Conditions at Haad Son Resort totally unsuitable for a family

My family - my partner and I and three children aged 10, 12 and 15 - were booked to stay at Haad Son Resort, Ko Phangan from Sept 18 -24, 2007. When we arrived we found the resort deserted apart from one staff member and a large contingent of builders working on a major construction. In our opinion the conditions were totally unsuitable for a family. The manager at the time, who we managed to locate after some effort, agreed with us.

We were subsequently advised at least half our money would be refunded. The resort is now refusing to do this. We have been trying to negotiate with them via email, but our emails have been ignored.

Below is text from an email to the resort. The posts below show photos of the conditions that greeted us.

For the Urgent Attention of the Owner

I am writing in reference to my family’s recent visit to Ko Phangan where we were booked to stay at your Resort through Phangan Info from September 18 – 24, 2007. I refer to my email of 12/10/2007 sent to both yourself and Phangan Info in which my wife and I requested a full refund of our payment. We were very disappointed to receive a response from Phangan Info refusing our request and informing us that you were disputing the facts we presented.

We have since been in communication with Phangan Info (see the email below) providing them with further details that clearly back up our claim and restating our request for a full refund. We have discussed this matter with numerous people including fellow tourists on Ko Phangan at the time of our stay, our Australian travel agent, the Australian office of the Tourism Authority of Thailand. All these people, without exception, have agreed that we are entitled to a full refund and have been shocked at our treatment and encouraged us to pursue the matter further.

I therefore ask you to reconsider this matter and to refund our payment promptly, as indeed we were promised by your staff while we were still on Ko Phangan.

As you are aware, after our arrival we chose not to stay at your resort as in our opinion the conditions there at the time were totally unsuitable. Indeed, your staff agreed with us. They informed us we were the only guests in the entire resort, as they had not visited the ferries to attract tourists for over a week as the condition of your pool was unsuitable for swimming. In addition, and more concerning to us, was the scale of the construction occurring and the severe disruption this would cause to the enjoyment of our children and ourselves.

At the time of booking, we were not informed that any construction was occurring at Haad Son. We only learnt this a few weeks before visiting. At that time I specifically asked Phangan Info whether the construction would interfere with our stay as we had a young family. I was given no indication of the scale of the construction, but told only that you would allow us to change rooms if we desired. If we had been adequately informed of the conditions, we certainly would NOT have chosen to stay at Haad Son at this time, even though it was recommended by friends who stayed there two years ago.

I have described the situation that greeted us in some length in the email to Phangan Info copied below. I ask you to read it now. After reading it, I trust you will understand our case and agree to refund our payment.

Unfortunately, if you continue to refuse payment, we will be forced to take the advice of the Tourism Authority of Thailand and refer the case to the Office of Tourism Development, Ministry of Tourism and Sports in Bangkok, as well as publicise our treatment on tourist websites such as the Lonely Planet, TravelFish and TripAdvisor.

I look forward to your prompt reply.