Holiday Complaints

Do you have a holiday complaint? For help and advice post in here.
God that sounds awful - maybe Ros can offer you some free advice, her details are as follows:

FREE legal advice available from Ros Fernihough.
Author of Safe and Sound - FREE Download From Here.
Call 01922 621114

Good luck!

We suffered a similar problem in Sharm el Sheik two years ago. My daughter, then aged 12 was approached "for sex" in her (locked) bedroom by a member of the hotel staff. Libra holidays were unapologetic. We were not given any help or advice in resort. We were told by the hotel management that the guy had been dealt with and that the matter had been reported to the police. On arrival home Libra said they had done all they could to help and asked why we had not reported it to the police!! Basically we were told to sod off!!! After numerous complaints to various agencies we decided in my daughter's best interests to drop it. Luckily she was not harmed, just very shaken and upset. I hope you manage better than us.
Basically Thomas Cook has offered me £250 compensation ! It doesn't even cover my legal costs. The insurance company can't or won't help.. I think it's safe to say we won't be returning to Sharm. The rep told us two weeks before we arrived a 12 year old girl has been assaulted too ! what i would like to know is why are the holiday companies still using these hotels ????
What was the name of th hotel you stayed at. I do think thomas cook have some reponsibility if they knew of an earlier attack and took no action. The trouble is it happened egypt and you are in the UK and women don't have a lot of rights under egypt/islamic law. I would take the line with thomas cook that they knew there was a problem and didn't take any steps to protect future clients and and did not warn clients of that there was a problem. Thomas cook should of contacted the police on your behalf as they are your repreesntatives in the country and helped you with your complaint to the police. I think its a usual reps attitude all the paper work invovled, I will try not to get invovled. The thing to do in these circumstances is call the thomas office and talk to the managers of the resort and failing that call thomas in the UK or get a relative here to contact thomas cook. I think thomas cook should take reponsibility for what happened. If you feel up to it contact the UK press thomas cook wouldn't like the bad publicity. You never know other might come forward.
If you feel up to it contact the UK press

If all else fails I agree with Mike on the above. No large company like that is going to like such bad publicity. Your case seems to have been handled very badly
I contacted watch dog and other papers........ it has made me so angry. I think when something like this happens everyone runs for the hills.

I have been so stressed out since my return to the UK i have had a month off work and been to a counsellor. Thomas have just sent a letter saying " in our reps opinion there was no problems in the Laguna Vista hotel.
When you go on holiday you have to trust the tour operator and the reps to protect you and give you all the relevant information. It appears that they were asleep on the job on ths one. Keep pushing and don't let it go. Getting assaulted certain is a problem....and I'll bet they haven't warned other visitors to the hotel.

Good luck

can I ask , was it at the Laguna Vista ?
No it was at the Sharming Inn. There were various problems with the same chap harrassing other guests, flashing etc. It was a complete nightmare!!! Luckily no-one was seriously hurt, but it seems as if this is a hazard of travelling to Egypt!!
Good luck with your case.
Yes good luck! I hope you shame them :!:
Hi Marce

My sympathies go out to you, for what must have been a distressing incident.

When you book a holiday, you enter into a contract with the tour operator; Part of that contract is to protect you.

As this incident happened with their control, i.e. within the hotel, they, the tour operator have failed within that contract to protect you.

If you have written correspondence regarding this incident, & have submitted it to the tour operator, they have a duty to acknowledge your complaint.

If you do not believe you are making any further progress, it depends on how strong you feel , but if I were in your shoes, I would sue the tour operator for breach of contract.

When you sue for breach of contract, part of you claim should be for loss of enjoyment, So if you were booked for 14 days at the hotel, & this incident happened on day 3, part of your claim would be for 11 days loss of enjoyment.

Any evidence that you can obtain will be towards your advantage, i.e., character reference from your employer, or priest, etc, also any medical reports from your GP or hospital regarding your treatment.

Why don't you speak to the small claims court in your area for further advice?

Trust this is of some use to you.

Thank you for all your advice, I have now taken the case away from my lawyer and I am going to deal with it myself ! I now feel soooo angry I will make Thomas Cook pay for what happened to me.

According to them , they say they are not responsible for hotel employees ?? :?

The AXA insurance won't take it on because they say it's not in my best interest !

Going on holiday to EGYPT turned out to not be in my best interest !

I will keep you posted on how I progress

Thankyou again
Marce under EU law the tour operator is responsible for every part of your holiday including services provided by a third party. The hotel employed the member of staff and to me that means thomas cook is responsible as they had employed that person themselves. There are a lot of grey area's in the law to be cleared up. If you contract food poisoning and it was thomas cooks fault or the hotels fault because a contractor supplied the food and thomas cook had no control over it, if thomas said they weren't responsible they would bea liar. Becuase under eu law they are and you could argue the same when it comes to hotel staff. Especially if thomas cook were aware of the problem.
Steady on Mike! Another grey area .... Egypt isn't in the EU, therefore you may not get EU law to apply there ....

But the holiday company is governed by EU law being in the EU.
From our Safe and Sound Booklet written by Travel Law Solicitor Ros Fernihough (Booklet available for download from my signature)

Regulation 15 of the Package Tour & Travel Regulations imposes a strict fault-based liability upon the tour operator for the proper performance of the obligations under the contract by their third party suppliers. In other words the tour operator is responsible to you for everything that was wrong with your holiday which can include accommodation, cleanliness, infestation of insects, food, health, hygiene, plumbing, swimming pool, all-inclusive services if appropriate, representatives services, transfers and pre-booked excursions.

What the tour operator must do is to compensate you the consumer for the problems you experienced and then the tour operator may under a separate claim recover what he has to pay you in compensation from his third party supplier, namely the accommodation owners.

15.1 The other party to the contract is liable to the consumer for the proper performance of the obligations under the contract irrespective of whether such obligations are to be performed by that other party or by other suppliers of services but this shall not affect any remedy or right of action which that other party may have against those other suppliers of services.

15.2 The other party to the contract is liable to the consumer for any damage caused to him by the failure to perform the contract or the improper performance of the contract unless the failure or the improper performance is due neither to any fault of that other party nor to that of another supplier of services because (a) the failures which occur in the performance of the contract are attributable to the consumer (b) the failures are attributable to a third party unconnected with the provisions of services contracted for and are unforeseeable or unavoidable or (c) such failures are due to (i) unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, the consequences of which could not have been avoided even if all due care had been exercised or (ii) an event which the other party to the contract or the supplier of services even with all due care could not foresee or forestall.

15.3 "in the case of damage arising from the non-performance or the improper performance of the services involved in the package the contract may provide for compensation to be limited in accordance with the International Conventions which govern such services. "

Whether the above law includes the staff's conduct at the accommodation supplied by the Tour Operator is a grey area to me. I will, however contact Ros on Monday for clarification.
I have spoken to Ros Fernihough who is a Travel Law Solicitor and here is what she has to offer as a guidance.

Ros would also like to speak to Marce on 01922 621114 and she will offer free legal advice.

On the facts as presented there may be a case on Regulation 15 the other party to the contract i.e. the Tour Operator is responsible for his 3rd party suppliers actions, but there maybe a defense under regulation 15.2 C Unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded the consequences of which could not have been avoided even if all due care had be exercised.

For example, if the person who perpetrated the attack - if he had been thoroughly vetted and references checked by his employers and had no history of sexually deviant behaviour and this was a first incident then the hotelier may have a defense under Regulation 15.2. On the other hand if this man had behaved like this on many previous occasions and had a criminal record and was acting in the course of his employment then his employers (the hotelier) would be vicariously liable and under Regulation 15.1 A claim may exist as there may be liability against the Tour Operator.
I have just spoken to Ros.... she was sooooooo nice , she is going to take on my case.

Thankyou All for all your help and advise

Marce XX
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