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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11264
Experience:  I have been practising for 30 years.
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My Sister, my self and our respective partners in January

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My Sister, my self and our respective partners in January took a holiday with TUI to Vietnam on recommendation from their staff at our local travel agent. To say the least this Holiday was a complete disaster from start to finish. On the second day all of us were involved in a hit and run accident, all treated in Hospital and my partner being detained for three days with suspected scull fracture. She is still attending hospital appointments now we are back in the UK. The Holiday, as you can imagine. was completely ruined, I have written to TUI seeking compensation, (the holiday costing over £6,000) but they appear from their reply to have washed their hands of the matter. Could you advise me whether it is worth pursuing this and if so how to go forward. I feel we were miss sold this holiday, for us it was not fit for purpose and I feel we must have some come back under sale of goods and services.
Mr Stanley Bott.

Hello for clarification - why do you think the holiday was mis-sold?

what are you claiming compensation for?

you had insurance for this holiday?

Customer: replied 6 months ago.
We took this holiday on recommendation from TUI staff, it was not as stated. See attached letter to TUI.
Total cost of holiday.
We have our own medical insurance which reimbursed hospital costs promptly, no issues here.

I dealt with quite a lot of holiday claims although the case law I remember may have been superseded. At the time, (quite a few years ago) you have no claim against the holiday company for a “bad holiday” unless you made a complaint either at the resort/holiday location or within 10 days of returning. As I said, that may no longer be the case but that is what it used to be.

You have a claim for breach of contract which is a slightly different thing, if they did not provide exactly what they said they were going to provide and the time period for that is 6 years.

For there to be a claim,

1. there needs to be a duty of care,

2. the duty of care needs to be breached,

3. someone must suffer loss or injury as a result of the breach and

4. that loss or injury must flow from the breach

5. injury or loss must be a reasonably foreseeable consequence of the breach.

In your case, 1, 3, 4, 5 are satisfied but the hit-and-run accident is not the result of any breach by the holiday company.

You say it’s not fit for purpose and you have some comeback in the Sale of Goods and Services. In fact, that no longer applies to consumer contracts, the correct statutory provision is the Consumer Rights Act.

You say that the holiday was not as stated but there is nothing in your information which says what was not stated. All you talk about is the hit-and-run accident and you have no claim that I can see against the holiday company.

I’m sorry, I know it’s not the answer you wanted but unless I’ve misunderstood the facts, I just can’t see how you have a claim which is probably why they have washed their hands of it.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.


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