Holiday Complaints

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Thomas Cook
18 Posts
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Ordinary and official passport holders are exempted from visa.

he is ordinary passport holder then i take it? british overseas citizen

The thing is he had to return back to the UK..as they wouldnt let me in

can he get compensation?
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One would expect to be able to rely on a travel agents information but Thomas Cook's own website makes it clear that it is the customers' personal responsibility to check vias and entry requirements

http://www.thomascook.com/travel-info/before-you-go?intcmp=ti_01_promo_beforeyoutravel


I can't get into the booking terms and conditions - suspect that you can only do this once you get to the stage of actually booking a holiday via the website - but it is usual for a TOs T&Cs to include a similar stipulation. So awful as this is for him I suspect that there is not a great deal he can do about this. I think they'll turn around and say in not so many words that you shouldn't rely on their staff knowing the correct information.

The FCOs website makes it quite clear that holders of a British Overseas Citizen passport DO need to check/obtain an entry visa for Turkey from the Turkish Consulate before travel and that without it they could be refused entry and it might have been better if the Thomas Cook staff member had said nothing and just directed him here.

http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/europe/turkey


I don't think that he will get very far re a refund or compensation from Thomas Cook and he would need to check the specific terms of his holiday insurance to see if they might consider a claim from him. I can't find anything in my own annual policy that suggests that I could make a claim if I was refused entry to a country because I hadn't obtained a necessary visa in advance.

SM
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Welcome nAV2011 ... while some within the travel industry may lay down their own minimum passport validity requirements, I think most companies will have their backs covered in saying that entry/visa requirements should be verified with the consulate or embassy of the country concerned.

Requirements for holders of British passports issued in the UK may differ from those for holders of British Overseas Citizen passports issued abroad and as SMa indicates, the FCO advises that holders of British Overseas Citizen passports should check visa/entry requirements with the Turkish Consulate before travelling:
http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/europe/turkey?ta=entryRequirements&pg=4

Thomas Cook give similar general advice on their website to holders of British Overseas Citizen passports, which can be accessed before or after booking:
http://flythomascook.custhelp.com/app/answers/detail/a_id/49

Unfortunately you might find that your travel insurance policy also stipulates that no claims will be accepted in relation to incorrect or invalid travel documents.

David :wave
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I read this about 6 hours ago and thought much the same as everyone else, standard policy for tour operators is to say it's up to customer to check visa requirements so that's that.

But the penny has finally dropped.

This person did make an atempt to check the visa requirement, he asked the TC booking agent. Now that person had two options, either give the correct advice OR say "I don't know" and direct him to the FCO or Turkish Embassy, the latter seeming to be TC's official policy. So by giving the wrong advice a duty of care argument has been opened up here.

Given the amount of money lost it's got to worth complaining about the staff not knowing how to do their job. If TC want to say it's their policy that everyone has to check with the authorities for themselves why did a member of their staff not follow that policy? What else doesn't that agent know and how many other people have lost money because of poor advice?
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I read this about 6 hours ago and thought much the same as everyone else, standard policy for tour operators is to say it's up to customer to check visa requirements so that's that.

Its not up to the travel agent its up to the person travelling to make sure they have the right documentation.

Your responsibility: It is the responsibility of passengers to ensure they have valid, acceptable passports & any required visa or any other documentation for the travel they are to undertake. Passengers without the correct documentation may be refused carriage or entry into any country. Apply in plenty of time.
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It might say that in the small print of a brochure but at the end of the day the travel consultant at Thomas Cook has given competely the wrong information to the traveller and the traveller has trusted them to give professional advice.

It's a reasonable assumption that they will actually know what they are doing as they are working in the travel industry day in day out and presumably have come across similar queries before and it's reasonable for the OP's Brother to assume they know what they are doing.

If you are told something in good faith I can't see why you would then go on to make any further enquiries. I agree with Steve on this one.
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thanks doepsmc -I was responding to that but you beat me!!

The person travelling made a valid attempt to find out what the rules were and a member of TC staff told him wrong. That's her fault and therefore TCs fault. Had she just said TC doesn't give that advice and pointed him elsewhere then they would be out of the frame and I wouldn't argue with what nearly everyone else has said.

As soon as someone in a business delivering a service starts doing anything, they (and the company) fall under the Supply of Goods and Services Act and they have to exercise "reasonable care and skill" (quote from the Act not me) - she didn't. In fact according the the FCO information she didn't even give the right answer for an ordinary UK passport holder. At the very least the person who lost out here is entitled to an explanation and apology.
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It might say that in the small print of a brochure


And as usual someone did not bother to read the T&Cs relying on someone else. I sometimes wonder why they bother having them.

Whilst I can understand the complaint it really is no excuse to blame the sales clerk. Just as a point of interest how many were actually aware that there was more than one type of passport and that different conditions applied. I admit I did not. What if the clerk was right at the time but was not aware that things had changed. surprising how many know the correct answer after the event.

Some years ago I went on a first aid course. We were taught Resuscitation. Two types - The first was the current rules because that is what we would be required to demonstrate as part of the course. The second was the new rules that would come into force the following week. Both were important as we would be teaching it ourselves. Things do change. In our case we would be up to date on the new techniques but anyone who had already taken the course would not be aware or taught it until their next course which could have been up to three years later.

My first aid course could also be likened to the problem here. Rules can change and whilst TC staff may try to assist it would be unfair to expect them to now everything.

fwh
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It may be unfair to expect her to know every little detail (like the price for ordinary passport holders) but this mistake had massive consequences. This victim does seem to have read the small print because he made the enquiry so I don't think it fair to blame him for relying on someone who is supposedly trained in matters relevant to her job.

If TCs small print said "our staff are trained only to take your credit card number and type booking codes into a computer, don't ask them anything difficult" then you could blame him but otherwise I think he's entitled to expect that someone taking large amounts of money off him might actually know a bit about what she was selling - or at least admit she didn't know.
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steve8482 wrote:
I read this about 6 hours ago and thought much the same as everyone else, standard policy for tour operators is to say it's up to customer to check visa requirements so that's that.

But the penny has finally dropped.

This person did make an atempt to check the visa requirement, he asked the TC booking agent. Now that person had two options, either give the correct advice OR say "I don't know" and direct him to the FCO or Turkish Embassy, the latter seeming to be TC's official policy. So by giving the wrong advice a duty of care argument has been opened up here.

Given the amount of money lost it's got to worth complaining about the staff not knowing how to do their job. If TC want to say it's their policy that everyone has to check with the authorities for themselves why did a member of their staff not follow that policy? What else doesn't that agent know and how many other people have lost money because of poor advice?


Yes that exactly it!..we trust these people to give advise and if she said 100% with certainty..why would we question it!
Anyway contacted customer relations and thomas cook. The lady in question is denying she gave this advice and customer relations have issued the small print clause saying "its your responsibility to check everything" ..They are going to pay out. :(

My brother is looking for a case..surely this cant be right, him and his wife are down 1,5k as a result of poor advice from a so called professional company.

I will keep u guys posted..thanks to all for advice is appreciated :tup
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I also agree with Steve's take on the situation. The sales clerk should have kept her mouth shut if she wasn't certain of the facts. The Ts and Cs state it's the customer's responsibility to check for valid visa information, which is what he attempted to do from the agent that sold him the holiday. It was the fact that he was given the wrong information, instead of being pointed in the right direction that led him to losing a lot of money.

However, I wouldn't expect the TO to take responsibility and as the sales clerk is denying making the comment I'm afraid you will get nowhere. It's only her word against the customer's.

A lesson for us all not to trust everything we're told by a travel agent.
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In a nutshell though sadly the OP does not have a case as it's a case of their word against yours then of course they have their backing of their own written terms and conditions.

Yes of course complain and make TC aware that their agents are misinforming customers but I doubt very much that any compensation will be received :(
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sadly when you're in an argument about who said what and nothing is in writing it will just end in stalemate.
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