Holiday/Disabled Request

Miranda74Cat
Miranda74Cat Posts: 26
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edited 3 January at 5:34AM in Consumer rights
I recently went on a TUI holiday costing over 3k. My husband is disabled (eg highest rate PIP award), wheelchair assistance in the airport required and ground floor room required.
I was assured by the TUI access team whom I spoke to prior to the holiday that these needs would be met. Airport both ends were great, well organized and no problems. The problem was when we were allocated a third floor room! It was the bell boy that advised this room would not be appropriate. Reception told me they had not been informed of the request by TUI and explained the best they had was only a second floor room for 2 nights and then a ground floor would be available for the rest of the stay (2 weeks). So husband was marooned in the room for 2 days and nights not being able to use any of the facilities because getting up and down the stairs, no lifts, was just too painful and totally impractical. I have complained to TUI who have offered me £100 off another TUI holiday. I think this offer is derisory. Does anybody please have any advice on what to do next? 
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  • Mark_d
    Mark_d Posts: 269
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    Did TUI give you a number to call if you had any issues whilst on holiday?  The travel operator has obligations under the Package Travel and Linked Travel Arrangements 2018 but you have to tell them as soon as possible so that they can take action to resolve the situation. In this case they might have potentially offered you a different hotel.
    I would not be happy to accept the £100 voucher.  Infact I'd be hesitant to book with TUI again.  However in terms of what you can do - complain to ABTA, Section 75 claim on your credit card, travel ombudsman.
    Good luck!
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,775
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    How much are you after?  It’s often best to start there and work backwards to possible solutions.
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 7,291
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    edited 3 January at 8:26AM
    Sorry to hear OP.

    There are two avenues here, the first is to complain higher to TUI, their first offer is always going to be low and staff higher up may be authorised to offer you more.

    If not you may be able to complain via ABTA, TUI should advise on this. 

    Outside of that there is case law for loss of enjoyment during a holiday, damages are not related to the value of the holiday but rather the occasion is more likely to be considered. 

    Special occasions (e.g anniversary) damages may be £264 to £1161 or run of the mill holidays £83 to £1876.

    This was covered originally under Jarvis v Swans Tours Ltd [1972] (EWCA Civ 8) and the £ values under Milner & anor v Carnival plc [2010] (EWCA Civ 389). 

    If you can drop these case laws into your communications with them they might be more inclined to offer you something that greater reflects the loss of enjoyment for the 2 day period :)  
  • born_again
    born_again Posts: 13,575
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    In reality this is a case of should have not taken the room at all. Simply saying as requested a ground floor room & let them either ask someone to move, or find other accommodation that was suitable.
    Life in the slow lane
  • Miranda74Cat
    Miranda74Cat Posts: 26
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    How much are you after?  It’s often best to start there and work backwards to possible solutions.
    I don't know, I was interested to know if there is a standard.
    Mark_d said:
    Did TUI give you a number to call if you had any issues whilst on holiday?  The travel operator has obligations under the Package Travel and Linked Travel Arrangements 2018 but you have to tell them as soon as possible so that they can take action to resolve the situation. In this case they might have potentially offered you a different hotel.
    I would not be happy to accept the £100 voucher.  Infact I'd be hesitant to book with TUI again.  However in terms of what you can do - complain to ABTA, Section 75 claim on your credit card, travel ombudsman.
    Good luck!

    Communication whilst away was through the TUI app, and I did let them know via the app at the time. 
  • Miranda74Cat
    Miranda74Cat Posts: 26
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    Sorry to hear OP.

    There are two avenues here, the first is to complain higher to TUI, their first offer is always going to be low and staff higher up may be authorised to offer you more.

    If not you may be able to complain via ABTA, TUI should advise on this. 

    Outside of that there is case law for loss of enjoyment during a holiday, damages are not related to the value of the holiday but rather the occasion is more likely to be considered. 

    Special occasions (e.g anniversary) damages may be £264 to £1161 or run of the mill holidays £83 to £1876.

    This was covered originally under Jarvis v Swans Tours Ltd [1972] (EWCA Civ 8) and the £ values under Milner & anor v Carnival plc [2010] (EWCA Civ 389). 

    If you can drop these case laws into your communications with them they might be more inclined to offer you something that greater reflects the loss of enjoyment for the 2 day period :)  
    Many thanks for this detailed response.
    It was a pre Christmas holiday not any other occasion, retuned on the 22nd Dec.
    Would you know, if there is a 'standard' daily rate for loss of enjoyment, and also if it should be cash compensation rather than a voucher?
    At this point I have not asked for anything ,they have offered the £100 voucher. 
    Many thanks for your help 
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 7,291
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    edited 3 January at 9:25AM
    Many thanks for this detailed response.
    It was a pre Christmas holiday not any other occasion, retuned on the 22nd Dec.
    Would you know, if there is a 'standard' daily rate for loss of enjoyment, and also if it should be cash compensation rather than a voucher?
    At this point I have not asked for anything ,they have offered the £100 voucher. 
    Many thanks for your help 
    Pleasure :) 

    Ultimately the figure would be for a court to decide, probably best to avoid such a headache if possible meaning it's a negotiation with TUI as it stands.

    Whilst taking number of nights and pricing up 2 of them is logically, the damages are awarded for loss of enjoyment rather than on a direct monetary basis which is why it comes down to the occasion and the impact it had, such claims are very hard to quantify as it's rather personal. 

    May I ask, if they offered you cash is there an amount you would feel is worth accepting? 

    Did you use their complaints form:

    https://www.tui.co.uk/destinations/contact-us/after-travel

    If so you can Google "CEO email" and search the ceo email website for TUI and there is an email contact which, if they reply, will come from a higher level of customer service.  
  • RefluentBeans
    RefluentBeans Posts: 851
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    How much are you after?  It’s often best to start there and work backwards to possible solutions.
    I don't know, I was interested to know if there is a standard.

    Ok, but you described their offer of a £100 voucher as derisory, so you must have some sort of figure in mind.  If they turned that into £100 cash, would that be acceptable?  There isn't a standard, but I'd look at a formulaic approach as a starting point:

    16 nights in total, for 2 people
    2 of those nights were impractical for 1 person
    1/32 of the accommodation cost as a refund - how does that stack up?

    If you argue that you were both inconvenienced for the two nights (which is not an unreasonable argument), then 1/16th if the accommodation cost should be refunded.  What does that look like?  Acceptable?

    The point is that while a £100 voucher may be considered derisory, you're unlikely to get half the holiday cost refunded for example.  Having some sort of idea of a reasonably calculated amount gives the message that a) you've considered your complaint carefully, and b) you're not coming across as greedy.  You may also get more if you're prepared to accept vouchers, because they'll get your custom again, whereas a cash refund is absolutely lost revenue to them.
    Exactly this - plus if there was any events on those specific dates that couldn’t be moved and thus lost deposits/payments for. I think the OP is looking for a how to put a price on enjoyment rate - but that is extremely hard to prove and justify. Just the same as claiming a few thousand for ‘emotional damage’ is hard to prove and justify. 

    OP the costs you can legally claim (back as cash, as a refund) has to be damages actually cost to you - for example the formula above, plus any events that had to be cancelled because you couldn’t get to them (but that may also be contentious if they argue they were able to support the movement of your partner between the room and reception). The rest is harder to prove as it’s immaterial. I may value a day of peace and enjoyment at £40 a day, you may value it at £400, Aylesbury may value it at £4000. The higher the amount, the more proof you need. 

    I would look at the offer and work out the legal minimum you can claim for (using this formula) - if they want you to have a voucher then they should pay extra for them being able to retain the money in their system rather than a cash a refund. That gives you the best negotiating position. The more defensible the calculation is, the better chances of getting that cash (or a higher voucher) refund. 
  • powerful_Rogue
    powerful_Rogue Posts: 7,465
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    How much are you after?  It’s often best to start there and work backwards to possible solutions.
    I don't know, I was interested to know if there is a standard.
    Mark_d said:
    Did TUI give you a number to call if you had any issues whilst on holiday?  The travel operator has obligations under the Package Travel and Linked Travel Arrangements 2018 but you have to tell them as soon as possible so that they can take action to resolve the situation. In this case they might have potentially offered you a different hotel.
    I would not be happy to accept the £100 voucher.  Infact I'd be hesitant to book with TUI again.  However in terms of what you can do - complain to ABTA, Section 75 claim on your credit card, travel ombudsman.
    Good luck!

    Communication whilst away was through the TUI app, and I did let them know via the app at the time. 
    What was said via the app? What was TUI response when you complained to them after getting the 3rd floor room?
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