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Hi, I've been following kirkys thread with interest and although there are similarities i don't know how proceed with my claim.
A very abriged version is:-
July 2005 I went on honeymoon to Kenya and the Seychelles, all was wonderful until we arrived at Nairobi airport to fly to the seychelles where 9 of us we were told the flight had been overbooked and we would have to wait in Nairobi for 4 days before the next available flight - which would leave us with 2 days in the seychelles before returning home ;-(
After 12 hours of fruitless compaining I took matters into my own hands and found an alternative flight via dubai that got us there within 2 days, which the airline would not pay for until a staff change when the new supervisor agreed.
I have asked for a refund of all expenditure in Dubai, an alternative transfer from the mainland to our island once in the Seychelles & compensation.
After 18 months of phone calls and emails i have finally received a derisory offer as full settlement (cheque recived but not cashed) I know i should reject this and threaten court action but this is where i get confused.
I booked through Go Easy Travel who Used Somak who booked us on flights with Air Kenya. It is Somak who have offered us the settlement but i'm unsure whom I should be threatening with the court action and also where in the process to start given I've sent none of your suggested correspondance yet, and I've set no amounts on what I want other than to send receipts??
Any advice on what direction to go in would be brilliant, should i be claiming a full refund as in Kirys case???
Hi, sorry to hear of you bad experience, I will try and help where possible.
Go Easy Tvl are the agent woring on behalf of you nd Somak, they should be fronting the complaint on your behalf. Your complaint lies with Somak, being the Tour Operator. Is the agent aware of your complaint? If not you need to tell them straight away. They work hard on your behalf to get what you deserve, and are the powers that be so to speak!
Hope this answers your question, if you need any more help, please shout!
Heidi
I am not a legal expert, any advice I give is based purley on experience or opinion.
Please tip the scales if you feel I have helped you!!
Go Easy are aware of my complaint but have just paid lip service to it really. As i'm in the need of the money i'm going to cash the cheque sent by Somak as a 'final settlement' but send tham a letter stating it will only be accepted as partial payment and i'm going to claim my holiday cost in full pluss compensation in the form of a modified lba from the CAG library, can i do this?
Also I doubt very much that you will get the holiday cost in full, as you will have had some benefit from the holiday and what you have had will need to be taken into account. You say "all was wonderful" in Kenya; well this will have to be taken into account as you have had some benefit from the holiday and you can't expect to claim for this part.
However, you can add an amount to your claim for loss of enjoyment, as courts will often award this in holiday cases. This amount should be reasonable - the judge will not be impressed if you try to claim a disproportionate amount.
Please note I'm not insured in this capacity, so if you need to, do get official legal advice.
Seems like these companies have really given you the runaround?? Don't use the voucher keep a copy of it and send it back.
This needs specialist help and the best place to get it is at
Home - holiday Travel Watch they are a consumer action group very similar to this one - only they deal in Holiday/Travel problems etc.. their telephone num,ber is 0121 747 8100 it's often an answerphone - so leave your details and they do call you back very soon. (their help is FREE too) I am sure there is room to email these people in the website too.
These people will help you to sort it out etc.. - just cause you were fobbed off with a voucher - doesn't mean it's the best you can get in refund etc.. let these people help you sort it out etc.. whether the problem was flights, foods, accomodation other services, illnesses, accidents etc.. these people can help you.
I had picked up a serious illness while abroad in 2004 - these people helped me to successfully deal with the Tour Operators and win my case.
Don't cash it! If you do, you are deemed to have accepted the full settlement, sorry.
You can cash the cheque, just endorse the back of it with the following "cheque accepted as part settlement". Make a copy of both sides and make sure you write to inform them that you are accepting it as a part offer and you shall be taking further action to recover what you believe to be deserved etc.
You would need to ensure you had given them notice that you were prepared to accept it as part payment, and allowed them time to refuse this counter-offer.
Simply banking it with that term written on it would not be enough.
Please note I'm not insured in this capacity, so if you need to, do get official legal advice.
You would need to ensure you had given them notice that you were prepared to accept it as part payment, and allowed them time to refuse this counter-offer.
Simply banking it with that term written on it would not be enough.
Actually it would be sufficient, if they wanted to withdraw the offer, then all you need do is refund that amount. And it would be highly unlikely that they would withdraw it.
Hmm I would be very wary of this based on previous case law (one recent example being Bracken and another v Billinghurst), I would tend to advise that it's better to be safe than sorry.
Please note I'm not insured in this capacity, so if you need to, do get official legal advice.
If you taken the time to actually read Bracken and Another v Billinghurst, you wil note that had they cashed the cheque immediatley and also notified the other party of their intentions as to part settlement, then this would have satisfied the court.
I stand by my opinion in my 1st post on this subject, that to cash the cheque suitably endorsed and to notify in writing as to acceptance of part settlement, is indeed ok to do. However time is of the essence in all such cases.
Time is indeed of the essence and in this case the cheque clearly hadn't been immediately cashed.
I am fully aware of the case and others as they are in my civil folder that I work with every day, I brought this up as the relevant case to the OP's situation.
If you wish to accept as part payment there are certain actions you need to follow immediately and then argue it in court if necessary. The OP had already been holding on to the cheque when they posted so the case quoted would be relevant.
Please note I'm not insured in this capacity, so if you need to, do get official legal advice.
You may be aware of the case, however my original posting still stands as I was replying to Bookworms post, whereby he said not to cash it as that would be deemed acceptance. I was making the point that one can endorse a cheque and cash it and notify the other party that you are accepting it as part settlement only.
Anyway I don't have time for your petty arguments.
take a look at my thread honeymoon from hell, i put a good deal of info on there which may be of use to you
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Honeymoon problems
and although there are similarities i don't know how proceed with my claim.
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Sorry, Heidi.
ok ok, its been a long day already!! 
Originally Posted by Ruud
