Distraught with Thomson Holidays :(

hillie

ayrshire_mum wrote: »

Should you not be given any compensation? Our flights were changed by Thomas Cook from a Monday to a Tuesday and we were given £25.00 each as a good will gesture to change or we could've had a full refund to cancel. Not much I know but it was something - we then had to booked overnight accommodation. Have you asked or have they mentioned?

You'd think that any company bothered about their customers would do that, but Thomson don't think they need to do that as it's longer than 56 days before we go and it's not in their terms and conditions. It sounds like Thomas Cook care about their customers slightly more and it's the principle of being offered compensation sometimes, isn't it, rather than the amount :think:

It's apparently our fault for buying our connecting flights and hotel room early. I think it's disgraceful, as, if people like us didn't buy early, the travel industry would be in more trouble.

hillie

According to 'The Package Travel, Package Holidays and Package Tours Regulations 1992', paragraph 12 and 13,

"where the organiser, for any reason other than the fault of the consumer, cancels the package before the agreed date of departure.

(2) The consumer is entitled—

(a)to take a substitute package of equivalent or superior quality if the other party to the contract is able to offer him such a substitute; or

(b)to take a substitute package of lower quality if the other party to the contract is able to offer him one and to recover from the organiser the difference in price between the price of the package purchased and that of the substitute package; or

(c)to have repaid to him as soon as possible all the monies paid by him under the contract

(3) The consumer is entitled, if appropriate, to be compensated by the organiser for non-performance of the contract except where—

(a)the package is cancelled because the number of persons who agree to take it is less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period indicated in the description of the package; or

(b)the package is cancelled by reason of unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, the consequences of which could not have been avoided even if all due care had been exercised."

However, having now spent 3 hours and 20 minutes on the phone to Thomson (at 5p per minute) they are still not meeting any of the above points. They have offered us holidays that are not equivalent quality as our original booking, no compensation for the difference between the two prices and no compensation if we cancel, even though we are nearly £300 out of pocket.

As I subscribe to Which magazine, I get free legal advice from them - their lawyer pointed the above out, he also suggested claiming the phone call costs.

The person on the Thomson helpline (??!) said their terms and conditions can't be broken and that was why they couldn't do anything. My OH then suggested she think on the bank and credit card T&Cs and all the money they have had to pay back to their customers. She's going to talk to her superior and see if she can sort something out for us, and will phone us back on Friday evening.

In the meantime, we have found a couple of alternative holidays, as suggested above by McKneff, richardw and ixia, that we might be able to go on using our existing connecting flights/hotel.

Will keep you posted

cubegame

You did not say whether you booked on a credit card or not?

If you did you will be entitled to section 75 protection over and above just a refund, if Thomson Holidays are not merely the agent.

Section 75 basically means that the credit card company and Thomson are equally liable to meet the contract and this includes being liable for additional costs which may incur.

This means that if you have booked and they cancel, you are entitled to claim from your credit card company the additional cost of finding alternative travel on the same dates.

You would not be entitled to this protection if Thomson are merely an agent however.

hillie

Well, following a further phone call FROM Thomson, who promised to call us back, we have another holiday!

We are now going to Sharm el Sheikh, instead of Marsa Alam: staying in a similar quality hotel (same stars/Ts, etc), keeping the extra leg room seats and additional luggage on plane; we fly out to Egypt on the same days and at similar times. We can use our connecting flights and hotels

We persevered with Thomson, repeatedly stated what we wanted and what we wouldn't accept; we were polite, but firm and, although the holiday was over £500 more expensive by the time they agreed to the substitute, we have been rebooked and I'm really happy and relieved.

Thank you for you helpful posts and support - we aren't out of pocket and have a lovely holiday to look forward to :j