Thomas Cook can they do that????

[The Borg]

Will try and condense this down. I booked my Holiday to Florida 14 Months before departure and stipulated i wanted a direct flight to and from, which i paid more for. I was then told ten days before when i went in to pick the tickets up that we were now going via Glasgow and not direct to Sanford (FL). At this point i complained and was told if i didn't except this change then i would lose the holiday in full. I was also told that the times had changed for the flight and that i would have to be at the airport 3 hours earlier than before and also i would lose half a day in Florida on the way back. I had arranged to be dropped off at Gatwick 30 Min's before check in so i could make sure i was sat next to my daughter (10 years old) and her cousin (12 years old). due to the flight change i couldn't change my travel plans to the airport and would arrive after check in had started so was told to ring up and pre book seats costing £77. Now this to me is wrong its there change and I'm paying more. On the day the flight was late leaving and we were sat at Glasgow for over 2 hours and not offered a Glass of water or allowed to use the toilets due to refueling and health and safety. After being on the plane for 4.30 Min's we were still in Glasgow and further away from Florida than when we had started. The reason for booking a direct flight was my daughter has never flown before. The plane by the way was less than 20% full. After 12 hours into the flight my daughters cousin, Kate was complaining of stomach pain and i told her to wonder around the plane a few times to ease the pain. After being on the plane for 14.48 Min's we finally landed. During the last few hours of the flight Kate was in tears of pain and she has flown to Florida before but on a direct flight and to other destinations before with out any problems at all. Got to the hotel room and Kate still in real bad pain in the end called the Doctor and was told call 911 and we were all taken to Hospital. We spent 4.35 in Hospital and was discharged at 7.AM and was told there was no viral infection and it was due to a unusually long flight, she was told to take it easy for a few days and to rest up. The second day of our Holiday i had to get the Doctor to visit the Hotel due to Kate becoming more and more in pain and upset. The doctor was concerned that she was still in pain and like any child wanted to go home and she her parents. During the 3rd day she was still no better so called TC and asked that our flights be changed and was told that i would now have to buy new tickets and i would have to complain when i got back. So after spending £800 to get back( i did call my insurance company but they said no as well). Got back and after see her UK doctor who said it was stress due to being on the plane for such a long time. Have written to TC and asked for compensation but have been told by the shop staff that theres not much chance and to chalk it up to experience.

So as far as I'm concerned i paid for something that they didn't provide and it caused this problem, do they have the right to change things and not let me know?

Anyone else gone up against TC??

[almond]

hi
trying to look at this and help,but i am not sure you are going to like the answers
flight until tickets arrive any amount of changes can be made, unless flight changed from day to night flight nothing can be done.
Hospital - doctor who has paid the bill? are insurance going to cover that?
length of flight- don't think any insurance company will cover you for that.
the only chance you have is seeing if you are covered by insurance for cutting your holiday short because of illness , but i doubt it, they might say because the doctor gave the all clear to travel back she was fine.
the other way you might be able to claim is for unused days at your hotel
from tc. What did you tell the rep in florida? and why could'nt that help get you mutual aid seats home?
I disagree with you saying you paid for something they did'nt provide
they provided the holiday, what did they provide and not let you know?
can you find out when the flight was changed from direct to via gla? since i think the agent will have known about it earlier than 10 days before, but might not have told you until picking up your tickets

[Bluefairy]

The terms and conditions that you accepted at the time of booking will confirm that the flighs can be changed at any time and that you may stop for refuelling. Refuelling may also be confirmed on your tickets. If here is a delay in the refuelling this can have a knock on effect in getting clearance from air traffic control to take off and you will need to wait for the next slot - that may be why you were delayed further.

The tour operaor is only obliged to tell you of singificant changes to yor flights i.e. 12 hours or more and are only oblied to provide you with welfare up to 5 hours (i think - maybe 7) thereafter welfare and overnight accom or you can cancel with compensation as detailed in your brochure (£40 pp?).

The are only obliged to tell you about any change as soon as they can - it can be months weeks or days before travel

Subject to what you booked, the TO is contracted to provide:

air travel UK - to USA
transfers from/to airport and accommodation
Accomodation at the hotel etc youy booked on the biard basis you booked
Servcies of rep

Sounds like you did receive all parts that you contracted for

As for the illness element, you would need to provide medical eveidence of a diagnosed illness and establish a causal link - ie connecting it to the flight

I realise that it might have been very upsetting and inconvenient but I dont think you have grounds for a claim

[The Borg]

Hi
Thank you Almond and Bluefairy for your feed back.

The bit i dont understand is that if you pay more money for a direct flight and then you dont get that, then you are not getting what you have paid for. I may be wrong but if i buy a diesel car and then i get delivered a petrol then am i just supposed to be happy? TC gave me choice at the time of booking, if i paid more (which i did) i would get a direct flight and the reason for paying more was explaned to the operator. Can you see what im getting at. The insurance is covering the doctors. The reason for the flight change was to pick up about 8 people from Glasgow. when i picked up my tickets i was given no alternative apart from not going at all.

Thanks

[verycatchy7939]

Originally Posted by The Borg

Hi
Thank you Almond and Bluefairy for your feed back.

The bit i dont understand is that if you pay more money for a direct flight and then you dont get that, then you are not getting what you have paid for. I may be wrong but if i buy a diesel car and then i get delivered a petrol then am i just supposed to be happy? TC gave me choice at the time of booking, if i paid more (which i did) i would get a direct flight and the reason for paying more was explaned to the operator. Can you see what im getting at. The insurance is covering the doctors. The reason for the flight change was to pick up about 8 people from Glasgow. when i picked up my tickets i was given no alternative apart from not going at all.

Thanks

moral here is don't use regional airports,Gatwick , Manchester and heath row cater for long haul, not little airports like Glasgow

[almond]

hi
the difference between a direct flight and a non stop flight
direct - no need to change the aircraft
non stop - no pick ups
i would try and find out when the flight changed and was dropping down
in gla since i think the agent will have been told well in advance of a week
of you departure date.

[Isiris]

I dont meant to sound funny and your reply will be that Im not a Doctor, but stress of a long flight. I go to Sanford 3 times a year and Sydney twice a year so I dont know how you would say a 14 hour flight to Sanford would make you ill when a flight to Sydney is 23 hours

[Bluefairy]

Hi, its all covered in the small print of the terms and conditions im afraid. We all sign the booking condiions form at the time the booking is made to say we have read and accept the terms and conditions, however in reality we hardly ever to read them - until we hit a problem - its human nature. The law on this point is that if you signed the form you are bound by the terms and conditions whether you have seen the brochure or not

The flights will be secured probably 18 months or so ahead by the tour ops (TC) but scheduled and charter flight availability literally changes by the day and are subject to change as time go by, particulalry in this current climate with airines dropping lke flies etc.

Hope you find this helpful

Love Blue x

[The Borg]

Hi

Isiris, you are a very well traveled 12 year old child and if i had known before i would have asked you to go instead. The Point is i booked a direct flight and i didnt get what i booked and if i had got the flight i had booked then i dont think we would have had the problems which we had. I am fully aware that to go to sydney is 23 hours and yes in my book that is a long flight but some people call go to spain and being on a plane for 3 hours is a long time to them. Kate has been to florida before on a direct flight and was fine and has been to lots of places around the world (not Sydney) and has always been fine. it wasent till 12 hours into the flight she started to be in real pain and was distresed if the times had been kept to by TC then we would have been off the plane. If it was a genuine reason for a delay then thats just how its is, this was premeditated.

Bluefairy

The devil is in the detail for sure, have had a reply fron TC and have had to fill in the questionar form. Have also talked to a solicitor who is now handling the case.

Will keep everyone posted to how it goes

[Isiris]

Always amazes me on here when you put a point across that doesnt agree with the OP they have a dig.

I take my kids to Sanford 3 times a year and Sydney once. I go once a year with my wife. My children are 7 and 11 so yes, they are very well travelled children.

[almond]

hi the borg
I don't think you are going to like what i am going to say but the solicitor is taking your money and giving you false hope, the only way you are going to get anywhere is to find out WHEN the flight was changed from
NON- STOP to via glasgow. You need to remember the flight was direct
since you did not have to change planes. I would try and find out from thomas cook themselves sending a letter asking when their informed the travel agent and send a copy to abta.
I have been in travel over 20 years and will do all i can to help customers against the big boys but i would rather tell it as it is. Send a letter to thomas cook, your agent and one to abta don't let solicitor take anymore money ! what is it £180 per hour?

[Isiris]

Has the solicitor explained that their costs wont be recoverable if they are found liable.

[verycatchy7939]

i think taking action against Thomas cook is not really in your best interests. The cost using the legal process will outweigh an settlement from the court,IN other words the solicitors will only get richer.

If i was you i would send letter to the company and exhaust there complaints process and once you have done this i would then use the free ABTA arbitration service.If you give ABTA a call they will send you details of this.

But what ever you do you must follow this ABTA process to the letter.

I did in similar circumstances and got 25% refund of a 3K holiday.

One question though did you complain in resort and fill a complaint form out? this is important as both ABTA and the court(if you use this medium) will look less kindly on this case if u did not.

[The Borg]

Hi Everyone

Isiris, i am sorry if my reply has affended you and i do value your comments and thank you for making them.

Im just angry that Thomas Cook and other travel companys can do this and get away with it. Its not realy about money anymore it about wrong and right ( dont get me wrong if there is a cash offer than great) and im just mad as hell of there attitude to the customer.

The legal help is from a soliciter who is a mate of mine and its all free of charge and being done in his spare time.

From what i can tell and this is only what i can gather is the flight was changed in november last year. The reason for this is i went on the internet last december just to see if my holiday had become cheaper and i couldent find my flight only the one i ended up with. I just thought my flight had become full and that was that.

TC have said that they have 28 days from responding to my last letter and sending off the questionar to them. so it time to wait again.

Am i right in thinking that once TC tell me to go to hell its contact ABTA, i get the feeling from reading the forums that TC are not going to make me an offer and ABTA may be the only way. The grinding part is i want them to appologise and say that they are sorry and amend there ways ( to much to ask realy, next thing i will be ranting on about world peace) and refund some of the money with a bit of luck.

I did fill in the form at the resort and the lady rep was very nice and helpfull, she advised me to call into my local branch when i got home but would relay the paper work to TC in the UK.

One thing i have learnt is always get travel insurance as if i haddent had it i would be feeling even worse. Im still getting bills from the hospital and the doctors and have to send them to the insurance for payment (lots of money).

Thanks again to everyone

[almond]

do you have any proof that the flight changed last november (screen shot) this is what you need.
Do another letter to thomas cook, your travel agent and copy in abta.
state you want to know when the flight was changed (don't say your saw
your flight on the internet) tell them you spoke to somebody that booked on the internet last nov and the flight was via gla. Its the tour operator and agent that are at fault them MUST pass on all info to you as soon as its recieved. I hope you understand what i am getting at. Your solicitor will be able to do a letter for you.
I think by going down this route you might get somewhere since they will be in breach of contract for not passing on details.