Section 75 Refund For Holiday

dhammy

bengal-stripe wrote: »

Was that water sprinkler right in the middle of the flower beds, by any chance?

Ha no, just on grass.

jpsartre

dhammy wrote: »

Had a phone call from them last night (thomson) they arn't trying to deny anything and seem very apologetic which is good. They are calling again today to discuss a resolution.

That's good and probably the best way forward for you.

gardner1

bengal-stripe wrote: »

Was that water sprinkler right in the middle of the flower beds, by any chance?

And as a side note
Most hotels in the med don't use mains water for watering the grass and flower beds !!!

dhammy

gardner1 wrote: »

And as a side note
Most hotels in the med don't use mains water for watering the grass and flower beds !!!

Ha I checked in advance! it was a portable sprinkler that they attached up to the supply the showers used!

Candyapple

Be sure to keep the thread updated with the outcome or if you receive any compensation from Thomson.

antrobus

dhammy wrote: »

...If they refuse I'm thinking of trying to get a section 75 refund from my credit card company under the grounds that the holiday was sold as a family friendly hotel, I think my son being assaulted makes that a miss representation?
My main question is, would this be the sort of thing section 75 would cover? ...

Section 75 of CCA 1974 does indeed make the creditor equally liable for "any claim against the supplier in respect of a misrepresentation or breach of contract". Your problem would be in establishing misrepresentation.

Misrepresentation is a false statement of fact or law. If the hotel made a statement that they were a "family friendly hotel", that statement does not become false as a result of some future event that the hotel had no knowledge of when they made the statement.

[Deleted User]

Candyapple wrote: »

Be sure to keep the thread updated with the outcome or if you receive any compensation from Thomson.

I suggest we don't hold our breath

Chapuys

This will be held against you in a claim:
* No written confirmation from the hotel of the incident/dismissal.
* No police report or discussions with the police.
* Continuing the holiday and not talking to your tour rep or contacting them.

All this points to you not wanting the hassle of reporting it or ruining the holiday. This then implies it not that big of an incident that you are making or didn't happen. It might have been, but it implies it wasn't. Calling the police in Turkey is easy as it is the same emergency number as across Europe 112 (also works in the UK) and a quick Google search gives you the police as 155.

I would now:
* Contact your tour operator regarding the incident so it is logged (looks like you did that) and see what they do or can provide (ask them to confirm with the hotel the dismissal for example).
* I would take your son to see a GP asap and mention the incident and anything he may still be feeling after he has returned home.
* Contact the police here and state an incident happened in Turkey regarding your son and see what they say about the incident. I know it's not in their jurisdiction, but they may be able to offer some advice as well as a crime reference number (it was still an incident affecting a child UK citizen).
* Contact the Turkish embassy regarding the incident, see if they can pass you information of who to report it to at the resort you were at. You can still report it to the police there.
* Email the hotel and ask for confirmation of the dismissal due to the incident. They may inadvertently disclose the incident in the reply.
* Create a chronology of the events and link them to the pictures and witness accounts.

glentoran99

dhammy wrote: »

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!

112 like every other country in Europe!! Seriously what would you do if you needed urgent medical treatment for example, No mobile phone with you?

Placitasgirl

Frankly the OP would have had to have been far more proactive both whilst on holiday and since returning home to have any chance of any compensation in this case. They made no contact with the police whilst in Turkey (surely anyone with children should familiarise themselves with the local emergency telephone number in case of accident or emergency?) and remained at the hotel where the child was "assaulted". If this incident happened as described then surely you'd have reported it to the police and removed yourselves from the situation before making a formal complaint to the police, the hotel and your travel company?

Since returning home you've done little more than come up with the idea of claiming misrepresentation of the hotel as "family friendly" in order to pay for next year's holiday. I wish you luck with that..... I suspect you'll need it.