Will S75 cover a holiday from hell

simpson_77

Hi,

Just returned from a weeks all inclusive holiday with Thomas Cook. Unfortunately there was a sickness bug going round and 4 members (6 in total) of the family became ill, we reported this to the reps and they did nothing. To add insult TC had known about the virus for a few weeks but again did nothing to warn us. Off the 7 days spent in the resort 5 were spent being ill ourselves or looking after sick children.

It has happened before at the resort and many people have been affected (further information below)

https://www.thesun.co.uk/news/1198313/thomas-cook-forced-to-pay-out-nearly-200k-after-dozens-of-guests-suffer-food-poisoning-epidemic-and-wasp-infestation-at-5-turkish-resort/

https://www.thesun.co.uk/news/2067932/brit-tourist-25-suffers-kidney-failure-on-thomas-cook-turkey-break-after-suffering-severe-tummy-bug/

https://www.tripadvisor.co.uk/Hotel_Review-g312737-d300020-Reviews-Liberty_Hotels_Lykia-Oludeniz_Mugla_Province_Turkish_Aegean_Coast.html

https://www.thomascook.com/destinations/turkey/dalaman/olu-deniz/lykiaworld-olu-deniz/

By the time we left, everywhere in the resort smelt of sick.

I paid for the holiday on my Amex Credit Card does anyone know if I could claim under section75 or would I have to go through TC?

Any advise would be really helpful.

Thanks

CakeCrusader

I think it depends on your credit card's terms and conditions, but I'd be inclined to contact TC first. They will tell you to fill in their customer feedback form (this is just another name for their complaints form). You can send them a private message on Facebook and they will send you the link.

bengalknights

Did you have any travel insurance? This may also cover these kind of circumastances

simpson_77

had holiday insurance, just trying to find the easiest way of getting our money back!

CakeCrusader

The links contain comments from customers who went on holiday in 2014, was this when your holiday was? Did you complain to TC then??

simpson_77

holiday was from the 20th to the 27th October this year. Complained to TC.

Here is a newspaper article from when we were away:

https://www.thesun.co.uk/news/2067932/brit-tourist-25-suffers-kidney-failure-on-thomas-cook-turkey-break-after-suffering-severe-tummy-bug/

CakeCrusader

I spotted that, thanks. The first link contains details from 2014

You can try TC to ask. I think they follow ABTA guidelines so you should receive an acknowledgement after 14 days, and a full response within 14 days after this.

simpson_77

CakeCrusader wrote: »

The links contain comments from customers who went on holiday in 2014, was this when your holiday was? Did you complain to TC then??

This was to show its happened in previous years at the resort

glentoran99

I hear these guys advertised 50 times a day


https://www.sickholiday.com/

eddddy

simpson_77 wrote: »

I paid for the holiday on my Amex Credit Card does anyone know if I could claim under section75 or would I have to go through TC?

You can claim under s75 for breach of contract or misrepresentation.

So if the holiday company said something untrue before you booked (e.g. they told you there were no health problems at the resort, when they knew there were), that would be misrepresentation and you could claim under s75

Or...

Every contract includes a term that the trader must perform a service with reasonable care and skill. So if you think the holiday co didn't provide the holiday with reasonable care and skill they are in breach of contract, so you can claim under s75.

Or...

If you think there is some other specific terms in the contract which they have breached, you can claim under s75

djamks

As all of the above, but assuming you had valid travel insurance it would probably be easier claiming from them rather than some sort of misrepresentation.