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Section 75 Refund For Holiday

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  • eskbanker
    eskbanker Posts: 37,282 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    dhammy wrote: »
    I attempted to get the police involved at the time but as you can imagine the hotel did everything it could to avoid this. We asked our rep the same who said she would look into the legal side but nothing ever came of it in time for us leaving.
    But, to play devil's advocate, why did you not just march down to the nearest police station despite attempts by hotel staff and rep to dissuade you? When the rep said she "would look into the legal side" what do you think she meant, surely it's clearly illegal to assault a child?

    I'm not trying to diminish your experience but just to look at it dispassionately from the viewpoint of companies that you're trying to hold legally liable for what happened.
  • dhammy
    dhammy Posts: 23 Forumite
    eskbanker wrote: »
    But, to play devil's advocate, why did you not just march down to the nearest police station despite attempts by hotel staff and rep to dissuade you? When the rep said she "would look into the legal side" what do you think she meant, surely it's clearly illegal to assault a child?

    I'm not trying to diminish your experience but just to look at it dispassionately from the viewpoint of companies that you're trying to hold legally liable for what happened.

    I appreciate you doing so!
    We were in a huge resort which was basically in the middle of nowhere and in Turkey, I'm not sure it would be illegal there? I'm pretty sure a recent court case basically made raping a 12 year old un-punishable.
    The fact my rep didn't immediately involve the police and seemed unsure to whether they would be interested made me question even further.
    The guy acted like we were over reacting and like he had done nothing wrong hitting him, he certainly didn't seem to be fearing the law.
  • eskbanker
    eskbanker Posts: 37,282 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    But it's all subjective. I've not heard of people getting full refunds for being unwell though.
    I suspect that OP is referring to the holiday sickness scams that have been getting some media coverage in recent times, such as https://abta.com/tips-and-latest/abta-campaigns/holiday-sickness

    One charming bunch of ambulance-chasers suggests:

    Average Claim Amounts For Holiday Sickness
    Severity Of Illness
    Average Amount
    Food Poisoning – Mild
    £700 – £3,000
    Food Poisoning – Moderate
    £3,000 – £7,000
    Food Poisoning – Severe
    £7,000 – £40,000

    IMHO it is completely inappropriate to use these figures as some sort of benchmark for an incident like this though....
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I reckon I'm owed loads.

    Whenever I'm on holiday, the first dozen or shots of bourbon they serve me in an evening are fine.

    But after that, I reckon they put something in it that makes me really unwell the next day.
  • dhammy
    dhammy Posts: 23 Forumite
    eskbanker wrote: »
    I suspect that OP is referring to the holiday sickness scams that have been getting some media coverage in recent times, such as https://abta.com/tips-and-latest/abta-campaigns/holiday-sickness

    One charming bunch of ambulance-chasers suggests:

    Average Claim Amounts For Holiday Sickness
    Severity Of Illness
    Average Amount
    Food Poisoning – Mild
    £700 – £3,000
    Food Poisoning – Moderate
    £3,000 – £7,000
    Food Poisoning – Severe
    £7,000 – £40,000

    IMHO it is completely inappropriate to use these figures as some sort of benchmark for an incident like this though....

    I didn't mean to set it like a benchmark of some kind, just to point out the unfairness of people being compensated more for something much less serious.
    All I want out of this is the experience replacing. A holiday is a massive expense to me, its the first one we have had in 6 years and I feel that this ruined the entire thing.
    I'll be more than happy if they say they will replace the holiday. The section 75 refund was what I was thinking as a last resort to get the cash to book again elsewhere, I don't think what i'm doing is in any way unjustified or unfair.
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP can you confirm - did you call the police?

    If not why not?

    Assault is a criminal matter.
  • dhammy
    dhammy Posts: 23 Forumite
    OP can you confirm - did you call the police?

    If not why not?

    Assault is a criminal matter.

    I didn't, I'll be honest I wouldn't have know what number to ring and would have had to use the hotels phone to do so. Also as said above I mistakenly relied on others to know what to do. It was quite a shocking situation and looking back I'd have done things differently but at the time I just wanted to speak to someone who spoke English well enough to understand!
  • dhammy
    dhammy Posts: 23 Forumite
    Thanks for all the responses everyone but can we please keep on topic!
    I don't want to keep trying to explain my actions or go into more details about what actually happened.
    I just want some advice on whether this is something the credit card company would be interested in looking into.
  • jpsartre
    jpsartre Posts: 4,090 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    dhammy wrote: »
    I just want some advice on whether this is something the credit card company would be interested in looking into.

    It might be but you'd need some kind of documentation to support your case. Without a police or doctor's report you will probably struggle. And it would probably also hurt your case that you completed your holiday.
  • societys_child
    societys_child Posts: 7,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    dhammy wrote: »
    Thanks for all the responses everyone but can we please keep on topic!
    I don't want to keep trying to explain my actions or go into more details about what actually happened.
    I just want some advice on whether this is something the credit card company would be interested in looking into.
    It is on topic, unfortunately you did very little apart from talk to a manager. No complaint to the provider or the police, you stayed for the rest of the holiday and your child was not seen by a doctor.
    I doubt the CCC will find in your favour, but good luck.
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