How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Hi, I traveled to Tunisia on 11/12/13 returned on 18/12/2013.

Customer Question

Hi, I traveled to Tunisia on 11/12/13 returned on 18/12/2013. On arrival to destination my baggage did not arrive. I reported this to loss & found depatment, Property Irregularity Report (PIR) was obtained at destination arrival airport. Thomson Airways are the carriers including any other third party involvement/Handling Baggage Team Systems. Matter also reported to the Thomson Representative, she was callus, dismissive, including her attitutude and behaviour was appauling, her lack of communication and apaulling actions are directly the causation of Harm to my emotinal well-being, for which I have made a formal complaint compliant to there terms and conditions, all complaints must be addressed by the lead booking passenger in relation to group bookings. She wrote complaint on the 4/1/2014 via e-mail, response from Thomson - allow 28 days inveestication, Lead passenger was notified by letter dated 3/2/2014 confirming on this occassion no compensation payable, apologies for disappointed holiday and sub-standard facilities/room accommodation was not as listed in Thomson brochure/on-line websites, very poor standard including builders onsite working everyday from early am to late evening dusk, no privacy and also directly outside my balcony, thus curtains drawn at all times, unable to enjoy the views etc.

My baggage was delayed for 6 days out of 7 days virtually the whole of my vacation was ruined, no help or support from Representative, no emergency funds or items of clothing provided, I was left alone, isolated and made all initial liaison to thomson emails contacts, several calls every day until arrival, which was damaged beyond repair, clothing and other miscellianious items stolen including £300 sterling.

I wrote a formal complaint indepth giving a diary account of my holiday from hell vocation which Thomson confirmed receipt of on 07/02/2014 which call-centre adviser stated they have forwarded to there Baggage Claims Department, to which I confirmed I already sent them a copy as well as the After Travel-Care team, she said the matter will take a further 28 days investication, to which I informed her this was an on-going case initial complaint initiated by Lead Passenger, thus, my insurers sent the original PIR and oringinal Tunisian receipts back to me to forward to the Airline in first instance.

I am claiming re-imbusement of loss of monies, cost of replacement suitcase and full compensation under the Montreal Convention 1999 laws and regulations. Including loss of Enjoyment, Vacation ruined, Harm by causation - (Rep) delayed luggage of 6 days, additional cost and expenses to purchase immediate emergency clothing/toileties/other, incurred cost of ongoing telephone calls etc in my own right as an individual passenger and also named on the itineary booing e-ticket and travel documents. I was told they cannot liasie with myself, only through the lead Passenger, which is a load of indirect descrimination and denial of my statutory rights, also the passenger that lost and suffered and not other members of the group? this is very frustrating and unacceptable, she stated under data protection Act...? she did not state which one? My understanding of the data protection act is to protect person/personal data...to which I am one of the named persons I said! "She said, 'there was no mention or acknowledgement within the written complaint by the lead passenger confirming for them to liasie directly with me as I was the affected passenger, and she was liaising on my behalf? Is this correct? WHAT ARE MY RIGHTS AS AN INDIVIDUAL WITHIN A GROUP BOOKING, BOOKED BY LEAD PASSENGER, YET I WAS THE ONLY PERSON ARRIVING AT DESTINATION, NO BAGGAGE, WHEN ALL OTHERS HAD THERE BAGGAGE! AM I NOT ENTITLED TO MY WORDROBE OF CLOTHING AND PERSONAL EFFECTS WHICH WAS ENTRUSTED TO THOMSON THE CARRIER, FOR WHICH I BELEIVE I AM ENTITLED TO CLAIM COMPENSATION/COSTS UNDER THE INTERNATIONAL MONTREAL CONVENTION 1999.....

PLEASE ADVICE HAS I REGUESTED AN ADDRESS FOR THERE LEGAL DEPARTMENT AND TELEPHONE NUMBER, WHICH SHE SAID I SHOULD WAIT FOR OUTCOME OF FURTHER 28 DAYS, YET THE INITIAL COMPLAINT WAS NOT UPHELD, WAS NOT HAS DETAILED AND INFORMATIVE AS THE COMPLAINT I FORWARDED ON 7/2/14.

WHAT ARE MY RIGHTS? I AM THINKING OF CONTACTING ABTA, ALSO THE OFFICE OF FAIR TRADING....
SEARCHED WEBSITE - NO CONTACT DETAILS FOR THOMSON AIRLINES LEGAL DEPARTMENT, NO E-MAIL OR CONTACT TEL: REFERRAL ADDRESS.....
THEY OBVIOUSLY DO NOT WANT CONSUMERS TO KNOW THERE WHEREABOUTS?
CAN YOU ADVICE FROM A LEGAL POINT OF REFERENCE AND ALSO MY STATUTORY RIGHTS AND OBLICATIONS UNDER LAWS & REGULATIONS 1992? OR OTHER REGARDING DELAYED BAGGAGE/DAMAGED/THEFT ETC?

KIND REGARDS
VAL
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did you have travel insurance please?
JACUSTOMER-m9wr31ap- :

Hello Alex, Yes I did have insurance to whom I sent oringinal Property Irregularity Report and Tunisian receipts for emergengy clothing/toiletieries and additional hold-all bag, they returned them to me and said I must apply in first instance to Thomson and claim compensation as they do not cover compensation.

JACUSTOMER-m9wr31ap- :

In the insurance Policy they do cover delayed luggage max of one hundred and fifty pounds = £50 per 24 hour which is a total of three days to there maximum limited as stated. but like I said I have sent and made a claim directly to Thomson as instructed by Insurer, they have confirmed receipt, a further 28 days investication, and refusing to liaise directly with myself, stated by call centre adviser, they will only liaise with lead booking passenger (all-inclusive package holiday) even though she has had a response to initial claim, letter declined compensation. Lead Passenger is not party or included on my insurance. Can you confirm if call centre have the right to say they will not liasie with self, and under what data protection act? as I too am a named passenger on the travel document and group e-ticket prior to and return journey to and from destination? what are my legal statutory rights? NB: Thomson provided a cover letter to myself to sent directly to the insurer confirming prove of travel dates, also confirming they made no payment/re-imbusement of cost of holiday. It seems the Carrier Thomson Airways are trying to pass the buck? What are my explicit rights under the international Montreal Conventions 1999 ? Laws & Regulations 1992 ? What do I need to do now? How do I liaise with Thomson Airlines Legal Department? Am I entitled to compensation? plus re-imbusement of cost/expenses incurred ? Please advise accordingly!

JACUSTOMER-m9wr31ap- :

Still awaiting an answer?

JACUSTOMER-m9wr31ap- :

NB: Insurance paid a reduced amount less wear and tear for items stolen from baggage only, they do not pay for monies or valuables stolen from suitcases, even though they cover up to £400 - I was told!

JACUSTOMER-m9wr31ap- :

What compensation am I entitled to claim in total £:00 ? plus additional cost/expenses !!

Alex Watts :

Yes I am considering your matter

Alex Watts :

Do you know the value of your losses?

Alex Watts :

Are you there so I can help you?

Alex Watts : I am still here waiting to help you.
Expert:  Ash replied 2 years ago.
I am told you could not see the chat. Hopefully you can now.

I asked:

Do you know the value of your losses?

Customer: replied 2 years ago.

Can I clarify anything for you about this today please?


JACUSTOMER-7eiekt1b- says:


12:38 AM


How much am i entitled to put in a claim for under the Montreal Convention? or is there another law?


1:03 AM


the lead received a letter today stating they will only pay £75 for emergency toiletries, they state they have a liability to pay compensation which is limited, thus, state if any private insurance cover was arranged for the trip they strongly recommend this claim is submitted to the insurers for their consideration, which I did in first instance and the insurers referred me to the Carriage Airways...they are passing the buck!!! They also state the insurers will attempt recourse against the airline in due course?? They state “if no insurance they will only make a payment of £25 per day, up to a maximum of £75” as stipulated which is only 3 days. My baggage was delayed for the majority of the holiday total of 6 days one day before return journey, I had to spend on all items for the week including purchasing another baggage to transport new emergency items home on production of receipts which I have already included in my letter of complaint which they have not acknowledge, stating if I can provide receipts they are happy to consider the matter...... What do I do now, I requested a forwarding address for their legal department and telephone number and they refuse to compile....Do I need to inform the ABTA/ATOL or office of fair trading regarding the matter? How should I address the matter in response to letter I sent Monday 4/2/14 to which they have acknowledge receipt on 7th February 2014, whereby I gave them a deadline to respond within 7-14 days..... As stated above that is there response, so what do I do now,,,You make no mention to my original query regarding My rights under the Montreal Convention 1999 and my statutory rights re: the law & regulations 1992? (I think).... You make no comments on the compensation amount to expect or apply for, I sent them a detailed breakdown of cost incurred =£ 972.24p + Compensation due under the International Montreal Convention re: delayed baggage for £1,131.00 which include loss of enjoyment/value, Harm by causation by the Representative, her actions impacted on my emotional well-being etc and other factors, builders on site working from early morning to night, no privacy and sub-standard cleanliness of accommodation etc..... WHAT ARE MY RIGHTS 7 ENTITLEMENT...I AM NOT HAPPY WITH THE RESPONSE... i DO HAVE LEGAL COVER IN MY INSURERS CLAIM, DO i NEED TO REFER MATTER BACK TO THE INSURERS? PLEASE ADVICE ON PSERCIFIC TOPICS MENTIONED INCLUDING ANY OTHER RELEVANT FACTS?


 


Also, they refuse to liaise with me directly or communicate, when lead passenger did give permission for them to respond to me, Is there a law under data protection (which Act?) preventing me or the Carriers Airline responding to me, and do I have to go through a third party? they are depriving me of my statutory rights as a named passenger on the travel itinary/booking documents, thus, I have I right to act on my own behalf? or do i not?


Please notify by e-mail address:


[email protected] once you've had a chance to research the question and notify me of a response and or updated information. Thanks!


What do you think the likelihood of success will be should i have to take the matter to court? If it goes to court and compensation is not upheld, who is responsible for cost? can i request that Thomson Airlines pay all cost or Not, please explain the process? or can this matter be settled outside of court? can my insurers act on my behalf?

Expert:  Ash replied 2 years ago.
If you are on the booking then you have a contract, you can bring a claim using the steps I outlined above.

You do not need insurance to cover a small claim, no representation is required and you can do this yourself. The Montreal convention does not set down compensation limits.

They are also in breach if the Sale and Supply of Goods and Services Act section 13

I think the chances are reasonable. If it goes to court and you win, court costs are added. If you lose, then you pay the court costs,

Alex

Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice