Drawn out case not resolved

Many letters have been exchanged in the case involving a Venice and North Italy Mondial tour last summer, and, although letters have been published, it is still pending. Letters in fact are still being exchanged. Despite my efforts to give both parties a fair chance to reply and feature their letters accordingly, there are occasions when I do not receive some letters in time.

I referred to the case on September 30 and to the various attempts I made to get some comments from Mondial.

Now I have received copies of two letters, which I must feature. The first (dated September 26) was sent to Dr Carmel Buttigieg, who forwarded it to me:

With reference to your letter dated September 11 and further to my letters to you dated July 19 and August 8 respectively, may I also draw your attention to the following:

When you booked your holiday with us you confirmed in writing that you have read and understood the information about the trip as printed in the brochure, as well as the general conditions and the conditions relating to travel insurance coverage, and that you had accepted these terms and conditions on your behalf and on behalf of all persons listed on the booking form, a copy is attached for ease of reference.

There is no mention in the programme that the hotel has:

a) a swimming pool and (b) is equipped with an air-conditioning system. Moreover, the general conditions clearly specify, in "Our Commitment to You" (para 3) that all hotels provided are not air-conditioned and no fans will be provided, not even in extreme heatwaves (unless specified in the programme).

The general conditions also state that breakfast is always continental (unless specified otherwise in the programme) and that no choice of food will be provided and that the portions served are always small/moderate in size.

It is normal practice that in the dining/breakfast room groups are separated from the other guests of the hotel.

Once again, I regret to inform you that your claim for a refund cannot be accepted. This case is now considered closed from our end. (Costantino Muscat, customer care officer).

Dr Buttigieg replied:

Thank you for your letter of September 26.

Since, over the last 12 weeks you never disputed the Hotel Ambasciatori's shortcomings, as listed in my first letter dated July 9, I can assume that you are confirming these shortcomings.

I would like to point out again that at the Amitex fair, a Mondial representative wrote down the hotel's Website on the quotation and encouraged me to view its facilities. I was even assured that the hotel is a good one and that the half-board would be of good quality and a choice would be available. In fact I booked the tour only after these assurances and after viewing the hotel's facilities on the Website (swimming pool, air-conditioning, etc.).

As regards breakfast/dinner, by small/moderate do you mean titbits and food being served before guests seated at the table and, when complaining, the staff becoming arrogant?

So for Mondial, it is normal practice to separate the group from the other guests and if one dares to venture to the other side of the dining room one is immediately requested by the hotel staff to go to the group's corner behind the partition. Is this some sort of apartheid?

Looking through Mondial's brochure, I did not find that the hotel's room had to be shabby, pillows stained and the door to be repeatedly unlocked by the chambermaids when we were out of the hotel.

Well, Mr Muscat, if for you this case is considered closed, I can assure you that for me it is still wide open and I am still requesting a refund.

Here follows the second letter from Mondial, dated October 2, addressed to me:

Reference is made to my letters to you, dated July 19, August 8 and September 26 concerning the complaints submitted by Dr Buttigieg and to the article published on September 30.

I regret to say that the publication of this article was done in a very unethical way as you failed to publish the contents of my letter dated September 26 (sent to Dr Buttigieg and copied to you), even though you had more than enough time to amend your article.

Your article gives the impression that we had promised a swimming pool and air-conditioning in the room, when this was never the case. Attached please find a copy of the general conditions, wherein, among others, it is stated that "all hotels provided are not air-conditioned".

It is also to be pointed out that, as you are aware, there is the Consumer Claims Tribunal, which is the competent authority to give a judgment on contested issues.

Notwithstanding the reasons mentioned in my letter of September 26, it is most unfair that Dr Buttigieg is requesting a full refund because he and his family availed themselves of the following services:

• Flight to and from Venice, including hotel/airport transfers.
• Accommodation at the hotel.
• Breakfast and dinner at the hotel. (Regarding his complaint about the dinners, which were optional, please note that for seven dinners he paid Lm19 per person - that is Lm2.71 per dinner. In Malta, one does not even have a pizza for that price). Moreover, if it was true that he did not like the dinners he could have refused them, eaten elsewhere and our agency would have refunded him the amount paid for half board.
• Services of the tour leader and all seven excursions.

In view of the above, you are kindly requested to publish this letter at the earliest possible. (Costantino Muscat, customer care officer).

At this stage I appeal to Mr Muscat and Dr Buttigieg to set up a meeting between the three of us with a view to resolving the matter. If they are willing to do so, I ask them to write to me accordingly.