their own trips,

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hotel booking websites have boomed.

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All you need to do is type in where you're going and the dates you'll be arriving

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and these sites will provide a whole list of suitable hotels,

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from the cheapest to the most expensive.

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Laura and Michael may live on the sun-drenched island of Majorca,

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but they still like to get away on a holiday every now and again.

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And they have always found hotel booking sites a great help

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when deciding where to stay.

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I am hopeless at going online. I have no patience.

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But Michael's brilliant, he loves it.

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He sits on the price-comparison sites

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and it was on one of these price-comparison sites

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that he found Agoda.

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Agoda.com is a well-known travel booking website

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which compares prices of hotels and even flights.

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Laura and Michael were planning a mini break to Barcelona

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and found a really good rate on Agoda for a Travelodge there.

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And the couple say they deliberately chose a slightly more expensive room rate

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because it stated on the booking page that doing so

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would give them the option to cancel free of charge if they needed to.

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We paid quite a bit more, I paid quite a bit more,

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but I knew I could cancel within five days.

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But once they had made the booking via the website,

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they realised the hotel was not in the part of Barcelona they wanted to stay in,

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so Laura called Agoda.com to cancel.

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But she was in for a shock.

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She was very calm and she told me in no uncertain terms

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I could not cancel, that I was going to have to pay for the room,

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and I couldn't in any way explain to her, I had the cancellation policy.

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"Oh, no, you don't, you've opted not to have it."

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The problem was that while Laura is certain that at the time of booking

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she was promised free cancellation, the confirmation e-mail,

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which she didn't read in detail, says something very different,

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stating that if the room is cancelled,

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the total price of the reservation will be charged.

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This is absolutely outrageous.

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I just think it's unbelievable.

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You've got two contradictory things.

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One I saw, unfortunately one I didn't see until afterwards.

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But it was too late anyway, even if I had phoned them up and said,

0:18:380:18:42

"Look, I've booked with a cancellation policy, look here,"

0:18:420:18:45

they still would have charged me.

0:18:450:18:47

There was nothing you could do. You were hitting your head on a brick wall with these people.

0:18:470:18:51

We contacted Agoda.com about Laura's story,

0:18:510:18:54

but it failed to get back to us.

0:18:540:18:56

We do know, however, that the company insists

0:18:560:18:59

that the rate they selected was non-refundable

0:18:590:19:02

as stated in the confirmation e-mail.

0:19:020:19:05

But Travelodge has offered the couple a free night at a hotel

0:19:050:19:08

as a gesture of goodwill.

0:19:080:19:10

Even so, back at her home in Majorca,

0:19:100:19:13

Laura feels the booking process is confusing and misleading

0:19:130:19:17

and is annoyed at the idea of losing so much money

0:19:170:19:20

on a hotel room she never even stayed in.

0:19:200:19:23

This is about principle.

0:19:230:19:25

I cannot be the only one and I really, really hope that somehow,

0:19:250:19:28

that other people, if they know about it,

0:19:280:19:31

that they won't do the same.

0:19:310:19:33

Well, here at Rip-Off Britain, we've heard from a number of other people who have fallen foul

0:19:330:19:37

of the cancellation policies on hotel booking websites

0:19:370:19:40

and, as a result, been left hundreds of pounds out of pocket.

0:19:400:19:43

Many would say the small print and different rates available

0:19:440:19:48

make it all too easy to get confused and travel expert Bob Atkinson

0:19:480:19:52

agrees that with all of these sites packed with different deals and rates,

0:19:520:19:57

you need to be absolutely sure that when you see an offer or anything like free cancellation,

0:19:570:20:03

it definitely applies to the room that you have booked.

0:20:030:20:07

As with any transaction online,

0:20:070:20:09

you need to be careful when you're research and booking.

0:20:090:20:12

Experienced users may well be aware that a particular word is actually there

0:20:120:20:17

because it's part of a functionality of a website

0:20:170:20:20

and is not an actual promise.

0:20:200:20:22

And Bob also says that even if you're sure the booking page

0:20:220:20:25

is offering free cancellation,

0:20:250:20:27

you should always check the terms and conditions,

0:20:270:20:30

as they can sometimes differ.

0:20:300:20:32

Actually do read them and ask yourself the fundamental question with a hotel booking,

0:20:320:20:37

if I need to change this booking or if I need to cancel this booking,

0:20:370:20:41

what would I need to do?

0:20:410:20:43

And so that you've got proof of everything,

0:20:430:20:46

as you progress through your online booking,

0:20:460:20:48

Bob says it may be worth keeping a copy of each stage of the process.

0:20:480:20:53

My advice is to take screenshots of the transaction as you do the transaction

0:20:530:20:58

and have a good copy of not only the confirmation screen

0:20:580:21:03

but also of anything such as cancellation or amendment fees

0:21:030:21:07

that they may be charging.

0:21:070:21:09

That is something that David Neill from Ledbury now wishes he had done.

0:21:100:21:14

David enjoys trips around Europe

0:21:140:21:16

and he likes to make a rough plan for each trip before he goes,

0:21:160:21:20

which sometimes involves provisionally booking hotels along the route.

0:21:200:21:24

And last year, he was looking into a three-day drive

0:21:240:21:27

around the south of France with his grandchildren.

0:21:270:21:30

Oh, that looks lovely.

0:21:300:21:32

We went onto the booking.com site and put in the requirements.

0:21:320:21:37

One room, two adults, two children.

0:21:370:21:40

Put the ages of the children, 11 and 12.

0:21:400:21:42

Came up with a selection of hotels to choose from,

0:21:420:21:48

which clearly said on the screen "free cancellation, no payment".

0:21:480:21:53

This four-star hotel was a great price in a good location

0:21:530:21:57

and David is absolutely certain that the booking form made clear

0:21:570:22:01

that you would pay for the room on arrival

0:22:010:22:04

and there was a flexible cancellation policy.

0:22:040:22:07

No two ways about it, you know, at that stage of planning,

0:22:080:22:11

we would not have booked a hotel room with no...

0:22:110:22:15

..without free cancellation.

0:22:170:22:19

We just couldn't do that.

0:22:190:22:21

But after pencilling the hotels,

0:22:210:22:23

David noticed that the cost of flights was way too expensive.

0:22:230:22:27

So he decided to put his plans on the back burner.

0:22:270:22:30

He contacted Booking.com to cancel his booking

0:22:300:22:33

but was told he would need to call the hotel directly.

0:22:330:22:37

I contacted the hotel in France,

0:22:370:22:40

they then asked for a copy of the confirmation.

0:22:400:22:45

When she had that, she said it was a non-refundable amount.

0:22:460:22:52

Because they had taken the money out of my bank,

0:22:520:22:56

they couldn't cancel it, which I couldn't really understand.

0:22:560:23:00

The hotel pointed out to David that its confirmation e-mail clearly stated

0:23:000:23:05

that he would be charged for the room if he chose to cancel.

0:23:050:23:08

But David is resolute that when he had booked,

0:23:080:23:11

he chose the free-cancellation option

0:23:110:23:13

and that he wasn't supposed to be charged until arrival.

0:23:130:23:17

But without a screenshot of the booking, he couldn't prove any of that.

0:23:170:23:21

We had deliberately gone for a free cancellation on the hotel.

0:23:210:23:26

We're not novices.

0:23:260:23:29

It was quite clear it said free cancellation,

0:23:290:23:32

so I was somewhat surprised to find out on the confirmation e-mail

0:23:320:23:36

that even if we cancelled then, it is payment in full.

0:23:360:23:40

And indeed, two days later, it had gone out of my bank account.

0:23:400:23:44

Both the hotel and Booking.com refused to refund David the £320

0:23:440:23:50

for the room that he had never slept in.

0:23:500:23:53

Booking.com told us that it offers a variety of different rate

0:23:530:23:57

and policy options from which travellers can choose.

0:23:570:24:01

And that on this occasion David chose a low non-refundable rate,

0:24:010:24:06

which it says was made clear at every stage in the booking process.

0:24:060:24:10

Booking.com went on to say that when David first asked to cancel

0:24:100:24:14

the booking, it did try to help by contacting the hotel.

0:24:140:24:18

But it says the accommodation was unwilling

0:24:180:24:20

to waive the associated cancellation fees.

0:24:200:24:23

Well, clearly in both these cases,

0:24:250:24:27

there is very clear disagreement between the two sides.

0:24:270:24:30

Laura and David clearly believe

0:24:300:24:32

they chose the free cancellation option when booking their rooms,

0:24:320:24:36

but equally two big-name websites insist that they didn't.

0:24:360:24:40

And while it could be that they did make a mistake,

0:24:400:24:43

there's no doubt that with the variety of options on sites like these,

0:24:430:24:47

it can be all too easy for a booking to end up

0:24:470:24:50

not quite as you would expect it.

0:24:500:24:52

So Bob Atkinson says the key thing is always to check your confirmation e-mail

0:24:520:24:58

and query anything that does not tally

0:24:580:25:01

with what you thought you'd booked.

0:25:010:25:03

If this doesn't match up,

0:25:030:25:05

you should contact the company pretty much straightaway

0:25:050:25:08

and give them the opportunity to do something about it at the beginning.

0:25:080:25:11

But after this experience, David, who has travelled the world

0:25:110:25:15

and booked many dozens of hotels over the years,

0:25:150:25:18

reckons that booking sites need to be much clearer

0:25:180:25:21

about the cancellation policies that are attached to different rates.

0:25:210:25:26

Basically, when I book something,

0:25:260:25:28

I want it to say what it does on the screen that I am looking at.

0:25:280:25:34

I'm not stupid. I can read things.

0:25:340:25:37

When we get a £30 cheap room, it says non-refundable. That's fine.

0:25:370:25:41

But if it says free cancellation, it should mean free cancellation.

0:25:410:25:46

Still to come On Rip-off Britain...

0:25:520:25:54

Getting nowhere resolving your holiday complaint?

0:25:540:25:57

We'll reveal how an avenue you won't have heard of could be the answer.

0:25:570:26:01

It was just a wonderful feeling

0:26:010:26:03

because we worked so hard to get to this point,

0:26:030:26:05

and to hear that we had won the case was just absolutely fantastic.

0:26:050:26:10

Fantastic.

0:26:100:26:11

Our travel expert Simon Calder is full of the secrets

0:26:150:26:18

that will save you money on your travels.

0:26:180:26:20

He has got plenty of tips on everything,

0:26:200:26:23

from how to avoid the crowds to the best way to steer clear of those tourist traps.

0:26:230:26:28

This time, Tunisia.

0:26:280:26:30

Three years on from the terrorist attack at a hotel in Sousse that left many people dead,

0:26:310:26:35

the north African favourite is now finally back on the map for UK visitors

0:26:350:26:40

and, to entice us to return, there are some great-value deals.

0:26:400:26:45

There are far fewer flights than there used to be

0:26:450:26:48

with the main departures from Heathrow, Gatwick and Manchester.

0:26:480:26:52

So you could get a flight from your local airport

0:26:520:26:55

and change en route in somewhere like Paris.

0:26:550:26:58

Most flights go to Tunisian capital Tunis, which is well worth a visit.

0:26:590:27:04

You can get lost in the maze of ancient Medinahs,

0:27:040:27:08

relax on sandy beaches or sample the delightful tasty Tunisian cuisine.

0:27:080:27:13

It's somewhere I like to base myself,

0:27:130:27:15

partly because it is a fascinating port city,

0:27:150:27:18

but also because it is the hub of the excellent Tunisian railway network,

0:27:180:27:23

one of the country's great joys.

0:27:230:27:25

Resorts such as Hammamet, Sousse and Monastir

0:27:260:27:29

are very well linked to the capital.

0:27:290:27:32

A first-class rail ticket from Sousse to Tunis costs just £4 or so.

0:27:320:27:37

But remember, children aged ten or over are classed as adults.

0:27:370:27:41

Consider a day trip by train

0:27:410:27:43

to the nearby archaeological site of Carthage.

0:27:430:27:46

But wherever you go, keep on top of when you need to change more money.

0:27:460:27:51

I reckon every country has its favourite foreign currency

0:27:510:27:55

and for Tunisia it is the euro.

0:27:550:27:57

But British pounds are still widely accepted

0:27:570:28:00

at reasonable rates of exchange.

0:28:000:28:03

Just make sure you change little and often

0:28:030:28:06

so you don't get left with a wad of Tunisian cash

0:28:060:28:09

to try to swap back at the end of your trip.

0:28:090:28:11

Tunisia is one of a number of countries that bans tourists

0:28:120:28:16

from moving money in and out of the country.

0:28:160:28:19

So remember, no respectable bureau de change in the UK

0:28:190:28:22

will supply or exchange the Tunisian dinar.

0:28:220:28:25

Upon arrival at the airport,

0:28:250:28:27

exchange a small amount of money and then shop around for the best deals.

0:28:270:28:31

Unusually, it is worth checking with hotels

0:28:310:28:33

as they have been known to offer competitive rates.

0:28:330:28:37

By the way, don't be tempted to think,

0:28:380:28:40

oh, I will just take the money home with me and bring it back on my next trip.

0:28:400:28:44

The Tunisian authorities have been known to conduct spot checks

0:28:440:28:49

on departing passengers, looking for Tunisian banknotes.

0:28:490:28:53

So instead be generous.

0:28:530:28:55

Keep the change.

0:28:550:28:57

That's a first.

0:28:570:28:58

Tunisia is an Islamic country and, of course,

0:28:580:29:01

you should respect local customs,

0:29:010:29:03

especially during the holy month of Ramadan, which, in 2018,

0:29:030:29:07

runs from mid-May to mid-June.

0:29:070:29:10

To avoid causing inadvertent offence,

0:29:110:29:14

men should save shorts for the beach and the hotel.

0:29:140:29:17

Women should cover up most of their arms

0:29:170:29:20

and most of their legs most of the time.

0:29:200:29:22

When in doubt, err on the side of modesty.

0:29:220:29:25

Now, when part of a holiday goes wrong,

0:29:290:29:32

knowing where to take your concerns to can be tricky to say the least.

0:29:320:29:35

And if you are being passed from pillar to post between the companies you're dealing with,

0:29:350:29:39

it can be really difficult and very frustrating to get the whole thing resolved.

0:29:390:29:44

But one Rip-Off Britain viewer, who found themselves in exactly this position,

0:29:440:29:48

stumbled across a route that even we hadn't heard of.

0:29:480:29:51

So if you're hitting a brick wall trying to get your problem sorted,

0:29:510:29:54

then listen up as we have some advice

0:29:540:29:57

that could be just what you are looking for.

0:29:570:30:00

Sometimes holidays simply don't go to plan, whether it's bad weather,

0:30:000:30:03

sudden ill health or even long delays.

0:30:030:30:06

All manner of unexpected events can not only ruin your plans,

0:30:060:30:10

but in some cases leave you seriously out of pocket as well.

0:30:100:30:13

As was the case for Jenny and Charles Hill from north London,

0:30:170:30:21

who had planned the trip of a lifetime

0:30:210:30:23

on the trans-Siberian railway from Russia through Mongolia to China.

0:30:230:30:27

It was like no trip we had ever thought of before,

0:30:290:30:32

so it was going to be special.

0:30:320:30:34

Something that we could remember and look back on

0:30:340:30:37

and really have some memories which would be absolutely fantastic.

0:30:370:30:42

The train journey was from Saint Petersburg to Moscow,

0:30:420:30:46

right through Russia and onwards and so we had to fly out from the UK

0:30:460:30:51

to Saint Petersburg and we had a stopover in Berlin.

0:30:510:30:54

But no sooner had the couple flown into Saint Petersburg

0:30:540:30:58

then their trip of a lifetime began to unravel.

0:30:580:31:01

We got to the place to collect our luggage

0:31:010:31:05

and we stood there and we stood there

0:31:050:31:09

and the carousel went round and round

0:31:090:31:13

and our luggage didn't appear.

0:31:130:31:15

And everybody else's seemed to have and had departed so...

0:31:150:31:19

A horrible sinking feeling of, you know, where on earth is it?

0:31:190:31:23

And what has happened to it?

0:31:230:31:25

Both the couple's suitcases were missing

0:31:260:31:28

with everything they needed for their holiday inside.

0:31:280:31:32

Our holiday was 19 days

0:31:320:31:34

and we only had the clothes we were standing up in.

0:31:340:31:37

Travelling on the train,

0:31:370:31:39

nothing is supplied so you had to have some food things with you,

0:31:390:31:43

which were in our cases,

0:31:430:31:45

and you had to have all those things as well as your clothing.

0:31:450:31:48

There was the awful feeling, is this the end of the trip?

0:31:480:31:51

We were seriously considering flying back to the UK

0:31:510:31:56

and organising that and just saying, scrub the whole thing.

0:31:560:31:59

Their airline, airberlin, reassured them

0:32:000:32:03

that when their suitcases turned up it would be in contact.

0:32:030:32:06

But faced with a very long journey and none of the things they needed,

0:32:060:32:09

Jenny and Charles turned to their travel insurance company for help.

0:32:090:32:12

I phoned the insurance company,

0:32:130:32:16

explained that we needed a lot of things as we were going on the train

0:32:160:32:19

and they said, that's fine, just go ahead, get whatever you need.

0:32:190:32:23

So instead of seeing various things we had been planning to see,

0:32:230:32:27

we had to find somewhere to shop.

0:32:270:32:29

So it was actually quite worrying, yeah, quite stressful.

0:32:290:32:34

But at least the couple had the reassurance that the extra money spent

0:32:360:32:39

could be claimed back once they got home.

0:32:390:32:41

And the day before they were due to catch the train,

0:32:410:32:44

they received some more good news.

0:32:440:32:46

We were returning back to the hotel with a suitcase and the things we had bought

0:32:460:32:51

and got a phone call about 7.00 in the evening

0:32:510:32:54

saying that one suitcase had been found.

0:32:540:32:56

Jenny's suitcase was at the airport ready to be picked up.

0:32:580:33:01

I was very relieved that this first suitcase was mine.

0:33:010:33:04

It was hers.

0:33:040:33:06

I would finally have some clothes that I could wear

0:33:060:33:10

and you were a bit disappointed that your suitcase was still missing.

0:33:100:33:14

Yes.

0:33:140:33:16

But with one of their cases safely returned,

0:33:170:33:19

the couple set off on their train journey across Siberia.

0:33:190:33:23

And it wasn't long before airberlin contacted them again.

0:33:230:33:26

We were halfway across Russia,

0:33:260:33:29

we got a text saying the second suitcase had arrived

0:33:290:33:32

and could be sent on to us.

0:33:320:33:34

But as we were constantly on the move,

0:33:340:33:36

it was impossible to really meet up with our suitcase,

0:33:360:33:39

so we asked for it to be sent back to the UK

0:33:390:33:43

and arranged for it to be delivered to our house here.

0:33:430:33:46

-That's Saint Petersburg.

-Yes.

0:33:460:33:49

But after their mammoth 19 days' journey,

0:33:490:33:51

the couple returned home to find the suitcase had not arrived.

0:33:510:33:55

And we got back and the suitcase wasn't here so, you know, gosh,

0:33:550:33:59

what on earth has happened to it? Where is it?

0:33:590:34:02

And all enquiries that we made to airport terminals

0:34:020:34:06

led to no result at all.

0:34:060:34:08

No-one seemed to know where it was.

0:34:080:34:11

Now, according to official Civil Aviation Authority guidelines,

0:34:110:34:15

if your suitcase has been missing for over 21 days,

0:34:150:34:18

then it is officially declared as lost

0:34:180:34:20

and you should be entitled to up to £1,000 compensation.

0:34:200:34:24

But in order to claim this money,

0:34:240:34:25

Jenny and Charles needed confirmation from airberlin

0:34:250:34:29

that their suitcase had been declared lost.

0:34:290:34:31

Without it they wouldn't get anywhere claiming back the money

0:34:310:34:34

from either the airline or indeed their travel insurance.

0:34:340:34:37

And I'm afraid that's how things turned out.

0:34:370:34:39

The couple say that despite numerous e-mails,

0:34:390:34:42

their inquiries to the airline went unanswered.

0:34:420:34:45

You honestly don't know what to do

0:34:450:34:47

because you think your insurance will pay

0:34:470:34:49

and then there is a reason why they can't

0:34:490:34:51

and you can't get hold of airberlin.

0:34:510:34:53

You should have rights as a customer,

0:34:530:34:55

but the whole process is going nowhere.

0:34:550:34:59

The battle with airberlin for compensation went on for two years,

0:35:000:35:04

although during that time the airline did make what the couple thought was a derisory offer.

0:35:040:35:09

We finally got an e-mail back saying,

0:35:100:35:13

"Since the replacement clothing you bought during your stay can be kept for future use,

0:35:130:35:17

"we will refund 50% of your expenses, amounting to 653 euros.

0:35:170:35:23

"But since we have to repay your insurance with the £500 they have paid you,

0:35:230:35:27

"this amount would need to be deducted for the final settlement.

0:35:270:35:31

"The remaining refund of 75 euros has been transferred to your bank account."

0:35:310:35:36

That offer was an insult, I mean, really...

0:35:360:35:38

..terrible.

0:35:400:35:41

Thoroughly disappointed with the final amount they were offered,

0:35:410:35:45

which fell far short of the value of the contents of their case,

0:35:450:35:48

and indeed frustrated by the time it was taking to sort it all out,

0:35:480:35:51

they seem to be running out of options.

0:35:510:35:54

But then a friend recommended another avenue she could try.

0:35:540:35:57

It is known as the European Small Claims Court

0:35:570:36:00

and is a court system that works in much the same way

0:36:000:36:03

as a Small Claims Court here in the UK.

0:36:030:36:06

You can make a claim against any company that is outside the UK

0:36:060:36:10

but part of the EU.

0:36:100:36:12

So I went to the website for the European Small Claims Court,

0:36:120:36:16

found the relative claim forms - there is four of them to do.

0:36:160:36:20

It takes three or four days to be sure you have got it right,

0:36:200:36:24

to look at the guidelines and understand what is being asked for.

0:36:240:36:28

Then you post it off to the Crown Court.

0:36:290:36:32

Jenny put in a claim against airberlin for £811.51,

0:36:340:36:38

which included the total expenses incurred,

0:36:380:36:41

the court processing fee and interest for the delay in payment.

0:36:410:36:44

And to her delight and relief, just over a month later,

0:36:440:36:48

she discovered the whole amount had been paid directly into her bank account.

0:36:480:36:52

Oh, it was just a wonderful feeling

0:36:520:36:54

because we worked so hard to get to this point

0:36:540:36:56

and so many times had thought we weren't going to manage it

0:36:560:37:01

and to hear that we had won the case was just absolutely fantastic.

0:37:010:37:05

Fantastic.

0:37:050:37:06

Fantastic feeling of relief and really it was quite astonishing

0:37:060:37:11

and to feel that we didn't have to go any further

0:37:110:37:14

and fight this any more.

0:37:140:37:16

The relative ease with which the process was resolved

0:37:160:37:19

with the European Small Claims Court compares very favourably

0:37:190:37:23

with the long drawn-out battle with airberlin,

0:37:230:37:25

which since filming this programme has gone into administration.

0:37:250:37:28

A fact which may explain at least some of the delays

0:37:280:37:31

the couple experienced.

0:37:310:37:33

But using this little-known court could well be the solution

0:37:330:37:37

to other disputes as well.

0:37:370:37:39

And indeed, solicitor Neil Quantic

0:37:390:37:41

is currently weighing up whether it might help in his case.

0:37:410:37:44

He feels he has been left over 4,000 euros out of pocket

0:37:440:37:47

after a villa he booked for a family holiday in Marbella

0:37:470:37:50

left him feeling disappointed.

0:37:500:37:52

We bought a week's stay in a luxury villa

0:37:540:37:57

with a swimming pool and a Jacuzzi.

0:37:570:37:59

This swimming pool was totally unusable

0:37:590:38:01

and the Jacuzzi was out of action.

0:38:010:38:03

The villa was dirty, there was broken furniture,

0:38:030:38:06

the air conditioning didn't work.

0:38:060:38:08

But critically it wasn't what we had paid for.

0:38:080:38:11

On day one of their holiday,

0:38:110:38:13

Neil contacted the owners of the villa to express his concerns.

0:38:130:38:16

But it appeared there was very little they could do to put things right.

0:38:160:38:20

We had no reassurance at all that the owners

0:38:200:38:23

could rectify the problem at all,

0:38:230:38:25

let alone in a time frame that was going to be acceptable for us,

0:38:250:38:29

given that we were only there for seven days.

0:38:290:38:31

Neil was offered an alternative villa,

0:38:310:38:34

but he didn't consider that up to scratch either.

0:38:340:38:36

It was a dumping ground, it wasn't ready for holiday let

0:38:360:38:40

and it wasn't anything close to the villa that we had booked,

0:38:400:38:43

so we didn't want to stay there as an alternative.

0:38:430:38:46

It wasn't anything like the villa we had booked.

0:38:460:38:49

Neil and his family didn't stay at either villa

0:38:500:38:52

and instead drove around Marbella until they found an alternative.

0:38:520:38:56

And once the holiday was over Neil started seeing how he could get back

0:38:560:39:00

the 4,000 euros he had paid for a villa that he didn't even stay in.

0:39:000:39:04

But he says he was told by the Spanish owners that, as he lives in the UK,

0:39:040:39:08

he stands very little chance of getting any money back.

0:39:080:39:11

We totally hit a brick wall with the owners.

0:39:120:39:15

They made it quite clear they wouldn't refund any of the rental we paid

0:39:150:39:19

and really the focus turned

0:39:190:39:21

to not whether they should or shouldn't refund us

0:39:210:39:25

but a view from them that we would never be able to catch up with them

0:39:250:39:30

because they weren't resident in England, they were resident in Spain.

0:39:300:39:34

12 months on, Neil hasn't received anything from the owners of the villa,

0:39:350:39:40

but he too wonders if the European Small Claims Court could help

0:39:400:39:43

and, despite spending over 20 years in law,

0:39:430:39:46

it is an option that Neil didn't even know existed.

0:39:460:39:49

I am a practising solicitor and have been all my career.

0:39:490:39:53

I have been dealing with UK courts, not a consumer specialist,

0:39:530:39:57

but hadn't come across at any point the fact that this European system

0:39:570:40:02

was available to consumers and could be used without the help of lawyers

0:40:020:40:07

in just the same way as our own small claims system

0:40:070:40:10

can be used here in the UK.

0:40:100:40:12

And while there is no certainty that he will win his case,

0:40:140:40:16

which would mean losing the fee you pay to register the claim,

0:40:160:40:19

Neil is just delighted to have another avenue to try.

0:40:190:40:22

Making a claim against a foreign company abroad might seem daunting,

0:40:220:40:27

but, as both Jenny and Charles found out,

0:40:270:40:29

the whole process is surprisingly straightforward.

0:40:290:40:32

And while Adam Mortimer from the European Consumer Centre

0:40:320:40:35

says the claim court should only be used as a last resort,

0:40:350:40:38

it is one that can be used in a real variety of situations

0:40:380:40:42

where you feel a company owes you money.

0:40:420:40:45

Such a wide range of cases that you can use this in.

0:40:450:40:47

Anything from flight delays, from just general consumer purchases,

0:40:470:40:52

goods not being delivered, car hire,

0:40:520:40:55

purchases that you have made for accommodation, the list is endless.

0:40:550:40:58

Any kind of consumer purchase.

0:40:580:41:01

Obviously as the UK heads towards Brexit,

0:41:010:41:03

there is some doubt over whether in future we will be able

0:41:030:41:06

to make a claim through the European Small Claims Court.

0:41:060:41:09

With leaving the EU, European Small Claims Court may not be an option for you.

0:41:090:41:13

This could mean getting a lawyer and taking a court case

0:41:130:41:16

through the country where the trader is based,

0:41:160:41:18

incurring high fees and a lengthy delay.

0:41:180:41:21

This is something that we'd obviously not like to see for consumers.

0:41:210:41:23

So perhaps the best advice is, get in quick.

0:41:230:41:26

And while Neil waits to hear the outcome in his case,

0:41:260:41:29

Jenny remains thrilled at how it all worked out in hers.

0:41:290:41:32

Without the European Small Claims Court,

0:41:320:41:35

we would not have been successful.

0:41:350:41:37

We would not have had the money refunded.

0:41:370:41:39

So the public really need to know about this

0:41:390:41:42

and the message needs to get out that there is something you can do.

0:41:420:41:47

Rip-Off Britain wouldn't be here without your stories

0:41:520:41:55

and we have got plenty of ways you can get in touch.

0:41:550:41:58

You can send us an e-mail to...

0:41:580:42:00

Or you can write to us at...

0:42:030:42:05

But please do not send us original copies of any documents.

0:42:120:42:15

And even if you haven't got a story that you would like us to investigate,

0:42:170:42:20

you can join in with the conversation on our Facebook page.

0:42:200:42:23

Just search BBC Rip Off Britain.

0:42:230:42:26

Well, let's hope we've giving you plenty of pointers on what to do

0:42:300:42:33

if you ever find yourself in situations

0:42:330:42:35

like the ones we have been hearing about today.

0:42:350:42:38

And remember, if all that fine print in the contract

0:42:380:42:40

is a little too complicated and off-putting,

0:42:400:42:42

you can always take your business elsewhere.

0:42:420:42:44

That's true and that very wise advice is just about where we have to leave it for today.

0:42:440:42:49

But I am delighted to say

0:42:490:42:50

we have lots more Rip-Off Britain programmes

0:42:500:42:53

coming up over the next few months.

0:42:530:42:54

Not just on the subject of holidays but investigating your stories

0:42:540:42:58

about food and indeed any consumer topic

0:42:580:43:01

that has left you feeling let down or indeed ripped off.

0:43:010:43:04

And of course it goes without saying,

0:43:040:43:06

we would not have any of these programmes without you

0:43:060:43:09

and without all of the experiences you are prepared to share with us

0:43:090:43:12

so that others don't get caught out in the same way.

0:43:120:43:15

So please do keep your stories, your e-mails and your letters coming.

0:43:150:43:18

We really are very grateful for every single one of them.

0:43:180:43:21

And we will be back to look into more of them very soon.

0:43:210:43:24

-So, until then, from all of us on the team, bye-bye.

-Bye.

-Bye.

0:43:240:43:28

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