I just had a crazy holiday. It was supposed to be a dream holiday with all inclusive, four star package, but it was spoiled when I discovered that the all inclusive menu for lunch and dinner had no vegetarian options (I’m a vegetarian).
On the second day, the air conditioning in my room broke down, so I was moved to another room and charged extra at check-out because it was a “superior room.” To top it off, my flight home was severely delayed due to the computer glitch. What compensation can I claim for this sad story?
W. Rogers, via email.
My holiday was ruined when I discovered that the all-inclusive menu for lunch and dinner had no vegetarian options.
Dean Dunham responds: When you book a vacation package, you are broadly protected by a law known as the “Package Travel Regulations.”
Under this, you have a basic right to receive the holiday you paid for: it must match the description and expectations set out by the holiday organiser (in this case, the company that booked the holiday for you and the accommodation provider).
You have three complaints: the all-inclusive food was inadequate, the problem with your room and the fact that you were charged for the transfer, and the flight delay.
As regards the first point, in my opinion this is a clear breach of contract by the organiser (the regulations call it a “lack of conformity”), as it was reasonable to assume that the all-inclusive hotel would cater to vegetarians. You will therefore be entitled to claim a “price reduction” under Regulation 16 to take into account the fact that you paid for something you were unable to use.
Therefore, you should be reimbursed for the cost of the all-inclusive element of the holiday. Your second complaint is also valid, as the hotel organiser was obliged to move you to another room and the regulations say that you should be moved to a “comparable” or “better quality” room, i.e. “at no additional cost”.
You are therefore now entitled to a refund of the additional charge you paid. It is also possible to claim compensation for “loss of enjoyment” and given the problems you experienced, in my opinion you are entitled to this. There is no prescribed amount and it is calculated based on the severity of the problems.
I’ll leave the bad news for last. As the flight delay was due to a global computer crash, it was clearly beyond the control of both the airline and the holiday organiser, so it is considered an extraordinary circumstance, so neither of them has to pay compensation.
I booked a company online to change the locks on my front and back doors. I wasn’t told anything about the cost, but after installation the bill came to £746, including £45 travel because the locksmith came from miles away. I feel ripped off. What can I do?
O. Green, via email.
Dean answers: Fortunately, in this case, you are protected by two laws: the Consumer Rights Act 2015 and the Consumer Contracts Regulations. Section 51 of the Consumer Rights Act says that where there is no agreed price for a service, the trader cannot take advantage of the customer by charging whatever they want.
That would allow dishonest traders to rip off consumers. The law states that where a price has not been agreed before a service is performed, the trader can only charge a “reasonable price” – it must be comparable to what another “reasonable” and “honest” trader in your area would charge. Get three quotes from local locksmiths – you should pay the average cost.
The trader obviously did not inform the consumer of his location and that he would charge him for travel expenses. The Consumer Contracts Regulation states that when a trader sells his services at a distance (for example via the Internet), he must tell the consumer where his business is located.
In addition, merchants can never surprise consumers with an undisclosed charge prior to the provision of the service, so they cannot be forced to pay travel costs.
If you have already paid, demand a refund of your travel expenses and the difference between what you paid and what a reasonable locksmith would have charged you. If you are denied a refund, file a chargeback claim if you paid by debit card.
Otherwise, check to see if the locksmith is affiliated with any association or alternative dispute resolution system where you can file a complaint. Otherwise, your only remaining recourse would be to go to small claims court.
