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ABTA arbitration

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  • eskbanker
    eskbanker Posts: 36,990 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Carter33 said:
    I have just had an ABTA arbitrator dismiss my claim and order me to pay the respondent's claim fee of £108. I am shocked and appalled at the super biased and partial not to mention unjust decision that has been made. Not because it was against me but because my claim would stand in the civil court as a basic breach of contract law. The arbitrator has made an overtly biased decision in favour of those that pay for the so-called ABTA arbitration system. His decision is scattered with factual and grammatical errors and I was shocked to see that he had cited the wrong facts.  I was naive to think I would get a fair and independent decision. It has been a smack in the face and I would recommend that others consider going directly to the county court to seek a small claim rather than waste your time and money with a not-fit-for-purpose abta arbitration system. Total waste of time and money. Most importantly wholly unjust decision. The travel companies are getting away with treating customers very poorly. Shame on you all. 
    Are you progressing to a stage 2 review then?

    https://www.abta.com/help-and-complaints/customer-support/resolving-disputes

    Or if the claim is as black and white as you suggest, straight to court?
  • Alan_Bowen
    Alan_Bowen Posts: 4,912 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Unlike ADR for EU/UK261 claims, there is no option to go to court . When you sign up for ABTA arbitration, you agree it is an alternative to court and Trading Standards have approved the concept that it is a final arbiter of the case. The success rate is still well in favour of consumers, and without knowing the facts it is impossible to judge who was right or wrong. When the tour operator responds, there is an opportunity to respond to everything they have alleged but I frequently found that customers did not do so, which can weaken their case
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