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).
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
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
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