Hi Everyone, just registered on here after finding it on google so sorry if any of what i'm about to write has been posted before :
OK here goes
In September 2009, me and my partner travelled to Mexico with Thomas Cook, we took a package deal and stayed at the Grand Sirenis on the riviera Maya which is a nice 5 star hotel, we paid just over £2500 (as we upgraded the seats to premium cabin)
Once we got to Manchester airport we where told at the checkin desk that our flight had been changed due to a bird striking the wing the night before and our aircraft wasnt going to be an airbus, it was going to be a small boeing so there was no premuim cabin, we was told by Thomas Cook and servisair not to worry as our premuim cabin cost would be refunded and said that it would be refunded for the return flight home too as they could not say if that would be the airbus or not so they just give a full premuim cabin refund.
After waiting in the departure area we was told that the flight would be delayed for 4 hours as the replacement aircraft had also broke and they where waiting for another one to come into land.
We noticed while we was waiting "lads" drinking and causing trouble with other passengers (they was clearly tanked up) but when we started to board the aircraft they let them on regardless.
About 3 hours into the flight the same lads who was drinking started a big fight with someone on the plane, the cabin crew rushed and ended up splitting them up, the captain came on the PA twice and said he was going to divert if things didnt improve.
Once we got to Mexico the lads where removed and arrested by police.
Finally got the Grand Sirenis about 6 hours later that we should.
Having stayed there the year before we knew what to expect as we had a fab time so thought we'd go a second time.
Our room as ok but didnt get the sea view we'd asked for but i'm not too worried about that, we spoke to the Thomas Cook rep the next day with regards to the problems on the flight and also just to check the premuim cabin details as we wasnt sure we could take extra Kg's back with them changing the aircraft etc, "He said clearly, that the word he's getting from head office in the UK is that they will be full refunding passengers for both directions even if the premium cabin is offered on the way back as a good will gesture for all the problems on the inbound flight.
As the holiday went on we couldnt but help noticed that only half the hotel was open, there was no main buffett at lunchtime we had to use the pool snackbar, the ice cream shop was closed and also the coffee shop in the afternoons (as the weather was a bit rainy on a few days so this would on been welcome)
On the second week of our stay there was building works ongoing in our hotel block, it wasnt just a bit of knocking and banging, they where doing full refits of rooms above us and the noise started at 8am and went on well until 6pm (not that we stayed in our rooms all day), the water kept going off and we couldnt have a full shower on some of the days or flush the loo, on one of the says we had completely no water, we'd been on the beach on that day and there was no clean water in all the complex, everyone was complaining (there was a hugh queue at the reception desk of people shouting and complaining)
They did NOTHING apart from laugh and offer us "extra" al la carte nights, we only had bottled water to drink and clean our teeth in, and this is a 5 Star Hotel!
We complained to our rep and he just shrugged his shoulders and said "what can i say they will loose guests"
On our return flight we did get the right aircraft this time and premuim cabin was given to us but as we'd been told we was getting it for free i was willing to let the hotel problems go given that the premium cabin cost £500 for the both of us Inbound and Outbound.
When we returned to the UK there was a cheque waiting for us for "guess what" only half the premium cabin £252.
We went into the Thomas Cook shop where we booked the holiday and told them of the problem, we went on to mention about the hotel problems and they told us not to pay the cheque in and to write a complaint in full about all the problems and to drop it off.
We did that the very same week (2nd of Oct 2009) and they sent it off on our behalf, they said that it would take 28 days to get a reply.
This came and went and we went back in to check if anything had been sent to the shop, nothing, we kept checking until Xmas and still hadn't received any kind of letter or even reply and it seemed like the shop was just fobbing us off.
We decided to get a little more firm and went back to the shop and asked for them to contact head office, they did that and head office said they hadn't received any letter and it might of been lost.
Feeling a little bit sick at this point we asked if the Thomas Cook shop could fax our complaint, the manager faxed it and gave us a letter saying that she'd re-faxed it etc and dated and signed it.
again we waited another month (28th of Feb 2010) to be exact and we finally got a reply from Thomas Cook head office saying that they where looking into our complaint, it wasnt' until the middle of March 2010 that we finally received a reponse.
The letter basically said that they wasn't going to give us any of the outbound premium cabin cost back as the rep who originally told us this no longer works at the resort, they also had been in contact with the hotel and that they would offer us "free upgrades" should we choose to stay there again (hang on wouldn't this mean spending another £2000 with Thomas Cook)
Thomas Cook refused to do anything about the Premium Cabin cost, they also said they was sorry about the flight problems with the delay and also the flighting but there was nothing they could do about that, they wasn't going to do anything about the hotel problems either.
Having received this reply i decided enough was enough and I got in contact with ABTA, I sent them copies of everything that I'd received and a covering letter etc, they sent me a reply back saying to write back to Thomas Cook once again stating that we wasn't happy and get "into Deadlock" with them.
I took this advice and wrote to Thomas Cook again and outlined that it wasn't my fault that the rep didnt work there anymore nor was it my fault about the complaint going so called missing, I also made it clear that Iwas outraged that they was not willing to do or offer anything to compensate my problems, I also stated that the cheque for the first half of the premium cabin had now expired as it is more that 6 months old now (dated Sept 2009)
I sent that just over a month ago and I've just received a reply back today.
Basically it says that they are not willing to accept none of our claims about the premium cabin and that none of the Thomas Cook staff would of told us about getting a refund for the outbound flight, they said that they are not willing to do anything about the hotel problems and we wa to "expect" some kind of maintenence as all hotels have some kind of work on going all year round but they keep it to a minimum during guests staying.
I would really like some good advice here guys, my next step i think is writing to ABTA again, but I would like to see if I can take things legally now.
I've already been tothe CAB and they have told me to contact ABTA.
I'm really not that bothered about the hotel problems, it was just the £500 premium cabin cost that I would like back really but I seem to be hitting a brick wall.
If anyone could help i would be very grateful.
Thanks
Peter
You can take the matter to ABTA who will offer you their arbitration service. Unfortunately the decision is binding and therefore if you do not get the result you are after then you are stuck.
May I suggest you read through this topic.
http://www.holidaytruths.co.uk/viewtopic.php?f=49&t=142919
MarkJ who is one of the HT moderators took action against First Choice last year after the premium seating paid for was not supplied. He had failed to get satisfaction when he tried to get back the money he had paid for a service not supplied. It may be that after looking at your options and comments from other members that you might consider doing the same thing.
Did you complete a complaint form in resort? Something very important when trying to resolve a problem on return. I do consider the excuse the rep no longer works for the company disingenuous. Bit late in the day but one thing I do recommend is to email the TO with any complaints whilst in resort. It establishes a paper trail. I did so with First choice last month - they replied 8 days later so shot themselves in the foot.
I personally think you are being very forgiving over the other problems.
fwh
fwh
May I suggest you read through this topic.
http://www.holidaytruths.co.uk/viewtopic.php?f=49&t=142919
MarkJ who is one of the HT moderators took action against First Choice last year after the premium seating paid for was not supplied. He had failed to get satisfaction when he tried to get back the money he had paid for a service not supplied. It may be that after looking at your options and comments from other members that you might consider doing the same thing.
Did you complete a complaint form in resort? Something very important when trying to resolve a problem on return. I do consider the excuse the rep no longer works for the company disingenuous. Bit late in the day but one thing I do recommend is to email the TO with any complaints whilst in resort. It establishes a paper trail. I did so with First choice last month - they replied 8 days later so shot themselves in the foot.
I personally think you are being very forgiving over the other problems.
fwh
fwh
Hello,
Now, I work for TC, but everything I say here is my own personal opinion and none of my companies.
So, am I right in thinking you got the premium cabin on the inbound flight, so technically you are due a refund for 1 outbound sector?
I personally wouldn't take a reps word for it, they don't have the authority to authorise that sort of refund, did you get it in writing from him, that you were going to be refunded both sectors? This would have been very useful in getting your point across.
TC don't have absolute control over hotels. Unfortunatley it is at the hotels discretion, as this may not have been classed as a major problem to them, but it still would have been nice to hear from TC about it, but again thats only if they knew about it too.
The outbound flight, cant comment as wasnt on it, though I do know that these individuals would have been prosecuted on return to the UK for being drunk on an aircraft, assuming they werent prosecuted in Mexico, as they cant be 'tried' twice. Sadly I fear the mexicans would have got to them first.
Whilst I whole heardtly agree with them not being allowed on board, its the groundstaffs decision to board them. The cabin crew usually have no prior warning of these, shocking but true. So unless you pointed it out to the cabin crew, then they probably wouldnt have known about them.
RE the change of aircraft, the boeing 767 isnt a small aircraft, which infers that you had to use a shorthaul aircraft, its a longhaul aircraft and was used as Airtours long haul aircraft for many years, they even went to Australia on it. It was just confiigured into a shorthaul seating config, but it has the range to service our longhaul destination. This does not hvae premium cabin, but I suspect that going on holiday within a reasonable delay (whatever one is nowadays) would have been preferable than to wait around for another A330 to land and become available, or to fix the A330 you were due to go out on, which could have delayed up to 12 hours or more.
I fear you may have to chalk this up to experience and accept a one way refund from them, but that certainly doesnt help you with what the rep tells you, and on behalf of TC I apologise for that.
I hope this was of some use to you.
Now, I work for TC, but everything I say here is my own personal opinion and none of my companies.
So, am I right in thinking you got the premium cabin on the inbound flight, so technically you are due a refund for 1 outbound sector?
I personally wouldn't take a reps word for it, they don't have the authority to authorise that sort of refund, did you get it in writing from him, that you were going to be refunded both sectors? This would have been very useful in getting your point across.
TC don't have absolute control over hotels. Unfortunatley it is at the hotels discretion, as this may not have been classed as a major problem to them, but it still would have been nice to hear from TC about it, but again thats only if they knew about it too.
The outbound flight, cant comment as wasnt on it, though I do know that these individuals would have been prosecuted on return to the UK for being drunk on an aircraft, assuming they werent prosecuted in Mexico, as they cant be 'tried' twice. Sadly I fear the mexicans would have got to them first.
Whilst I whole heardtly agree with them not being allowed on board, its the groundstaffs decision to board them. The cabin crew usually have no prior warning of these, shocking but true. So unless you pointed it out to the cabin crew, then they probably wouldnt have known about them.
RE the change of aircraft, the boeing 767 isnt a small aircraft, which infers that you had to use a shorthaul aircraft, its a longhaul aircraft and was used as Airtours long haul aircraft for many years, they even went to Australia on it. It was just confiigured into a shorthaul seating config, but it has the range to service our longhaul destination. This does not hvae premium cabin, but I suspect that going on holiday within a reasonable delay (whatever one is nowadays) would have been preferable than to wait around for another A330 to land and become available, or to fix the A330 you were due to go out on, which could have delayed up to 12 hours or more.
I fear you may have to chalk this up to experience and accept a one way refund from them, but that certainly doesnt help you with what the rep tells you, and on behalf of TC I apologise for that.
I hope this was of some use to you.
Thanks Butterchickengirl for your reply
I've yet to find this out yet, but I've wrote to TC head office twice now and mentioned about the cheque that I received in Sept 09, it's a printed out cheque but I feel that this might not be valid now as the staff from my local branch strongly advised me not to pay it in until the issue is resolved.
Do you happen to know how long I have before the cheque becomes invalid and would it just be a simple case of contacting them again for a re-issue of the cheque?
TIA
Peter
I've yet to find this out yet, but I've wrote to TC head office twice now and mentioned about the cheque that I received in Sept 09, it's a printed out cheque but I feel that this might not be valid now as the staff from my local branch strongly advised me not to pay it in until the issue is resolved.
Do you happen to know how long I have before the cheque becomes invalid and would it just be a simple case of contacting them again for a re-issue of the cheque?
TIA
Peter
I think you're right with the six month thing.
I reckon a quick ring would get them to reissue it again.
Once again, sorry you are getting messed about.
I reckon a quick ring would get them to reissue it again.
Once again, sorry you are getting messed about.
Thanks for your help 
I'm a bit confused. Am I right in thinking you got a refund for the premium cabin outbound but not inbound as you travelled in the premium cabin on the way home?
If so why are you looking for a refund both ways?
Sorry if I'm beiong dim but I don't understand
If so why are you looking for a refund both ways?
Sorry if I'm beiong dim but I don't understand
You received a cheque which was due to you. The seating not being available on the outward leg has been refunded. You need to contact the issuer and explain that you have not cashed the cheque and ask them to reissue it.
The normal advice is that when a TO sends a cheque then you should not cash it as it will be considered as accepting it as settlement of your complaint. In this case it is not. It is money that is due to you under the T&Cs.
Your complaint is based on a comment made to you by a representative who is no longer employed in that resort. Or has he left the company? Was anything put in writing at any time? I suspect he no longer works for the company and simply made the comment to get you off his back - why it is so important to get it in writing - knowing his contract would not be renewed.
I would get the original cheque re instated and write the whole thing off to experience. I personally doubt you will get any further.
fwh
The normal advice is that when a TO sends a cheque then you should not cash it as it will be considered as accepting it as settlement of your complaint. In this case it is not. It is money that is due to you under the T&Cs.
Your complaint is based on a comment made to you by a representative who is no longer employed in that resort. Or has he left the company? Was anything put in writing at any time? I suspect he no longer works for the company and simply made the comment to get you off his back - why it is so important to get it in writing - knowing his contract would not be renewed.
I would get the original cheque re instated and write the whole thing off to experience. I personally doubt you will get any further.
fwh
I would get the original cheque re instated and write the whole thing off to experience. I personally doubt you will get any further.
I tend to agree, without anything in writing there'll be no case unfortunately.
Brid, the reason the op wants a refund for the seats on both flights is because he had faith in the competence of the Rep who said they'd be given both refunds. Although they did provide correct seating on one of the journeys, I suspest the original poster wants to accept the payment in compensation of all the other problems he had to put up with.
personally think you are being very forgiving over the other problems
I agree .
they also had been in contact with the hotel and that they would offer us "free upgrades" should we choose to stay there again (hang on wouldn't this mean spending another £2000 with Thomas Cook
Ok I agree with the others about chalking the premium seating refund down to experience but surely the reply from TC above shows they have accepted responsibility regarding problems at the hotel. Isn't it their duty to notify travellers about building wotrks before departure so that they have some options.
I think you may well have more chance in getting the extra money back via this route . No you don't want a free upgrade you want some compensation but you must be specific about the amount you are requesting . Did you fill in a complaints form in resort ?
If the tour operator is a member of ABTA, they they are bound by the ABTA CODE OF CONDUCT (click here) to ensure that clients are alerted to any building works which may reasonably be considered to seriously impair the enjoyment of their holiday, and offer them the opportunity to transfer to alternative travel arrangements, if available.
If your Tour Operator notifies you too late for you to change your holiday then write to them asap and send by recorded delivery keeping a copy for yourself. State that you are accepting the holiday 'under duress' and are reserving the right to pursue a claim for compensation should this building work mar your holiday.
If you find yourself on a holiday which is being marred by building works then collect your evidence.
1) Report the matter to your rep and fill in a complaints form. Keeping a copy for yourself.
2) Take photographic evidence (using a separate roll of film - not one containing happy holiday snaps)
3) Take camcorder evidence - especially if noise is a problem.
4) Collect names and addresses of other holidaymakers who are complaining.
If your Tour Operator notifies you too late for you to change your holiday then write to them asap and send by recorded delivery keeping a copy for yourself. State that you are accepting the holiday 'under duress' and are reserving the right to pursue a claim for compensation should this building work mar your holiday.
If you find yourself on a holiday which is being marred by building works then collect your evidence.
1) Report the matter to your rep and fill in a complaints form. Keeping a copy for yourself.
2) Take photographic evidence (using a separate roll of film - not one containing happy holiday snaps)
3) Take camcorder evidence - especially if noise is a problem.
4) Collect names and addresses of other holidaymakers who are complaining.
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