Thomson Cruise damaged baggage problem

ellanvannin_2

We went on a Thomson cruise in May 2007 and, on disembarking, the staff broke the handles on our suitcase (we saw them man-handling them using their towing handles to twist them onto the top of the conveyor belt). After much telephone, e-mail and postal contact with Thomson they have told us to claim on our insurance. We said "no way" as we would have to claim on our home insurance contents section (we don't have that section on our travel policy) and there's a £50 excess, plus we'd lose our no claims discount on renewal.

Trading Standards agreed with us that Thomson should pay for a new suitcase and wrote them a letter on our behalf. There is apparently a duty to take care of our belongings and they should be returned to us in the same state as they were when they were entrusted to them.

Trading Standards rang this week to say that Thomson still say "no" and that we'll have to claim via ABTA if we want to continue (presumably costing us money through the Small Claims Court).

Is there anyone out there who's had a similar problem? We're wondering if there are a few of us we might be able to band together for strength/share of costs etc. It has become a matter of principle now - why should we have to pay for the suitcase to be replaced when Thomson staff damaged it?

Looking at Thomson's website, it would seem that if it had been damaged on the Thomson flight we would have had a free replacement suitcase by now "If you wish to make a claim for lost, delayed or damaged baggage, please write within 7 days of your flight to: Luggage Loss Adjusters, 2-4 College Road, Ardingly, West Sussex, RH17 6TT."!!

ellanvannin_2

Just an update to anyone reading this as yet unreplied to thread. Thomson point blank refused to pay for the wrecked bag even after involving Trading Standards and ABTA. We still think we were right but the only way forward was to make a Small Claim in the Courts and we were unable to do that due to time constraints due to further holiday commitments.

We still go on Thomson cruises but we make sure we get more than our fair share of the included food and goodies these days - not illegally I hasten to add, we don't steal the towels or anything - to make up for the broken baggage we had to replace from our own pocket!!

c_l_a_i_r_e

Why don't you just issue a claim now in the small claims court?

photome

ellanvannin wrote: »

Just an update to anyone reading this as yet unreplied to thread. Thomson point blank refused to pay for the wrecked bag even after involving Trading Standards and ABTA. We still think we were right but the only way forward was to make a Small Claim in the Courts and we were unable to do that due to time constraints due to further holiday commitments.

We still go on Thomson cruises but we make sure we get more than our fair share of the included food and goodies these days - not illegally I hasten to add, we don't steal the towels or anything - to make up for the broken baggage we had to replace from our own pocket!!

You didnt have to pay out of your own pocket, you couyld have claimed on insurance. The fact you had it in your home policy with a £50 excess is whos fault?

ellanvannin_2

Thanks for answering but, in view of the time spent chasing Thomsons etc., the point when we finally gave up was over a year after the bag was broken. As you say, our insurance had an excess on it so it wasn't worth claiming and we didn't think the Small Claims Court would be worth it so long after the event.

The bag wasn't very expensive, it was just the principle. These big companies just throw their weight about. All that we could find in writing (I think it's called the Athens Convention from memory) pointed to Thomsons being liable, but when neither Trading Standards nor ABTA could help, we felt we had to get on with our lives (and further holidays).

If it ever happens again, we'll just go straight to the Small Claims Court, we won't be bitten twice!!

mrs_T

Exactly the same thing happened to me yesterday so I'm starting this process today without much hope. I got a damaged luggage report signed at the thomson desk at the departure airport before check in yesterday as instructed by the thomson rep at the port but the case was wrecked coming off the ship (island escape). I had holiday insurance baggage cover but with an excess of £50 so I want to claim from thomson, from looking at their website I'd have no problem if the case had been damaged in flight and found the address quoted above but that doesn't cover coming from ship to quayside which is where the damage was done. Does anyone have a Thomson phone number I can try other than 0871 288 7392 (Calls cost 10p per minute plus network extras) ?

mrs_T

Update: I phoned T's after travel number 0844 871 1611 and have been told exactly the same as Ellanvannin, if it had been damaged in flight they would pay but coming off the ship they expect me to go through my travel insurer and absorb the excess myself! A bad end to a good holiday. Beware anyone booking a Thomson cruise.

WickedWolfie

Answer is county court action using MCOL. Cost is approx £30. Thomson will huff and puff and almost certainly ultimately offer a settlement just before the case as:
a Defending the action will cost them a fortune in legal fees (for the small claims process you are not generally able to claim costs from the other side even if you win);
b While county court decisions are not binding in terms of precedent the last thing Thomson would want is a defeat in such a case being publicised (which you of course would ensure happened!).

mrs_T

WickedWolfie wrote: »

Answer is county court action using MCOL. Cost is approx £30. Thomson will huff and puff and almost certainly ultimately offer a settlement just before the case as:
a Defending the action will cost them a fortune in legal fees (for the small claims process you are not generally able to claim costs from the other side even if you win);
b While county court decisions are not binding in terms of precedent the last thing Thomson would want is a defeat in such a case being publicised (which you of course would ensure happened!).

Thanks but don't know if this applies in Scotland, anyway if it costs me £30 I may as well save the hassle and absorb the £50 excess.

poet123

You would get the £30 back if they settled or you won the case.

jules888

I went on a thomson cruise in April.We went to pick our luggage up from the quayside after disembarking.
The largest case was damaged at both wheels.
I went back on ship to complain ,was told to claim on insurance.
Ringing insurance ,told a £100 excess , the whole 4 piece set cost that,so have wrote to Thomson to inform them of this as they damaged it.Reading this thread,though an old one,i dont hold out much hope.