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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71055
Experience:  Over 5 years in practice
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travelled with ***** ***** travelling from Egypt to birmingham.

Customer Question

travelled with ***** *****
travelling from Egypt to birmingham. 36 hour delay home
fought to get out airport with help from passengers sorting visas.
not enough transport to take us to the accommodation (3 coaches left , left us on airport carpark). we were told to get on a small mini bus Egyptian style taxi (rather than coach transfer) was told to get on or stay on carpark by ***** ***** rep. had to lift 6 30kg + suitcases up through approx. 6ft high bus window. carrying sleeping crying children. 4 children with us. no seats for the children they had to sit on our knees. plus we had approx. 9 large suitcase piled roof high behind us whilst another passenger who left his family behind had to help us hold them back to stop them falling onto us and the children. the transfer was totally unsafe. and I feel put I children's life's at risk. no seatbelts and the driver drove at stupid speeds. ( which I know if normal for some other countries, but not for a booked ***** ***** transfer which you expect to be safe). ive already contacted them and they keep postponing by reply. every time I speak to them they tell me another 5 working days. its not just a flight delay, being sent to a rubbish hotel, getting 15 mins to check out when we eventually were told we were going home, yet again carrying sleeping children and suitcases - children sleeping on the floor outside hotel waiting for the coach. its everything combined. bit of along story cut short to just give info for my complaint . please advise if I have any legal case on this . regards ***** *****
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is your actual financial loss?
Customer: replied 3 years ago.

only loss of earnings at work due to delay. 2 working days pay lost.

im more concerned we had to board a unsafe vehicle with our children.

Expert:  Jo C. replied 3 years ago.

What was the specific risk to the chidren?
Expert:  Jo C. replied 3 years ago.
Sorry for the delay. Don't worry. I can see what you are asking.

This is not a flight delay it seems and it is not a European issue anyway and therefore it is not covered by the European Regulations.

It seems to be simple breach of contract and breach provisions of the Supply of Goods and Services Act for failing to carry out the contract he job with reasonable care and skill.

The travel company refuse to recompense you then you have no alternative but to sue them in the Small Claims Court.

The CAA will only deal with flight issues and not delay but you might want to complain to ABTA but from my experience, it is not particularly effective and court summons is likely to be more effective. You may find that once you issue court proceedings the travel company is more inclined to negotiate however you have to give them the opportunity to resolve the matter before prematurely issuing court papers.

You are not claiming a fixed sum of money and therefore it is likely that this would not be dealt with in the Small Claims Court however and if it was transferred from the small claims track to the fast-track and you lost in court, you could end up paying substantial legal costs.

There are solicitors firms that will deal with holiday claims on a no win no fee basis. It would certainly be worthwhile contacting one of them particularly in view of the fact that this was not the European holiday. The solicitor, if they agree to take it on will usually arrange insurance that would pay for the legal costs in the event that your claim is not successful.

You do have a claim, it appears that you have quite a good claim but it is not going to be an easy claim to bring.
Bear in mind that Thomas Cook have their own legal department, already paid by them, who are adept at defending such claims.

Can I clarify anything for you?