Thomas Cook Cruise Problems

fluffy25 · 2nd November 2008, 18:08

I have just returned from a cruise with Ocean Village (sold by thomas cook) with my wife and 2 children 2 years and 7 months. Our cabin was a 4 berth with 2 bunk beds, i was going to sleep on upper bunk allowing my wife to have lower bunk and son (2 years) to have other lower bunk, our 7 month old obviously in a cot. When we arrived on board we where told that for saftey reasons the upper bunks could not be used when a cot is needed (i wont go into there reasoning cos we will be here all day).

I was then showed a brochure which stated 3rd and 4th beds can not be used in this cabin if a cot is required, i had to spend the week on the floor (not much floor space for a 6ft 4" in a tiny cabin, i spent most of the week in pain) as it was stated in the brocure is it for the agent or the tour opporator to make sure that these cabins are not sold to people with an infant???? they knew we needed a cot as we requested it and they supplied it. Has this been miss sold?

I have written to them 3 weeks ago and await a response.

Any help or advice is welcomed.

The Borg · 3rd November 2008, 10:35

Hi

TC seem to make it up as they go along, they have 28 days to reply, well thats what i have been told. I have been looking at loads of forums about TC and other TOs and its seems the devil is in the detail (small print to you and me). Seems like what you pay for is not always what you get, cant beleave they get away with it. Good luck and hope you get it sorted.

dietrichate · 4th November 2008, 16:55

I would really like to meet the joker at TC who comes up with these ridiculous "Health and Safety Regulations" I'd hazard a guess that he is on a bonus for the most ludicrous ideas and obstacles that he can come up with (see my earlier cancellation of a nile cruise problem)

I'll be interested to hear how you get on

fluffy25 · 5th December 2008, 10:37

HELP- Sent a court claim to thomas cook last week as they had not responded to 2 letters. I have today had a letter saying they intend to defend the whole claim amount!!! I rang and spoke to there solicitors and some jumped up little girl told me to drop this as I will not win against such a large company.

What will happen now? Will I have to attend court?

Thailand · 5th December 2008, 11:16

Quote:

Originally Posted by fluffy25

HELP- Sent a court claim to thomas cook last week as they had not responded to 2 letters. I have today had a letter saying they intend to defend the whole claim amount!!! I rang and spoke to there solicitors and some jumped up little girl told me to drop this as I will not win against such a large company. Well they would say that, all large companies are bullies and have little or no regard for morality or the law. Whatever happens I'd ignore her...and keep everything in writing from here on in....what's on paper is evidence, and keep everything.

What will happen now? Will I have to attend court?

Maybe. I don't want to sound rude, but that's always a possibility when you litigate, just as much as it is possible they will fold like a cheap deck of playing cards if they think your case is strong.

I don't understand how they can state those T&C's and then have you sleeping on the floor, isn't that a health and safety concern all in itself? Did you take pictures of the cabin?

I'm no expert here, but alot of companies try to scare you by stating they wil defend the whole claim and then go on to settle.

Can you give us any more details? What did you put in your particulars of claim?

fluffy25 · 5th December 2008, 15:22

just spoken to their solicitor to request a copy of a letter that was sent to me, they said a letter went out to me yesterday which is a 'personal response' I thought once it had gone to court they had to send letters to court and not me???

What do you think the letter will be?

Thailand · 5th December 2008, 15:40

Probably saing something along the lines of what they have told you over the phone, wanting to scare you away.

They can write to you and the court, and as you have wrote to them, it's ony right they give you an answer in writing to your complaint.

Well done for taking it to court.....we'll try and offer support where we can.

'Personal response' may also mean the letter is headed 'without prejudice' but don't worry abut that in the slightest.

Can you tell us what you said in the body of your claim?....how you worded your claim...

fluffy25 · 5th December 2008, 17:15

Quote:

Originally Posted by Thailand

Probably saing something along the lines of what they have told you over the phone, wanting to scare you away.

They can write to you and the court, and as you have wrote to them, it's ony right they give you an answer in writing to your complaint.

Well done for taking it to court.....we'll try and offer support where we can.

'Personal response' may also mean the letter is headed 'without prejudice' but don't worry abut that in the slightest.

Can you tell us what you said in the body of your claim?....how you worded your claim...

Hi, Thanks for your help so far, i never got a copy of the court paperwork!! but I based it on the 1st letter I sent to TC so I have pasted that below.

Dear Sir/Madam,

I wish to request a replacement cruise for that which I recently endured with my family aboard Ocean Village 2 (booking details enclosed) which was arranged for us by your Crosby branch in Liverpool. Unfortunately, your travel agent failed to stipulate that the cabin they had booked for us contained bunk beds which Ocean Village state in their literature 'for safety reasons, third/fourth (pull down) beds cannot be used if a cot is required' (the travel agent knew a cot was required because we requested one for our 6 month old baby). Consequently our cabin had just 2 usable beds for 3 people and as Mrs ***** is registered disabled and Mr ***** is 6ft 5" and 20 stone; neither could share with 2 year old **** therefore Mr ***** was confined to sleeping on the cabin floor for the duration of the trip as Ocean Village was unable to relocate us to an alternative cabin of a different configuration, it was at this point it was suggested to us by a member of Ocean Village management team that this holiday has been miss-sold to us.

This situation ruined our entire holiday for the whole family as Mr ***** (who suffers from a bad back) frequently groaned in pain in discomfort from sleeping on the floor, disturbing the rest of the family's sleep. We were too tired to participate in any of Ocean Village's trips and exhaustion forced us to retire to our cabin by 9pm most evenings. In its quest for rest, the family regularly slept during the day - missing meals and activities. Put simply, the holiday was more of an endurance test as a direct result of your company's booking of inadequate cruise accommodation (even though Thomas cook proclaim to be 'The Cruise Specialist'). Consequently we are now even more in need of a holiday than ever and look forward to receiving your offer of recompense within 28 days of this letter.

We have also been advised by consumer direct (trading standards) to file this claim with money claim online (Small Claims Court) the very day after the 28 day deadline set by ABTA. We have also been advised by ABTA to send this letter to you as the agent as it was miss-sold by Thomas Cook and not by the tour operator (Ocean Village).

Yours

Thailand · 5th December 2008, 20:15

If you filed at court, you should have been given a copy. If you filed at MCOL, I forget, but you should have access to it or will be forwarded a copy.

Either way, just let us know of any communications you get from the court. If they defend, I think you will be sent an allocation questionare and we can take it from there.

fluffy25 · 5th December 2008, 22:12

Quote:

Originally Posted by Thailand

If you filed at court, you should have been given a copy. If you filed at MCOL, I forget, but you should have access to it or will be forwarded a copy.

Either way, just let us know of any communications you get from the court. If they defend, I think you will be sent an allocation questionare and we can take it from there.

Ok thats great, will keep you updated.

Thanks for your help thus far.

fluffy25 · 12th December 2008, 16:26

Just got this email from Thomas Cook Solicitor!!!

We write further to the above.

Please note that the author is now dealing with this matter at the above address. Please address all future correspondence to this office quoting the reference as shown above.

We are in receipt of your Particulars of Claim and have taken this opportunity to review all the correspondence that has passed between you and our Customer Relations department and reassess the matter. Whilst we are confident in our ability to defend the claim, we feel that it would be a prudent decision to make an attempt to bring this matter to an amicable conclusion. We would, therefore, propose an offer of settlement in order that this matter may be concluded without further recourse to the Liverpool County Court.

Whilst not wishing to appear unsympathetic, we cannot agree that the amount claimed is justified. However, in an effort to conclude matters, we would like to offer a gesture of goodwill in the sum of £50.00, plus a refund of your court fee. Please be advised that this is offered in full and final settlement of all claims relating to this individual booking.

We trust that you will give this offer your positive consideration and would be obliged to learn of your decision, in writing, within 14 days of the date of this letter so that we may proceed accordingly.

In the event that our offer is rejected kindly disclose all photographic and/or video footage taken by your party during the holiday. We hereby give our undertaking not to dispose of or destroy the same and to hold them to your order. If necessary, we will reimburse you for additional prints or copies thereof on production of appropriate receipts. We also confirm that this relates to ALL photographs and video footage taken during the holiday by your party and not simply those that may illustrate your complaints.

We would advise that in the event of non-disclosure of the above within 14 days, we shall consider making an application to the Court to obtain an Order for their disclosure, in accordance with the ruling in Henley -v- Cosmosair plc (unreported) January 9, 1995 Brighton CC, the costs of which we will request shall be yours.

Given that you are claiming that your holiday provided no benefit or enjoyment we would need sight of such documents as requested above, to allow us to reconsider our stance in the matter.

We wait to hear from you in due course.

Yours sincerely

Are they trying to say that if they see us smiling in a picture we got some enjoyment out of our holiday?

Thailand · 12th December 2008, 18:40

Hmmm, just an opinion here fluffy, but they sound on the run to me. Any company that is truely confident of winning would offer you nowt. They want to see what dirt you have on them, and I feel they are testing you to see if you do. I think they can apply to see it (if you have it and are planning to use it) or you could just forward it if you think it would be a bargaining chip? Do you have any pics?, I think before we carry on we need to know that first.

fluffy25 · 12th December 2008, 19:30

I see what they are after now, we don't have pictures of the room etc but they would be irrelevant as our case is that although the room was a 4 berth it contained bunk beds (this is provable by us giving the cabin number to the court) we had it pointed out to us when we got on-board ship that we couldn't use the pull down beds when a cot is required (for saftey reasons, and also the cot space is where the ladder for the upper bed goes) this is stated in the brochure and is also told to booking agents. The solicitor has asked us who we spoke to in the store we booked and they have informed me that they have written to that store for there take on the matter.

Thailand · 13th December 2008, 12:12

Exactly.

All the evidence you need is the booking form as I see it. If it was me I'd write back to TC making no mention of the pictures and let them sweat on it, and see if their pathetic offer increases....most companies will try their best to try it on, and then slowy improve the offer up until the claim amount if they believe they will lose. They just won't cough up straight away, that's the game.

Edit: I'd state that I was rejecting their offer, as it is not a replacement cruise as required.

fluffy25 · 13th December 2008, 13:51

Thanks for that,

Have just emailed to say thanks but no thanks (pointing out the health and safety issues of putting us in a unsafe cabin)! I also said that I agree we should avoid court but are prepared to go if pushed. I teased them by saying we will settle for £1000 if settled by end of next week!!! Failing that it will be full amount of £1425.

I hope that will work cos the money b4 xmas would be good.

Cheers for your help and will keep you posted.

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