Hi All, just want to let you know my recent experience with Thomas Cook.
I had a 2 week holiday last two weeks of July to Majorca. The rom we we allocated was really grubby,dirty and had bare electrical wireing. After complaining to the rep we were told we could move in 3.5 days. We had to stay in this room and couldnt use the fidge, cuttelry, plates etc.
We complained to thomas cook when we got home about the conditions, I got a response 28 days later stating that "when you book a thomas cook holiday you agree to the terms and conditions - which state an in resort complaint form must be filled in, there fore no compensation can be given".
Luckily I remembered we were handed a Resort booklet about Majorca in resort at the rep meeting. I had kept this and in this booklet it stated in Black and white that if you had a complaint, write to us when you get home. there was no mention of the form.
I wrote to thomas cook explaining this and got the We need more time to investigate letter. After 28 days I recieved no response, so I filed small claims action against TC on 17th Oct.
Yesterday I got a phonecall from the TC legal dept offering to settle out of court, they started to offer £161. After a few minutes of negotiating we agreed at £350.
A cheque is now in the post to me. This proves that the in resort form may not be a case shut situation if it is not filled in.
Sorry for the ramble just giving you guys some information. let me know what you think about this
Thanks for telling us,we were under the impression that a complaints form has to be completed in resort,no doubt lots more people thought the same.It is definitely worth remembering as we are booked with Thomas Cook for next year.
I'd be careful here as TC, by printing and handing out the leaflet, have dropped a big boo boo which they are now aware of. It's in their, and the customers interests to sort these problems out in resort. I wouldn't be surprised if these booklets will soon be withdrawn or reprinted.
The whole idea of a complaints form in resort is to give them the chance 'to put things right in resort' and obviously for both parties to have a record of the complaint. Otherwise, customers could wait until they returned home and then claim for all sorts of 'none existent' problems without TC having a leg to stand on.
I would always suggest, regardless of the booklet, to fill in a complaints form just to be on the safe side.
Well done though allymc316 for spotting this and taking the steps you did
The whole idea of a complaints form in resort is to give them the chance 'to put things right in resort' and obviously for both parties to have a record of the complaint. Otherwise, customers could wait until they returned home and then claim for all sorts of 'none existent' problems without TC having a leg to stand on.
I would always suggest, regardless of the booklet, to fill in a complaints form just to be on the safe side.
Well done though allymc316 for spotting this and taking the steps you did
Yes, definatly get the in resort complaint form filled in. I did not know about this untill the letter from TC. I did take photos to back up all of my claims and they acknowledged I contacted the reps in resort.
I have learned that this form is needed but I cant help but feel that TC would have found some other reason not to pay compensation.
Seems to be they dont take you seriously until the court starts to ask the questions for you
I have learned that this form is needed but I cant help but feel that TC would have found some other reason not to pay compensation.
Seems to be they dont take you seriously until the court starts to ask the questions for you
I'd be wary about negotiating or even complaining on the phone unless you can record the call (I bet they do!). If you actualy end up in a court they like you to have proof that you have tried to sort it out before you get there.
The courts will also expect you to make some effort to get it sorted in the resort but they may not feel it absolutely necessary to fill in a form. What if the rep (or lack of!) is the problem and you can't get a form? I think TC may have realised that since the rep eventually got you moved they have acknowledged the complaint in the resort and are on dodgy ground. Generalised T&Cs in consumer contracts are not always legally binding even if you sign the contract - they can be dismissed by a court that feels it gives the company an unfair advantage.
The courts will also expect you to make some effort to get it sorted in the resort but they may not feel it absolutely necessary to fill in a form. What if the rep (or lack of!) is the problem and you can't get a form? I think TC may have realised that since the rep eventually got you moved they have acknowledged the complaint in the resort and are on dodgy ground. Generalised T&Cs in consumer contracts are not always legally binding even if you sign the contract - they can be dismissed by a court that feels it gives the company an unfair advantage.
The courts will also expect you to make some effort to get it sorted in the resort but they may not feel it absolutely necessary to fill in a form. What if the rep (or lack of!) is the problem and you can't get a form?
What Ros usually advises if you can't get hold of a rep is to record all the evidence and if other customers are involved to swap names and addresses in order to back each other up.
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