Thomson Complaint

[Ashley3283]

Hi,

Hopefully someone will be able to help me, I'll try and keep it as short as I can.

We booked a skiing trip for 2 via a Thomson shop scheduled to fly out of Stansted airport at 15:30 on 09/01/10, due to bad weather at Chambery airport the flight was cancelled. We were put in a hotel at Stansted airport where we were finally offered something to eat and drink at 20:00.

We received notification at 08:30 on the 10th that we would be flying into Turin airport at 12:00, this was later changed to Milan Malpensa as there were not enough coaches to accomodate a full 767.

We took off at 12:43 and when we arrived at Milan the only Rep to be found was unaware we were flying to Milan. Anyway we managed to get onto a coach which was to take us to Chambery and after about an hour waiting on the coach we left for our 4 hour journey.

We stopped on route at a small petrol station for 20 minutes where we could get something to eat and use the toilets but as you can imaging 3 single and 1 double decker coaches the queues were horrendous so we decided to use the toilet over getting something to eat.

When we arrived at Chambery (approx 22:00 local time) there were only 3 reps there, again oblivious we were travelling there and as such no onward transfers were available. The only means of getting any refreshments were via vending machines but neither of us had any change and none of the machine accepted notes so still nothing to eat or drink since 06:00.

As there were no transfers available we were told to arrange our own tranfers to resort so I got my wife at home to google transfer/taxi companies, we eventually got a cab at approx. midnight and arrived in resort just after 01:00 on the 11th. (Cab cost refunded in resort)

There were no shops open at this time and still not eaten or drank since 06:00 we decided to boil some tap water to have a drink. Unfortunatley this and the fact we had not eaten made us both feel unwell and as a consiquence we unable to sleep at all that night and were only able to ski for an hour on Monday and about 3 hours on Tuesday.

We also booked through the rep to go Ski-Dooing for an hour at a cost of €110, which we only got 45 mins (35 minutes actual driving time) so we challenged the rep the next day who then spoke to the Ski-Doo operator who came back and said we completed the circuit too quickly and it should have taken an hour, bearing in mind that we were following a guide (Controlling our speed) and neither of us have used them before and both recieved minimual training due to the fact he could not speak english, I find this highly unlikely!

Finally on the last day before checking out I cut my leg on a screw that was coming through the wall from the bathroom.

All in all it was a very dissappointing trip and we only managed to get 3 full days skiing out of 6.

Do you think we have grounds for complaint and a valid compensation claim?

 

Again, apologies for the length of this post but I wanted to cover everything.

 

Regards

[legalpickle]

Hi Ashley,

 

Can you please break down your issue into paragraphs, and list everything that had been booked, dates, times, locations.... You've seen the way I work in sexyfufu's thread.

 

I need to know everything before I give advice.

 

I personally loathe Thomson with a passion, but they will make your life VERY difficult and are (together with the rest of the TUI group) the WORST travel "company" on the face of this planet! (And I say that having heard some pretty bad nightmares about other companies!)

 

legalpickle

[Ashley3283]

Hi Ashley,

Can you please break down your issue into paragraphs, and list everything that had been booked, dates, times, locations.... You've seen the way I work in sexyfufu's thread.

I need to know everything before I give advice.

I personally loathe Thomson with a passion, but they will make your life VERY difficult and are (together with the rest of the TUI group) the WORST travel "company" on the face of this planet! (And I say that having heard some pretty bad nightmares about other companies!)

legalpickle

Legalpickle,

Thanks for coming back to me, here goes.

On 4th October we booked our holiday in the Thomson shop in Chelmsford. I paid my half of the deposit on my MBNA credit card (£76.88) and my friend paid his half on his Lloyds TSB debit card (£75.00). I can't remember how I paid for the rest (I'm sure it was on my debit card but cannot find my statement). At the time of booking we were told that the flight included a meal and as such we were asked if we had any dietary requirements.

We arrived at Stansted airport on 9th January and checked in at approximately 14:00 (Flight time 15:25), at which point we were not told of any delays (despite them knowing as the flight scheduled for 09:00 had still not taken off). We went through to the departure lounge at approx. 14:35 and went straight to the gate (via the train) at which point we were told about the indefinite delays due to adverse weather at Chambery airport. We waited at the gate until approx. 17:30 (as we could not return to the terminal building) where we told that a coach would be collecting us and taking us to the Radisson hotel.

After we collected our luggage, we checked into the hotel and were told we would be given something to eat at 20:00. The next day we went down for breakfast when it opened at 06:00. We were told at 08:30 that we would be flying into Turin airport at 12:00, which was shortly changed to Milan Milpensa due to their not being enough coaches at Turin.

We decided not to get anything to eat before our flight, due to the high costs at the airport and the fact that we were going to be provided with food on the flight. We checked into the new flight and took off at 12:48 (10th January), we were not provided with a meal as promised when we booked the holiday.

We landed at Milan Milpensa at just after 15:00 (14:00 GMT) where we managed to find a Thomson (Crystal Ski) Rep who was unaware that we were on our way to Milan and as such was not able to point us in the right direction to get the coach. We managed to find the coach arranged by Titan airways and finally departed at about 16:15.

After approx. 2 hours we stopped at a small petrol station where we were told we had 20 minutes to go to the toilet etc. There were about 260 people on the 4 coaches coming from Milan and as such we spent the whole 20 mins queuing to use the toilet and were unable to purchase any food or drink.

We arrived at Chambery approx. 20:30 (After passing our resort on the way there!) where there were 3 Crystal Ski reps, again unaware we were on our way. As the airport had been inoperable all day the only thing that was open at Chambery was the front doors and again we were unable to get anything to eat or drink.

We were told that there were no coaches available and to wait for further information. We waited until approx. 21:15 where there was an announcement saying that they have been able to arrange transfers for 4 families and to bear with them whilst they tried to book transfers for other passengers on a resort basis.

About 22:00 there was another announcement saying that they have not been able to arrange any further transfers but if any one wanted to arrange their own they would be reimbursed.

I called my partner who was at home who Googled private transfer companies in the Chambery region. I then called a company who said they would be there in about 90 mins. They arrived at 23:45, we paid them before we left and arrived at our resort at 01:00 (11th January).

Due to the hunger, tiredness and the fact that we were unable to secure our apartment (The keys were not available as reception was closed) we got a minimal amount of sleep that night and as a consequence only managed to ski for 1-2 hours on the Monday. This continued to impact on our ability to ski on Tuesday.

On Monday evening when the rep visited our apartment we arranged to hire two Snow Mobiles via the Crystal representative at a cost of €110 for an hour at 20:00. We were picked up as promised at 19:30 outside the reception who took us to a village about ten minutes away. We filled out the relevant disclaimer paperwork and were given a crash helmet each, neither of which fitted correctly. We were then told to wait at the bottom of the slopes for five minutes until the other group came back.

We waited there for ten minutes but no one had turned up, we went back to the porta-cabin to check that we were waiting in the correct area, which we were. We continued to wait outside in minus zero temperatures for another twenty minutes when they finally arrived.

The guide only spoke minimal English which made the process of learning the controls and operating the vehicle safely very difficult. Whilst out we stopped for around ten minutes where we were offered a drink, which we both accepted. I am not sure what the drink was but it was a high strength spirit which we both poured away when he wasn’t looking, he continued to drink a large amount of this alcohol.

After forty-five minutes since departing we arrived back at the set off point where the guide switched our machines off and pointed at the porta-cabin indicating that our time was over. We tried to explain that we had paid for an hour but only had forty-five minutes (thirty-five minutes excluding the ten minutes we were not driving them) but due to the language barriers we unable to communicate this to him.

Once we had handed back our un-fit for purpose helmets we were told to wait outside for fifteen minutes where we would be dropped back at our hotel.

Ten minutes later the same guide took us back in his private car, he had consumed a considerable amount of alcohol, was not wearing a seatbelt and was driving like an absolute maniac, overtaking cars on narrow mountain roads which were both icy and unlit.

The next day we spoke with your representative who said she would speak to them regarding the amount of time we had on the vehicles, which she did and came back to us on Friday. She stated that the guide said we had completed the circuit in thirty minutes which should have taken an hour, which, I find highly unlikely as neither of us have used them before and both had received inadequate training.

In our apartment we had a separate room for the toilet and bath, there was a screw coming from the bathroom, through the wall and into the toilet sticking out about 3-4mm. I did not notice this until it put a hole in my jeans and cut my leg.

All in all this holiday was a disaster and whilst we did enjoy 3 full days skiing, we paid for 6! I would have been happy if Thomson had of provided us with food and drink and had arranged transfers to the resorts from Milan (They had 7 hours to do this) this way we would have only lost 1 days skiing.

I gesture of goodwill they refunded €18 each for the lift pass (Albeit we paid £155 each for 6 days so the refund should have been €28 each)

Obviously I would like to claim back the full cost of the holiday but realistically I think the below is reasonable.

• £256 (4/7 of the cost of the holiday for the delayed departure and the 3 days skiing we missed)
  
• £120 (4/7 of the cost of the room supplements we had to pay)
  
• £119 (1/2 of the cost of the lift passes minus the €36 we have already been refunded)
  
• €110 (Full cost of the Ski-Doo's)
  
• £50 (Replacement Jeans)
  
• £15 (Estimated cost of phone calls at Chambery airport)
  
• £150 (Compensation for the damage caused by the poorly maintained room & stress caused by the whole experience)
  
• €48 (1/2 the cost of ski & boot hire)
  
• £20 (4/7 the cost of travel insurance
  

I make this approx £880.

Since my first post I have written to Thomson to complain (attached) which was delivered on 22nd January.

Thanks for any help anyone can give me.

Thomson Complaint.rtf

[legalpickle]

Rule number 1 if I am trying to assist you. Do not write letters till I have vetted them. Your letter is not written well, and is unlikely to assist you. I understand that you hadn't received a response, but 4 days isn't a long time when the case is not urgently pressing, so please be patient!

 

Before I advise please answer these questions:

1) The Crystal rep worked for Thomson or Crystal?

2) The booking was in your name or your friend's name?

3) Did you pay monies to the Crystal rep by credit card, debit card or cash? (If debit card: VISA/VISA Electron or other?)

 

The reason I ask the former question is because if the rep was working for Crystal, any amounts paid to the rep would have been a contract between you and Crystal, not Thomson, and they can't be held liable for those payments.

[Ashley3283]

Rule number 1 if I am trying to assist you. Do not write letters till I have vetted them. Your letter is not written well, and is unlikely to assist you. I understand that you hadn't received a response, but 4 days isn't a long time when the case is not urgently pressing, so please be patient!

 

Ok, I will not do this again!

 

Before I advise please answer these questions:

1) The Crystal rep worked for Thomson or Crystal?

2) The booking was in your name or your friend's name?

3) Did you pay monies to the Crystal rep by credit card, debit card or cash? (If debit card: VISA/VISA Electron or other?)

 

1) The rep worked for Crystal, which I believe is part of TUI if that helps

2) The booking was in my name

3) The payment was in cash

 

Again any help you could give I would be very grateful for.

[legalpickle]

1) The rep worked for Crystal, which I believe is part of TUI if that helps

2) The booking was in my name

3) The payment was in cash

 

Again any help you could give I would be very grateful for.

I've just checked and Crystal Ski is a division of TUI Travel plc but Thomson Holidays is a division of TUI UK Limited.

 

Your receipt from Thomson's travel shop should state the name of the company - the exact name is what's needed. Please advise?

 

Did you get a receipt from Crystal? If yes, what - exact - company name does it state?

 

Whether or not they are linked is not legally relevant. There will probably be different company names, so who you can sue is limited to this. Also there is a good chance that the resort in Italy will be owned by an Italian company, which will be a subsidiary of TUI Travel plc. This means that for monies paid directly to the Italian subsidiary, you can only sue them.

 

Let me explain the difference. If the company you paid is a "division", this usually means it is - for example, something like: TUI Travel plc t/a Crystal Ski or Barclays Bank plc t/a Barclaycard - in which case you can sue the company before the 't/a'.

 

But if they are a separate company - usually for tax purposes - or "subsidiary" they will be their own limited or plc company. For example: TUI UK Limited is probably owned by TUI Travel plc but you can't sue TUI Travel plc for monies paid to TUI UK Limited and vice-versa.

 

So the first thing we need to ascertain is which companies are liable for which parts.

 

I need you to do that research and then:

 

Break down EVERYTHING you wrote above - after I asked you for a breakdown - including exact dates (not saying 2 days later, but this was 10th October, this 12th October and so on...). Also include in this the amounts paid and to which company each amount was paid.

 

Due to the Sabbath coming in at 4:30 and my still having other things to do, I won't be able to look at this today. Will try to pop in Saturday night or Sunday if you post before then, and try to advise further.

[Ashley3283]

On my reciept from Thomson it shows the following amounts

£968.00 to Thomson Ski, L&M (I believe L&M stands for Lakes & Mountains)

£1.88 to TUI UK (This was the charge for using my credit card to pay my half of the £150 deposit)

Total Cost £696.88

Today's Agent Saving -£45.48

Total Travel Cost £924.40

 

On the Covering letter which my reciept came with it has Thomson Ski at the top and Thomson Ski is a division of TUI UK Ltd.

In addition to the Lakes & Mountains, I have researched online quoting the Thomsonski website "Thomson Lakes & Mountains is a part of TUI Travel PLC, offering lake holidays, mountain holidays etc."

 

The resort was in France and the accomodation was called La Fontaine Du Roi which is owned by Madame Vacances by Eurogroup I cannot see any link to TUI.

 

Full Breakdown of monies paid to Thomson

4th October £76.88 by MBNA Visa card

4th October £75.00 by Lloyds TSB Visa Debit

10th October £386.26 by Barclays Visa Debit

17th October £386.26 by Lloyds TSB Visa Debit

 

For Ski-Dooing (No reciept was given)

11th January €110 by cash to Crystal Ski

There were 2 Crystal Ski reps present (Sarah Anderson & Rebecca ....)

 

I think I have covered everything you have asked for, but if not then let me know and I'll post it.

 

Thanks

[Ashley3283]

I have still had no reply to my letter, can anyone advise me what to do?

[legalpickle]

I have still had no reply to my letter, can anyone advise me what to do?

Sorry. Been MAD busy. Will deal with a response to you tonight or tomorrow night.

[legalpickle]

Not forgotten. Composing a response. May have to wait till Saturday night as the Sabbath comes in at 4:58.

[Ashley3283]

Just an update. I have finally had an acknowledgment of my letter despite requesting one within 14 days.

Letter said they are investigating the points I have raised and will write again within 28 days. Presumably from the date of their letter?

[legalpickle]

Ashley,

 

Apologies for the delay in responding. I've been swamped with work.

 

I believe you have a claim. However, the amounts you paid to Crystal would not be claimable from TUI. You may want to include them in your claim - if you issue - but that part would be iffy and may fail if it reaches hearing.

 

Regarding preparing a Final LBA, I suggest you re-read sexyfufu's thread, and draft an LBA based on my one there. As with that claim, MBNA Europe Bank Limited would be jointly and severally liable for your claim.

 

I cannot commit at the moment to assisting you with a court claim, because I am so swamped and do not want to disappoint further, but will do my best.

 

Good Luck,

legalpickle