Thomas Cook Terms and Condition

Tikeb

Just wondering if anyone has had any experience with wanting to cancel their holiday within 7 days of booking?
I'm a little fuzzy on the wording of consumer rights and over what takes precedence (consumer rights or Thomas Cooks terms and conditions).
Do I have the right to cancel my holiday within 7 days of booking for a full refund?

What's basically happened is that we booked a holiday, then checked the Trip Advisor ratings for the hotel (they weren't good) so we've asked to upgrade our hotel. They said no (then after complaining - said not without a huge fee) so wanted to know what rights I had.
If Thomas Cooks t&c takes precedence I guess that means I can't cancel within 7 days?

Thanks for any info It's my first holiday in about 10 years so want to make sure it's good..

InsideInsurance

Travel is excluded from the distance selling regs and its replacement if thats what you are thinking of?


Contract law however forbids penalty clauses so any monies retained for your breach of contract (ie cancelling it) must be representative of the actual cost of the breach/ cancellation to the business (ie their sunk costs, admin fees, supplier charges theyll still have to pay etc).

What date is the holiday? How much money are we talking?

Tikeb

Booked on the 30th Aug 2014
Date of holiday is 5th Oct 2014
Cost is approx £950

We paid in full on the day of booking.
I guess the alternative then would be to go on the holiday and if it's not up to the quality we were led to believe, then sue..

InsideInsurance

Tikeb wrote: »

I guess the alternative then would be to go on the holiday and if it's not up to the quality we were led to believe, then sue..

"Quality" is very difficult to substantiate and is very subjective. Just look at the reviews on Tripadvisor of any top end hotel in London or Paris etc and you will get a host of people giving it 5/5 saying its amazing, best place in the world and you'll also get a load of people giving it 2 or 3/5 saying that its service was poor, not up to standard etc.

Only if things are absolutely terrible do you really have much of a leg to stand on and then we are talking physical issues rather than service etc. Its only when you are talking about things being "missing" (eg advert said hotel had a pool and it doesnt) that you really have much chance and then you're talking probably a partial refund.

These things are always open to negotiation and so Id continue talking to Thomas Cook about options

Caz3121

It will depend on whether this was classed as a "late booking"
If not, you lose 70% if you cancel
if it was classed as a late booking you lose 100% if you cancel
http://www.thomascook.com/travel-info/before-you-go/cancellations/

Alan_Bowen

Another good reason to check the reviews if you want to rely on them before booking, not after. As others have said, there is no cooling off period at all and you risk losing everything. I would take the holiday, if it is not what you were promised, complain whilst you are there and take it up when you come back. Accommodation can be a lot better out of peak season when things get stretched to breaking point which in turn can lead to complaints

rustyboy21

I take Tripadvisor comments with a pinch of salt TBH.


I look up the place before I book, but take a general viewpoint on the posts. If I see pictures of a hair in a sink plughole, a coffee stained piece of paper, a small chip off the paint on the bath, I usually shake my head, and think the poster needs to get a life.


Some people actively go out of their way to slag off a property, hoping that they will get some recompense. If things aren't right when you get there, speak up there and then and get it sorted. You don't get anywhere in life without opening your mouth, if something is wrong.


What property is it, post the name here and other posters mat have been there and give you a better view on it, or guide you around the stupid posts on TA.

PeacefulWaters

The law of the land outranks T&Cs.

But there is no law that says "if somebody says it might not be good you can change your mind".