Thread: Thomas Cook Cruise Problems

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.

Similar Threads:

• Thomas cook last minute cancellation of our cruise
• Thomas Cook
• Can Thomas Cook do this?
• Thomas Cook
• Need Advice! Thomas Cook Problems

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.

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

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?

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?

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?

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...

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.

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.

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?

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.

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.

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.

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.