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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience:  Over 5 years in practice
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We believe we have been sold two future cruise holiday packages

Customer Question

We believe we have been sold two future cruise holiday packages that we didn't necessarily want, and have incurred further travel expenses subsequent to a decision based on mis-information about our options. The problem arose when one of us was diagnosed as suffering from cancer after the cancelation (without financial penalty) deadline date of 90 days had passed. The travel agent we were dealing with insisted we came to a decision before the end of September 2013 (within one week after diagnosis of the illness) on either the cancellation or transfer, of our pre-existing back-to-back round the world cruises due between January and May 2014.
We chose to continue with the first leg of our proposed trip, and take the health risk that this entailed, but to transfer the cost of the second part of our holiday to 2 alternative cruises during the latter quarter of 2014, as suggested by our travel aagent. This meant a return flight from Australia to the UK to resume urgent curative treatment for the diagnosed illness.
On our return from Australia on 31 March 2014 we discovered a letter from P&O Cruises awaiting us, which had arrived after we had embarked on the first leg of our trip on 4 January 2014. In this letter was confirmation that in light of our direct appeal to that company they had contacted their travel agents XXXXX XXXXX offering us the option to transfer both back-to-back cruises to similar ones due in 2015, but with a deadline off 2 December 2013 to take up their offer which we had suggested to P&O in our letter to them in early November 2013 seeking their help in resolving our dilemma.
When dealing with the matter of transfering second leg of our cruise holiday no mention of P&O's offer to tranfer both back-to-back cruises to 2015 was not revealed to us. In this context we believe we were mis-sold the transfer package of two distinctly separate cruise trips, and were obliged to make a judgement that meant cutting short our original plans to return to the UK to continue treatment for the diagnosed cancer illness.
We beleive we were mis-sold the alternative package, and incurred greater expense, by being not being informed of P&O's ideal alternative option to transfer our pre-existing booked cruises to 2015.
We would be grateful for any advice.

Yours sincerely P & T
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

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

Were you insured against cancellation please? What loss have you suffered?
Customer: replied 2 years ago.

We were not able to claim insurance compensation for cancellation because of notified pre-existing medical condition, even though cancer had not been 100% confirmed.

The financial losses are:


1) £100.00 each for transfer fee to P&O for second leg cruise from Melbourne, Australia to UK - Total £200-00.


2) £2,089.00 each for flight return from Australia to UK, in order to quickly resume consultation and curative treatment process for diagnosed illness - Total £4,178-00


These added costs would not have been incurred if we had been made aware of the P&O Cruises option communicated to XXXXX XXXXX on 27 November 2013 (for which I have written evidence from P&O).

Expert:  Jo C. replied 2 years ago.
Please just let me confirm that according to the P&O contract and documentation, you could have got exactly what you wanted without booking any of this and you could have saved yourself £4378.

So you have now spent £4378 that you need not have done because you could have got the result in a different way.

Have you written back to P&O in the light of their later letter advising them of what you were told by the agent and how that conflicts with what P&O told you?

Please confirm the dates because at one stage you refer to a return from Australia on 31 March 2014 so I am not certain whether all this has happened or is supposed to happen.

Please confirm that you have not taken any part of that which is going to cost you £4378.

Customer: replied 2 years ago.

It expressly states in the letter we finally had sight of from the P&O Customer Services Executive when we returned from our holiday on 1 March 2014 that:

'I can confirm the offer made on 27 November...was that we would be able to transfer the booking to the 2015 World Cruise as long as this was done prior to 2 December 2013.'

The contractual provisions allow for such a transfer of the 'package' we had booked in March 2013. In this context we need not have spent the £4,178. I understand we would nevertheless have been liable to pay the transfer fee of £100.00 each (£200.00)

Indeed, the transfer of the package offered by P&O would have saved us having to spend the £4,178

We have not replied to P&O stating specifically what we we told by their agents XXXXX XXXXX.

The date of our return from Australia was 1 March 2013.


We have not 'taken any part' of that which it has cost us

Expert:  Jo C. replied 2 years ago.

I would not do too much at this early stage apart from complain to XXXXX XXXXX and write a letter to P&O asking them for refund as you were misled by the agent.

If either fails, sue TC in the Small Claims Court for the money (if they will not refund) on basis of their misrepresentation.

I cannot guarantee that you will win but I think you have a good case

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks for your consideration of the circumstances we have outlined to you, and the advice given. Our possible procedure appears to be clear.


P & T

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile
Customer: replied 2 years ago.

For Jo C


Further to our last communication of 13 March 2014, we have been in correspondence several times with Thomas Cook travel agents, seeking information about the reasons for their failure to communicate with us, and employees within their company, the offer made by P&O Cruises to transfer our holiday package to 2015.


Finally received telephone response yesterday 9 April 2014 after I informed Thomas Cook that we intended to seek recompense for additional travel expenditure incurred due to the company's misrepresentation of the full facts about options open to us to enable transfer of part of our holiday package, and to rescind the contractual agreement we had entered into with the company to transfer that part of the package.



In the telephone communication we were offered two options:


1) To refer the matter to P&O Cruises.

2) For Thomas Cook to rescind the contract and repay to us the 15% booking deposit we had lodged with their company.


No mention was made about recompense of the additional travel expenses incurred by us, or the transfer fees.


I shall be responding by E-mail giving our understanding of the restitution offers, but declining offer 1, the transfer of the matter to P&O Cruises who have informed us that they have 'no jurisdiction' over the activities of their agents.

At this stage of mediation we would be happy to accept offer 2 if consideration is given to the compensatory payment of £4,378 additional expenditure that we need not have spent, if it had not been for the company's misrepresentation of the facts of the alternative offer made by P&O Cruises of transfer of the package to 2015.

Would such a claim for the £4,378 be equitable, given the circumstances of our complaint, and the offer made by Thomas Cook to in effect rescind the contract?

P & T

Expert:  Jo C. replied 2 years ago.

You need to be careful of accepting any offer which is put to you in full and final settlement because Thomas Cook will word it so that you lose the claim for further compensation.

However you are getting there. Make sure that what ever offer they send you, is in writing so there can be no confusion over what is on offer.

Now it comes down to hard negotiation but do remember that if they will not budge, you either have to accept what is on offer or sue them

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