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complaint against first choice help please

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  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Flyboy152 wrote: »
    The OP did not come here to be judged. She came here for constructive advice, why not try giving her some.

    OP, you may be entitled to loss of enjoyment, as any well as financial losses. Have you contacted ABTA?

    If you ask a silly question ...

    How much do you suggest that she claims for? What enjoyment do you feel has been lost? :rotfl:
    Gone ... or have I?
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    dmg24 wrote: »
    If you ask a silly question ...

    How much do you suggest that she claims for? What enjoyment do you feel has been lost? :rotfl:

    Why are you being so negative towards the OP? Her choice of holidays and gifts to her own daughter are her business, not yours. The OP is not asking how much she should claim for, but she is asking how to seek compensation. Compensation that she is very much entitled to.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Flyboy152 wrote: »
    Why are you being so negative towards the OP? Her choice of holidays and gifts to her own daughter are her business, not yours. The OP is not asking how much she should claim for, but she is asking how to seek compensation. Compensation that she is very much entitled to.

    She has been compensated for her losses. The suggestion of compensation for anything else is ridiculous.

    I take it you cannot quantify this 'loss of enjoyment' either?
    Gone ... or have I?
  • mo786uk
    mo786uk Posts: 1,379 Forumite
    whilst i dislike the compensation culture we have nowadays i do feel if the shop were happy to take the money and cocked up they should have offered a token amount as a goodwill gesture

    as another person said if the OP planned something for their daughter they have a right to be !!!!ed off

    of course, quantifying an amount is extremley difficult.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    dmg24 wrote: »
    She has been compensated for her losses. The suggestion of compensation for anything else is ridiculous.

    I take it you cannot quantify this 'loss of enjoyment' either?

    It is not up to me to do so; that is for the OP to decide.

    The concept of "loss of enjoyment" for holidays was enshrined in consumer law many years ago. It wasn't available when I had to counter sue a holiday company twenty-four years ago, but I am sure I would have taken full advantage of it back then.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • fthl
    fthl Posts: 350 Forumite
    Well, the CICA guidelines say that if you suffer a moderately disabling disorder where the symptoms and disability persist for 6 weeks 13 weeks then you'd be entitled to £1,000... so is this more or less serious than that?

    On a more serious note, whilst compensation for loss of enjoyment etc is paid, I doubt that for this type of thing there would be much, or any claim. An airport transfer at the beginning or end of a holiday, even if it was part of a 21st party, not really very serious I think. If it were a wedding, perhaps a different case.

    There was a good case about a holiday in over the millennium that was completely screwed up and in that case the judge gave the claimant about a 25% refund. It was said it was that high because it was a once in a lifetime thing and a high-quality holiday (that turned out as being very very average). Here there it appears that the OP has received a 100% refund, plus the cost of a normal transfer. Seems generous to me.
  • sirmarcus
    sirmarcus Posts: 1,381 Forumite
    OP...Suggest you try escalating and/or complaining to Johan Lundgren, Managing Director F/Choice/Thomson/TUI Travel, via sending him an email to[EMAIL="tojohan.lundgren@tui-uk.co.uk"]johan.lundgren@tui-uk.co.uk[/EMAIL].

    Good luck.
  • sirmarcus wrote: »
    OP...Suggest you try escalating and/or complaining to Johan Lundgren, Managing Director F/Choice/Thomson/TUI Travel, via sending him an email to[EMAIL="tojohan.lundgren@tui-uk.co.uk"]johan.lundgren@tui-uk.co.uk[/EMAIL].

    Good luck.

    Jumping In without reading the whole of the first post are we?
  • Money_User
    Money_User Posts: 286 Forumite
    Flyboy152 wrote: »
    Clearly they can't, otherwise the OP wouldn't have bothered writing to the managing director. :wall:

    Don't tell Sirmarcus the MD doesn't actually deal with emails, it'll break his heart!!!!
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    Claiming damages for holiday contracts for non pecuniary losses has been around since 1973 and it was that most brilliant of judges Lord Denning who made it so.

    Given that this limousine ride was a element in the enjoyment of the holiday then the op has a pretty reasonable chance of winning any action they take.
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
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