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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44900
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi my name is XXXXX XXXXX wife and I went on holiday to Egypt

Customer Question

Hi my name is XXXXX XXXXX wife and I went on holiday to Egypt on an all inclusive deal with Thomson.I paid for a superior room,but on arrival it was a disaster. We had an extra bed and also a door leading into the next room,so as you can imagine we heard everything from next door. We had problems with the safe and no plugs for the bath and sink, no outside light and the chairs and table we a joke. The table had a dip in the middle and we could not put anything on it as it slid down into the dip,We also had trouble trying to close the slinding doors and could not lock it at times.On arrival we were told by a rep on the transport because off our late arrival there would be a meal waiting on us(not)we were nearly chased out off the resturant .We complained at the meeting the flowing morning to the Thomson reps.It took 3days for us to be moved and for the sink and bath plugs to arrive as we were about to be move to another room.Thomson have told us we should have filled out a complaint for in the resort but we were never offered one.Thomson also said they carried out there own investigation and could not do any more for us than apologise.Also on the last night off our holiday we went on a trip to a market,it was a disaster from the start the bus did not move for about 40 mins as the microphone did not work, we then move on to pick up other people and on the way we stopped and change buses so our time was cut at this market, we were rushed around and did not have time to take in the culture in the market which we thought was the idea off us going.We have been in. Contact with Thomson and they refuse to take responsibity only gave us an apology but we are not happy with that.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and my colleague has asked me to assist with your query as it is more my area of law.

Before you consider your next steps you need to work out whether you have any grounds to take the matter any further. As far as compensation for holidays go, you cannot make a claim if you simply did not enjoy your holiday or it did not meet your expectations but you can claim if you can show that your holiday company had breached your contract.

To be able to argue that the company had breached the contract you need to show that you did not get the specific holiday, facilities or other extras which you were promised at the time of booking.

In your specific case you need to consider what potential breaches occurred:
• The room - you say you booked a superior room but you need to check whether the room description did not match what you received. Just because it was a superior room for example does not mean there could be no door leading to an adjacent room so you need to check whether such specific promises were made. The other issues with the room also need to be considered in light of the promises or description that were given to you at the time of booking
• The trip - you need to check whether this was a trip which Thomson had control over. If it was a separate company that organised this and you booked with them then the travel company will not be liable for it.

In terms of compensation, this is what you can potentially claim for:
• loss of value - this covers the difference between the value of the holiday you paid for and the one you actually received, also if you were moved to a room which reflected what you paid for, this difference will only cover the part of the holiday which did not match the description
• out-of-pocket expenses which you may have incurred as a result of the breaches, such as moving yourself to a new hotel
• loss of holiday enjoyment - these are given at the discretion of the courts and can be difficult to calculate at this stage as it depends on the individual circumstances

To complain and take this matter further you first need to exhaust the full complaints process offered by the travel company. If you are unhappy with their final response you can take the matter to a travel organisation they may be members of, such as ABTA or AITO. The final step is court action for breach of contract but that should only be used as a last resort.

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

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