TUI

AbiAtt

Hi I decided to cancel my holiday in August with Tui because I am autistic and would never have coped with the way they treated customers just recently. The reason I booked with Tui is their site promises 24/7 support and being kept in the loop at all times. The page is called why book with Tui? I cant post the link as I’m new here. 
Over half term passengers were demonstrably not supported 24/7 or kept in the loop at all. This horrified me.
my Q is, do I have a chance of claiming my deposit back under section 75? I feel they mis-sold me the holiday, giving false information about the service they could provide. 

Brie

I suspect their T&Cs would say deposits are nonrefundable so check that first.  

Even if it says no you could always try talking to them about why you need to cancel.

I don't think that S75 would apply as Tui will simply point to their T&Cs.  After all it is you cancelling - even if you feel it is for a very good reason.  I don't think honestly that anyone will take the fact you are autistic into consideration at all.

AbiAtt

Yeah, my point was they didn’t provide 24/7 support or keep people in the loop as their website promises. I bought my holiday on the basis of this support and they abandoned customers. Surely this is mis-selling?

custardy

AbiAtt said:

Yeah, my point was they didn’t provide 24/7 support or keep people in the loop as their website promises. I bought my holiday on the basis of this support and they abandoned customers. Surely this is mis-selling?

Thats other people.It has no relevance on your purchase/agreements with them

Westin

AbiAtt said:

Yeah, my point was they didn’t provide 24/7 support or keep people in the loop as their website promises. I bought my holiday on the basis of this support and they abandoned customers. Surely this is mis-selling?

I think that references in-resort issues, once on holiday.

IMO I don’t think you have a s75 claim.

NoodleDoodleMan

Did you book at a travel agent, or direct via TUI website ?

rigolith

I think you will struggle. You could ask them for a full refund and ultimately take it to small claims court, but your chance of winning is not great. The law requires you submit yourself to their abuse before you have a strong claim.

eskbanker

AbiAtt said:

Hi I decided to cancel my holiday in August with Tui because I am autistic and would never have coped with the way they treated customers just recently. The reason I booked with Tui is their site promises 24/7 support and being kept in the loop at all times. The page is called why book with Tui? I cant post the link as I’m new here. 
Over half term passengers were demonstrably not supported 24/7 or kept in the loop at all. This horrified me.
my Q is, do I have a chance of claiming my deposit back under section 75? I feel they mis-sold me the holiday, giving false information about the service they could provide. 

Presumably you're referring to https://www.tui.co.uk/discover/why-book-with-tui-reasons?

5. YOU’LL GET ROUND-THE-CLOCK SUPPORT

When you choose TUI, you can expect 24/7 support while you’re away. Simply download the TUI app and you’ll have a TUI rep at your fingertips, 24 hours a day, seven days a week. Or, you can call our expertly trained staff. Require special assistance? We’ve got a designated team who can help with that, too.

[...]

7. WE’LL KEEP YOU IN THE LOOP

From providing guidance on forms you need to fill out before you travel to sharing the latest travel advice, we’ll keep you informed every step of the way. Plus, if we need to make any changes to your holiday, we’ll contact you as soon as possible with a range of flexible options. We have a page dedicated to frequently asked questions, which is updated regularly.

The cynic would observe that this carefully-constructed wording actually commits to little more than providing an app, a phone number and some emails, so not a particularly high bar for them to clear in the event of any sort of legal or contractual dispute, i.e. some recent short-notice cancellations and other disruption wouldn't constitute misselling in any meaningful sense.

And as above, even if it could be demonstrated that they'd failed to meet the expected standards recently, that doesn't in itself signify that they'd fail to do so in future....

CKhalvashi

I'm also of the opinion that this doesn't meet the requirements for a refund on the basis that it's you that has cancelled, not TUI, and there is not yet an indication that they will fail to meet any contractual obligations to you.

We established long ago that if you are cancelled on, you have significant rights, where if you cancel you don't. It's often been a case of who blinks first and the law has not been on the side of the consumer when it's been them.

This is no different to any other cancellation by the customer we've seen in such circumstances.

Pollycat

From the extract above by eskbanker:

...you can expect 24/7 support whilst you're away.

You didn't get as far as departure as you cancelled 2 months before.
The holiday was not mis-sold, they gave information about the service they could provide in resort. Not prior to departure.

onashoestring

@AbiAtt I sympathise with your anxiety over your future holiday in light of the news reports .

As others have said you aren’t entitled to a refund of your deposit as you decided to cancel in anticipation that TUi would not be able to provide you with the holiday/ support you expected . It maybe that these problems are fixed by August . 

As TUI has not breached its contract with you - you wouldn’t be entitled to claim Section75 or charge back .

You also would not be entitled to claim on your travel insurance for disinclination to travel .

That doesn’t mean it was a bad decision to cancel . For you personally if it has reduced your anxiety then loss of a deposit is a small price to pay for your mental health . I hope you find another holiday that suits your circumstances.