ABTA arbitration ignored key evidence – what can I do?

MommaCC

Hi all,

I’m hoping for some advice or insight, as I feel very let down by Jet2 and by the ABTA arbitration process. My husband and I booked a honeymoon package with Jet2 to the Carian Hotel in Massouri, Kalymnos, Greece. Several issues happened during the holiday:

• We were given the wrong room type
• There were repeated power cuts
• I rely on a CPAP machine for a medical condition, and the power cuts caused it to stop repeatedly during the night
• Jet2 gave incorrect transfer instructions, meaning we had to cross a roundabout with luggage and medical equipment

I raised these issues with Jet2 after the holiday. Jet2 acknowledged in writing that I use a CPAP machine (“I can see you’ve mentioned you wear a CPAP machine on an evening…”).However, when the case went to ABTA arbitration, the arbitrator stated in the final Award that there was “no evidence” I used a CPAP machine. This is simply not true, as Jet2’s own email confirms it. The arbitrator also stated that I did not report any issues to Jet2 during the holiday, even though I submitted WhatsApp screenshots showing that I contacted Jet2 on arrival about the room. Their automated system didn’t allow further discussion, but it was still a contemporaneous report. Jet2 also wrote to me after the holiday saying, “You’ve mentioned you were given the wrong room type when you checked in, which I’m sorry about.” The arbitrator dismissed this as merely acknowledging my complaint rather than admitting the room was wrong. Despite these points, the arbitrator dismissed my claim entirely and ordered me to repay Jet2’s £150 arbitration fee.

I feel the decision was based on factual errors and that key evidence was overlooked. I’ve contacted The Guardian and BBC Rip Off Britain, but I’d really appreciate any advice from the MSE community on:

• Whether others have experienced similar issues with ABTA arbitration
• Whether there is any further route to challenge factual errors
• Whether going public is the right next step
• Whether Jet2’s WhatsApp system blocking proper reporting is something others have faced

Any guidance or shared experiences would be really appreciated.

Many thanks in advance for any advice or guidance you give.

la531983

Im not sure how you can blame a tour operator or even a hotel for power cuts (assuming its not due to dodgy wiring), these can happen the world over and its totally unreasonable to expect any hotel to have its own back up generators capable of keeping such machines operating.

If you had substantial luggage and medical equipment surely a private transfer would have been better.

Isthisforreal99

Were you moved to the 'correct' type room after raising it? If not, did you pay extra for booking a room you did not get?

Power cuts happen, not sure what you expect Jet2 to do about them.

Transfer instructions is unfortunate but you can't really be seeking compensation for that?

Only thing you might have a case on is if you paid extra for the room and weren't provided it.

Other than that, imho, your complaint has no real merits.

Alderbank

No mains supply, even here in UK, is guaranteed. I am frankly gobsmacked that you would even consider jetting off to southern Europe without a FAA-approved CPAP backup battery in your luggage.

https://www.cpapsupply.co.uk/collections/cpap-batteries?srsltid=AfmBOorGWFvKakyd4Toa9xzHz9qrFzBrhR5LSnpyhQ5Kqf1adIoD-M3s

eskbanker

Jet2 acknowledged in writing that I use a CPAP machine (“I can see you’ve mentioned you wear a CPAP machine on an evening…”).However, when the case went to ABTA arbitration, the arbitrator stated in the final Award that there was “no evidence” I used a CPAP machine. This is simply not true, as Jet2’s own email confirms it.

There's a difference between you mentioning that you use a CPAP machine and there actually being evidence of this, i.e. what you consider as evidence is simply evidence that they accept you mentioned it, rather than evidence that you used one, which is presumably where ABTA are coming from? Or is there debate about whether you told them about this before travelling?

Jet2 also wrote to me after the holiday saying, “You’ve mentioned you were given the wrong room type when you checked in, which I’m sorry about.” The arbitrator dismissed this as merely acknowledging my complaint rather than admitting the room was wrong.

Same applies here - they're acknowledging that you mentioned it, not actually admitting anything, although expressing sorrow does blur that a bit.

There will doubtless be other documentation that you haven't shared on here, but I'm just highlighting that what you have shared perhaps isn't as compelling as you believe it to be, in the context of a formal arbitration process as opposed to a customer complaint.

Are you hoping for a compensation payment, and if so, have you proposed anything specific, in terms of x% of the holiday cost?

Grumpy_chap

1. With regard to the room type, did you report this to Jet 2 and the Hotel at check-in? It is unclear as you say "I raised these issues with Jet2 after the holiday" but also that you made contact through Whatsapp during the holiday. Albeit "different" was the room type materially and financially different from that booked? Had you paid extra for a sea-view and actually had a non-sea view room, or was it a "different" room but same price band, or was it a far bigger delta, such as booked a suite and received standard double?
2. Power cuts and medical device. Were these power cuts confined to the hotel or part of the hotel or were they area-wide? If the power cuts were area-wide, I can't see how you can consider Jet2 or the hotel liable.
3. Had you notified Jet 2 of your medical needs prior to travel? If they knew after the travel, that is too late to advise. (The e-mail you refer to seems to be an after the holiday e-mail - I also don't think that e-mail is "evidence" as Jet 2 only seem to have confirmed back what you seem to have stated to them "I can see you've mentioned…") How do you manage the CPAP at home when power cuts occur?
4. It is unclear how the transfer instructions were incorrect. Were there others also having to cross the roundabout?

Hi all,

I’m hoping for some advice or insight, as I feel very let down by Jet2 and by the ABTA arbitration process. My husband and I booked a honeymoon package with Jet2 to the Carian Hotel in Massouri, Kalymnos, Greece. Several issues happened during the holiday:

We were given the wrong room type

There were repeated power cuts

I rely on a CPAP machine for a medical condition, and the power cuts caused it to stop repeatedly during the night

Jet2 gave incorrect transfer instructions, meaning we had to cross a roundabout with luggage and medical equipment

I raised these issues with Jet2 after the holiday. Jet2 acknowledged in writing that I use a CPAP machine (“I can see you’ve mentioned you wear a CPAP machine on an evening…”).However, when the case went to ABTA arbitration, the arbitrator stated in the final Award that there was “no evidence” I used a CPAP machine. This is simply not true, as Jet2’s own email confirms it. The arbitrator also stated that I did not report any issues to Jet2 during the holiday, even though I submitted WhatsApp screenshots showing that I contacted Jet2 on arrival about the room. Their automated system didn’t allow further discussion, but it was still a contemporaneous report. Jet2 also wrote to me after the holiday saying, “You’ve mentioned you were given the wrong room type when you checked in, which I’m sorry about.” The arbitrator dismissed this as merely acknowledging my complaint rather than admitting the room was wrong. Despite these points, the arbitrator dismissed my claim entirely and ordered me to repay Jet2’s £150 arbitration fee.

I feel the decision was based on factual errors and that key evidence was overlooked. I’ve contacted The Guardian and BBC Rip Off Britain, but I’d really appreciate any advice from the MSE community on:

Whether others have experienced similar issues with ABTA arbitration

Whether there is any further route to challenge factual errors

Whether going public is the right next step

Whether Jet2’s WhatsApp system blocking proper reporting is something others have faced

Any guidance or shared experiences would be really appreciated.

Many thanks in advance for any advice or guidance you give.