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Can you tell us the name of the ship and tour operator. How did Which and the BBC get involved? In any interview quoting any legal conventions is dangerous. You only do that when YOUR OWN legal adviser tells you. Typical BBC to let you dig the holes to sex up a story.
I would get some legal advice before going any further. Contact Citizens Advice costs nothing does your insurance home or travel cover for legal ADVICE?
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We’ve been in touch with CAB who advised going through ABTAs process to get to the point I’m at now. They also advised a couple of regulations that in their opinion the TO have breached and think we have a case.
Thr BBC abd which got in touch after we complained publicly on twitter to the company. The BBC haven’t given the advice, they’ve contacted an expert (I’m told) in the travel industry as part of the programme to give advice to others who may experience similar issues to us. This wasn’t mentioned in the interview, but advised afterwards.
Mourning dispute is with TUI.
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Tui disputes are arbitrated via Resolver. I am in Spain at present and return on Monday
I will post full details when I return.
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If you follow this link to the Martin Lewis website it will give you all the informtion about Resolver and as it says it does not prevent you from taking the matter to court if the arbitration fails.

https://www.moneysavingexpert.com/site/resolver/
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Ref ABTA Arbitration Scheme. You need to be aware of and consider the following points.


If you lose your case you will be liable for the costs of the tour operator, and you will be bound by the arbitrator’s decision and will
not be able to take your case into a court or other forum.

You should also be aware of the fact that if you disagree with the decision, you are bound by Arbitration and cannot progress it elsewhere
except through an appeal through the scheme or if you believe that the
Arbitration was flawed, through the High Court on a Judicial Review.

The only cost via Resolver
is a fee of £25.00 should the arbitrator not find in your favour, should that happen you are still able to persue your claim through the small claims court unlike ABTA.

Before you progress this any further you really do need to consider just how much the claim is worth. If your insurer has reimbursed you (less any excess) just how much are you out of pocket? If you are/were claiming for a designer wardrobe worth many thousands then perhaps you might have a case but sometimes you need to draw a line under the whole thing. As I have pointed out going via the ABTA scheme you could be liable for the TOs costs and they do tend to employ rather expensive legal council - can you afford or are prepared for that aventuality?
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