ABTA Complaints Process

Palaceman8

Does anybody have any experience of taking a complaint through stage 2 of this - that is the stage where you agree to go to an independent arbitrator (for which you pay) because ABTA have been unable to get both parties to agree on a settlement at stage 1. I am still at stage 1, but I am assuming the firm (TUI) aren't going to offer a satisfactory settlement, and I was wondering which route to then take

I wondered if anybody here has gone through to the arbitrator, and whether they felt the process at that stage was genuinely independent. My other option, of course, would be to take out a summons, and pursue the matter in the small claims court. I would be very interested in hearing of people's experience against a travel company using either route

Alan_Bowen

The arbitration scheme is completely independent of ABTA and if recent figures are to be believed, has become very consumer friendly. The last figures I saw showed a success rate of 90% plus for consumers, for years it hovered between 60-75% when a different arbitrator was used. 

If you want to have your say in court, then issuing a summons is the way to go but depending on where you are in the country, you can be waiting a long time for a hearing, the latest statistics showed an average of 51 weeks from issue to hearing date but there are huge variations, smaller county courts tend to be a lot quicker, large ones can be even longer. The rate of success is far lower in courts, I think operators take more care in defending court cases, TUI always defends cases, even those that seem to be indefensible, but on the other hand, the average award if you win tends to be higher.

Arbitration is on paper only, some prefer that and once you see their Defence, you have an opportunity to respond. All the arbitrators are qualified and many deal with a number of travel cases a year whereas a county court judge, particularly in a smaller court, may only see one infrequently. Tour operators pay more than your fee to go to arbitration and the mere application sometimes encourages them to increase a previous offer, on the other hand, there are no court fees to defend a case. I hope that helps you decide which way to go, it is important to know that if you go to arbitration, you lose the right to then issue legal proceedings, it is one or the other.

martindow

Anecdotally, judges can take a dim view of people who jump to court action before exhausting arbitration or other schemes set up to resolve disputes.  You run the risk of a judge awarding less than the arbitration scheme would and a 90% success rate sounds very promising.

Alan_Bowen

For holiday claims you cannot use ABTA arbitration and then go to court, it is one or the other. As part of the court proceedings, the court will offer telephone mediation but both sides have to agree and if they don't you have to wait for the court date. 

Palaceman8

Thank you everyone. All the comments are extremely helpful. I am very grateful

rav_a

Hi 

I just wanted to know what you ended up doing as I’m in a similar situation now and I’m not sure whether to accept TUIs offer or go to arbitration. I think they owe me more but what is the likelihood of me succeeding. Any advice would be greatly appreciated 

eskbanker

rav_a said:

Hi 

I just wanted to know what you ended up doing as I’m in a similar situation now and I’m not sure whether to accept TUIs offer or go to arbitration. I think they owe me more but what is the likelihood of me succeeding. Any advice would be greatly appreciated 

I don't know if OP will return to the thread nearly a year on from previously visiting the forum, but if you outline your situation in more detail and in particular what TUI have offered, and why you think more should be on the table, then perhaps posters can offer thoughts on your chances?

TM74

I'm at a stage weather or not I should probably go to stage 2 of Arbitration.
Tui had lost my luggage for 3 .5 days, they gave us 25 euros a day each ( 2 ppl ) and said that was enough for Taxis, clothes, toiletries, suncream etc , so in total £150 was issued, we spent way more out of our own money and felt our holiday was ruined for the first 3 days out of ten.
Where would ppl think I stand with this one , would it be worth paying the £108 for an extra 500 quid ? 
Thanks 

Westin

TM74 said:

I'm at a stage weather or not I should probably go to stage 2 of Arbitration.
Tui had lost my luggage for 3 .5 days, they gave us 25 euros a day each ( 2 ppl ) and said that was enough for Taxis, clothes, toiletries, suncream etc , so in total £150 was issued, we spent way more out of our own money and felt our holiday was ruined for the first 3 days out of ten.
Where would ppl think I stand with this one , would it be worth paying the £108 for an extra 500 quid ? 
Thanks 

Honestly. I think the TUI offer is reasonable.

eDicky

Westin said:

TM74 said:

I'm at a stage weather or not I should probably go to stage 2 of Arbitration.
Tui had lost my luggage for 3 .5 days, they gave us 25 euros a day each ( 2 ppl ) and said that was enough for Taxis, clothes, toiletries, suncream etc , so in total £150 was issued, we spent way more out of our own money and felt our holiday was ruined for the first 3 days out of ten.
Where would ppl think I stand with this one , would it be worth paying the £108 for an extra 500 quid ? 
Thanks 

Honestly. I think the TUI offer is reasonable.

I too. Bags going astray for a few days is commonplace, hardly so ruinous..