If you are planning to book through www.onthebeach.co.uk (www.otb.co.uk) read this first!

I unfortunately have had a recent bad experience with www.OntheBeach.co.uk (www.otb.co.uk).

A Summary of the complaint.

Basically beware of a triple price match guarantee that they will not honour, misleading advertising, and hidden £300 cancellation charges (in addition to your deposit)

I have tried to resolve this through the normal complain procedures but have just received numerous canned responses from the customer service department (if you can call them that) and I feel I have no further response but to publish my experience to help aid any future customers/victims.


Details of the Complaint.
I was looking to book my hotel for our up and coming honeymoon and found the perfect resort (The Baron 5* Resort in Sharm el sheik). After looking around on the net I found what I thought was a good deal with www.onthebeach.co.uk. I would normally look around allot more before booking but we noticed that they offer a triple price match guarantee and thought that if we found it cheaper anywhere else we would be able to claim this back, So I booked.

After a little more research I found a great deal with another company £500 cheaper and so collected the details and emailed www.onthebeach.co.uk to claim under the triple price match guarantee. Basically they should deduct £1500 from my holiday balance.

The next day I received a canned response from OTB stating that they do not honour their price match guarantee for hotel only bookings.

I want to emphasise that I was totally unaware of this as the icon is plastered all over their site including the hotel only section and even appears directly above the total on the hotel only booking page. There is also no detail saying terms apply on this icon.

I called their customer service department and was told that I should have known to click the icon where it brings up a huge list of exclusions and requirements to this deal (in my opinion worded so it is practically impossible to claim under any circumstance).

To be honest I was expecting a little resistance because of the amount of this claim and was not interested in making money on the deal so emailed asking if they would compromise by just doing a simple price match to the other site basically waiving the £1500 I felt I was entitled to from the offer.

Cue the canned response. No

I felt that I did not want to get into a long strung out conflict so informed them that I would like in that case to cancel my booking and asked for my £60 deposit back as a goodwill gesture.

Cue another canned response. And you guessed it; I was given a no chance.

I was then informed that if I wanted to cancel my booking I would not only lose my deposit but would need to pay an extra £300 in cancellation fees!

I questioned this fee given the history of the complaint and you guessed it got another canned response basically saying tough luck.

Reference number: 36808656
I booked an all inclusive holiday for a week in Gran Canaria through Thomson Holidays. Shortly following receipt of the final payment, Thomson advised me that the return flight with Thomson Airways was not now available, and my wife and I had been switched to a return flight with Thomas Cook. The new flight was scheduled to depart at 13:00, whereas the original flight was not due for take off until 19:40. Additionally, I was advised that there was no pre-bookable seating service on this flight. I had reserved extra leg room seats on the original flight.

The letter from Thomson Holidays contained not one word of apology!

As a result of the change in flight, my wife and I have lost the last day of our stay in Gran Canaria, which has been paid for through our all inclusive package.

I have sent several letters of complaint, all of which have not satisfactorily addressed the issues (including a change to the payment schedule, contrary to Thomson's own terms and conditions)I have raised.
I have not received a reply to my last letter, which advised Thomson's that I would refer this matter to third parties, if a did not receive an appropriate reply.

I now look forward to my complaint being published on the web sie.

To:

Office of Fair Trading

Dear Sirs,

My name is Ernesto Granese.
On the 15th of July, (over a month before I picked up my car at Milan, Malpensa) I booked an economy car with OPODO on the internet as I normally do when I travel to Italy.

I needed a car with unlimited mileage as I was planning on taking my daughter to see her godparents in Salerno, Southern Italy.

I googled "Cheap Car Hire" on the net and it came up with some quotes. Opodo offered the cheapest quote with a car from Hertz, Milan Malpensa. I specified all of the details. I read the Hertz Terms and conditions attached to the Opodo website, which indicated, though not clearly at all, that unlimited mileage was included OR that a 150 km a day was included, if it was an advance booking.

This is what T&C say on the issue of mileage on page three.

“ … All prices are fully inclusive of unlimited mileage but does not always apply to cars from Hertz Canada or Australia and does not apply to any Hertz Advance rates. Hertz Advance rates are a promotional rate which allow a discount on the standard pre-paid rates if the booking is made a minimum of 21 days in advance of the pick-up date. Rentals must include a Saturday or be a minimum of 5 days. A total mileage of 150km per day is included in the price unless travelling to the UK where it is 150 miles per day. Discount is only available on a limited number of rental cars in UK, France, Italy, Germany, Switzerland, Netherlands, Belgium, Spain and Luxembourg.'

As you can see, the information on mileage is confusing, and there is no mention of the amount of the extra charge.

I never the less decided to proceed with the payment, as I thought the price was really good. Also, had there been any limitation on the mileage, it would have shown on the front page alongside the other important details, as most hire companies are required to do.
Full text of T&C can be read at the bottom of this page. (att. 1).

I paid £ 272 pounds and got a booking confirmation on which, again, there was no mention of mileage restrictions.

When I arrived in Italy (19th of August), I mentioned to the assistant at Hertz in Milan, that I was driving to Southern Italy with lots of luggage. He kindly offered me a slightly bigger car (a Corsa diesel), which was much appreciated.
He pojnted out that the car had a dent on the left side and that there would not be any additional charge, by which I gathered he also meant the mileage. Once again, there was no mention of mileage limitations.

Even though the contract I signed at the Malpensa office did, as I later found out, mention about the limited mileage, I did not have the material time to read it through and signed it, assuming that everything was OK.

You will understand that I had already booked the car in the UK and paid for it and would not have been in the position to refuse it anyway, once in Milan. Also, I would not have booked the car in the first place had I known that unlimited mileage was not included.

When I returned the car on the 1st of September, I was charged an extra £ 214 pounds for the extra 1000 km, i.e.15c per extra km, plus tax. You can imagine how furious I was!

I have since written to both Hertz-Italy, Hertz UK (for advice), and Opodo. I have contacted MBNA Disputes, my credit card company, who have carried out an investigation but found that my signature on the rental agreement in Milan would be proof that I was aware of the extra cost involved, and that therefore, they would be unable to recover the extra charge. (att. 2)

Opodo admitted that the information provided was insufficient and have decided to withdraw their product. (att. 3).

However, they refuse to compensate me for the extra charge incurred in Italy, claiming that, even though the rental agreement did not mention about the amount that would be charged for extra mileage, it was my responsibility to check Hertz Terms and Conditions. (att. 4) . They also claim that they are not responsible for Hertz-Italy wording of the T&C.

On the other hand, Hertz-Italy claim that it is Opodo’s responsibility to display the full information for the benefit of the customer; that they have acted lawfully and that, therefore, they are not to be held responsible for lack of clarity of the information provided by Opodo. (att. 5)

The CAB (Citizens Advice Bureau) suggested that I contacted you.
They say that Opodo did not disclose all the information that the law requires and that I am right in pursuing the matter further. If rental agreements do not specify important information, such as mileage restrictions, then they are to be considered defective and, ultimately, void.

On your website you highlight the following:

1. Members must ensure that they clearly advise exactly what is included in the price quoted, with details such as excess payments which may be applicable.

2. If a member requires an excess mileage charge to be made, then the policy relating to limited mileage tariffs must be clarified and the daily mileage allowance explained clearly

3. The member will provide a clear and transparent basis on which all charges can be calculated. These include all additional charges which are not optional at the point of rental”

(* Please note the underline is mine)

Also,

4. “ The member will clarify his policy with the customer on the following:

5. Any requirements to return the vehicle at a nominated mileage

6. any circumstances related to the mileage which would require compulsory rewriting of the contract

7. Details of any increase or decrease of permitted mileage during formal or informal contract extensions

8. Mechanisms for charging or allowing for, over and under mileage at contract end or any other period during the contract

9. Members who fleet manage vehicles on behalf of customers are obliged to assist with a smooth transfer of info relating to the vehicle fleet, when required by or on behalf of the customer

10. Members must also ensure that they clearly explain the basis on which any excess mileage incurred will be calculated and charged

11. Rental agreements must be in a form and content which complies with current legislation

12. Members should always take necessary steps to ensure that the customer reads and understands all terms of the agreement and help clarify any terms as requested, before the agreement is signed.

It seems to me that Herts and Opodo, (which did not make sure that Hertz Terms and conditions were in line with current legislation) failed all or most of these guidelines which govern their code of practice.

My position is that a blatant failure to disclose important information has occurred, in violation of the basic rules which govern the Consumer Act and your regulations for members belonging to your organisation (I presume both Opodo and Hertz are members), and of new EU legislation. These rules require any business transactions, especially when they take place on the internet, to disclose all the important information on the initial rental agreement, to allow the customer to make a decision based on his requirements, in my case, an economy car with unlimited mileage. See Att. 5)

I am now asking you if you would be so kind as to investigate on my behalf on the legitimacy of the extra charge and whether I am right in asking Opodo for compensation, given that:

1. Opodo failed to display important information about the booking

2. The European directives on “Distance Selling” state that the customer has a right the right to know the cost plus any other applicable fees and you should have had written confirmation of your order. They also state that there should not be substantial difference in the rental fee quoted to the customer and actual payment.
While Opodo might claim that the prices actually depend on market fluctuations in currency that are out of their control, it seems unlikely that they could justify a difference of £ 214 .

3. Opodo have entered into an agreement with Hertz-Italy without making sure that it complies with British and European consumer regulations;

4. By withdrawing their Hertz-Italy product from their services, Opodo have admitted that information provided was insufficient

5. Most Car Hire Companies (including Hertz UK) display mileage info on their front page (att. n. 6)

Thank you for your understanding and cooperation

Ernesto Granese

PS ATTACHMENTS WILL FOLLOW IF REQUESTED

I booked my flights and the hotel with on the beach on the 17th i booked the flight for 111.11 and two hours later got a call from an agent form on the beach saying ryanair have put up there prices up its going to cost me 181.00 the suit case they said is 30 pounds. without a suitcase just hand luggage

i thought i had no choice and booked.
when i went through the check out on the ryanir website my hole flight with one suitcase came to 111.11 i have been ripped of and i am asking for a refund or the difference or the full amount.

why say on there site they can beat any price when all i had to do is go straight through ryanair. are they giving me any extra for the 100 pound over payment i have paid

this is my first holiday abroad and my daughters and thanks to on the beach i am 100 pound ripped off. that is not customer service.

I have also been on sunsave and they have give me the whole cost of the holidays flights with ryanair and bitacora club for 248.
if i didnt get that phone call from that agent from on the beach the holiday cost would have been still over priced but acceptable at 261. have paid over 335 and still have to pay an extra 30 for case why are they charging me so much more?

I want to sell my timeshare with anfi del mar in gran canaria.I contacted them and to my horror was told I could not sell my weeks entitlement due to it being a bi-annual agreement.I was never told of this when I bought it and looks like I'm stuck with it according to Anfi .hope this is clear to you and hope you can help me

Many thanks

B.Chapman

I VIEWED THEIR SITE FOR A LAST MINUTE HOLIDAY. I FOUND ONE GOING OUT ON THE 9TH DECEMBER. TOGET A FULL COSTING YOU NEED TO ENTER ALL YOUR DETAILS. WHEN IT CAM TO THE FINAL PAGE IT STATED THAT TO TAKE HOLD BAGS ON THE FLIGHT WAS AN EXTRA £88 WHICH I THOUGHT WAS A RIP OFF SO I CLOSED THE PAGE BY CLICKING ON THE X AND DID NOT CONFIRM THE BOOKING NOT ONCE DID IT STATE CONFIRM BOOKING ON ANY PAGE.
NEXT DAY I BOOKED THROUGH RYAN AIR FOR THE SAME HOLIDAY WITHBAGS ON THE FLIGHT FOR LESS MONEY.
WHEN I CHECKED MY EMAILS THAT EVENING IN MY SPAM MAIL WAS A BOOKING CONFIRMATION FROM ON THE BEACH. I RANG THEM STRAIGHT AWAY AND TOLD THEM I HAD NOT BOOKED THE HOLIDAY AND THEY STATED I HAD PUT MY DETAILS IN, WHICH YOU HAVE TO DO TO GET THE FINAL COST. I TOLD THEM I WANT TO CANCEL AND HE SAID IT COSTS £100 EACH TO CANCEL OR CHANGE THE NAME ON THE BOOKING. THIS IS THE SAME COST AS THE HOLIDAY SO I CAN'T EVEN SELL THIS HOLIDAY TO ANYONE.
PLEASE WARN PEOPLE WHAT A RIP OFF THIS COMPANY IS.

Myself and my partner, both our sets of parents booked a holiday to Egypt 19/09/2009 - 26/09/2009.
My Auntie and her partner also booked on a different booked for the same hotel and flights etc.

In total 8 of us travelled and had a brilliant week's holiday until it came to home time. The day we were due to depart we waited in reception for the required time and waited for our coach to pick us up.

When it was half an hour late we phoned and advised which hotel we were in and our concerns for the lateness of the transport. We were told there had been a problem with the coaches hence the delay and that we were last on the pick up list and we would be picked up soon.

Another half an hour passed by and we phoned again, again we were told the same thing.

Coming up to a hour and half before take off still no coach so phoned again and advised again where we were and our concerns, at this point we were told not to worry and that the plane wouldn't leave without us.

Another Thomas Cook coach arrived to pick up the later Manchester flight and we spoke that that travel rep, we told him we were now one hour before the plane was due to take off, at this point the other rep told us there was no way we would make the plane.

At this we immediately phoned the Thomas Cook Rep that we had been dealing with and they were shocked that we had not been picked up despite us phoning 4 times and that we should immediately get taxi's down to the airport.

When we arrived at the airport we were told straight away that both our parties had been completely missed off the list, (again despite us phoning them 4 times, giving them 4 opportunities to check,) hence why we hadn't been picked up and that the plane had actually arrived earlier than planned as was due to take of shortly, the Pilot would not allow us on the plane. We were stuck in Egypt.

2 hours later we were told that 3 of us would be able to get on the Manchester flight, the others had to stay in a shabby hotel at the end of the runway for the night with rooms that didn't lock etc.

The next day the rest of the party were told that they were to be put on the Manchester flight later that day but on a budget airline with no food entertainment etc which is not what we had paid for.

When they the other 5 got on the plane they were told by staff that again Thomas Cook had not organised that tickets properly and that held up the flight for 30 minutes while the helpful staff on the budget airline had to sort out another Thomas Cook problem.

This is all bad enough but the service we have had from them since we have returned has been appalling, we sent a letter of complaint and were told they would get back to us within 28 days, the 28th day arrived and I had to phone them to ascertain what was happening, 2 days of waiting on hold and I finally got through to somebody who told me that the "Auto reply" letter must have not been sent out, perhaps a glitch with the computer." This is not really the service you expect after being left in Egypt not knowing when you are going to get home and missing work etc.

I sent another letter of complaint advising that they had not got back to us 6 days ago, and again an auto reply was sent out saying they would get back to us within 7 days, 6 days on still nothing heard.

I am hoping that somebody can help as to whether they are complying with regulations by not responding etc and what I can do to further this enquiry, I definitely feel this warrants some form of compensation and will not stop until I have achieved this, but need some help and advice if any can be offered.

Thank you For your time in reading this long letter,

Katie Hill