Thomson Holiday - Can you please advise?

[Stained Glass]

We booked a Thomson Package Holiday for December 2007. Later the same day we discovered by chance that the flight element (actually operated by First Choice Airlines) was around 9 hours later than quoted, returning, in fact, in the early hours of the next day.

Thomson would not admit their flight timing was incorrect until four months later and will not agree to a refund of our deposit, saying that the flight time is within the 12 hour limit we agreed to in their conditions.

All the letters we have written to them have met with inappropriate and unhelpful replies. In our last letter we threatened action in the Small Claims Court, but their usual bland reply didn't even refer to this.

We have no experience of the Small Claims Court and don't even know if we have a case. We would be very grateful for any advice.

Hi there Stained Glass, I am a commercial litigation solicitor with experience in consumer law. Very often travel companies will have signed up to ABTA which is very like the FSA and the Law Society. The travel companies sign up to abide to certain regulations. There are statutory provisions for package holidays and when I return to work on Monday I'll give you the exact regulation to refer them to. Travel companies and shops will not respond to consumers until they receive a solicitor's letter or one worded accordingly.

[Stained Glass]

Legallyblonde25
We would be very grateful if you could do this. We did speak to Consumer Direct and they told us to refer them to the Package Travel Regulations, which we did. It had no effect - they didn't even mention it in their reply.

[legallyblonde25]

Yes, very often the regulations only really hold weight when in a solicitor's letter. I think you should write them one final letter indicating that they are in breach of the ABTA code 1.1 with respect to booking procedures. In addition they have misrepresented the contract to you and it is therefore voidable. If you do not receive a full refund within 7 days receipt of the letter you will refer the matter to the ABTA dispute resolution arbitration which failing a solicitor who will be instructed in relation to their breach of contract to claim damages, expenses together with interest. Send the letter recorded delivery and let me know how you get on. Also let them know in the event of litigation your letter will be founded upon.

[Stained Glass]

Originally Posted by legallyblonde25

Yes, very often the regulations only really hold weight when in a solicitor's letter. I think you should write them one final letter indicating that they are in breach of the ABTA code 1.1 with respect to booking procedures. In addition they have misrepresented the contract to you and it is therefore voidable. If you do not receive a full refund within 7 days receipt of the letter you will refer the matter to the ABTA dispute resolution arbitration which failing a solicitor who will be instructed in relation to their breach of contract to claim damages, expenses together with interest. Send the letter recorded delivery and let me know how you get on. Also let them know in the event of litigation your letter will be founded upon.

legallyblonde25, thank you very much for this.