Holiday Complaints

Do you have a holiday complaint? For help and advice post in here.
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We have the assistance of a travel law firm who deal with illness abroad here:-

http://www.holidaytruths.co.uk/viewtopic.php?f=49&t=147960

I'd have a word with them (say you are from holidaytruths) as they will advise if you are able to proceed with any form of compensation. Please let us know how you got on.

ps What is the name of the ship?
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I recommended that oliveoil54 post on here for advice after reading her post on MSE.

I know the best advice re how strong a case she has will come from a legal expert, but what do you good people (like fwh, Alsacienne etc) think based on her post?
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Never been on a cruise and have no desire to do so. I do think the advice given by Glynis is the best answer. The fact you were on a smaller boat (or is it ship?) and the moorings were not to your liking is outside the control of Cosmos. They are tied up/anchored where the port authority tells them. The diesel engines will be running 24 hours to provide the power to all the onboard services.

Irwin Mitchell have a great deal of experience in claims of this type but I agree with you that you need to look at the response you get back from Cosmos first. Perhaps a letter to them simply stating you are considering the matter at this time. It would make sense if all those effected were to be part of a "Class Action" You do however need to consider that should you go down that road it will likely be a long time before it is resolved.

From a medical viewpoint have you consulted and been tested by your own doctor. Have they identified the particular infection?

fwh
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I am not a doc, and do not claim to be one, but it does sound rather like the Norwalk virus which can plague closely-contained communities very quickly. This often seems to hit cruises, and often the big American companies too. It is unfortunate but statistically correct, you are more likely to fall ill in a hot climate where the infrastructure is insufficient for good food hygiene. I know that this is no help to you now, and I'm sorry that you had such a rough time. Could you try to get your doc to venture an opinion on Norwalk, because I am sure that there are successful claims for compensation or refunding of medical expenses when this virus has struck holidaymakers.

I think that the legal route is perhaps the only way to go, but if you CAN get the virus identified, it might help (though too much time may have elapsed to prove what the virus was by biological testing).
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Thanks, fwh & Alsacienne.

Nile cruises are totally different to 'normal' cruises.
There are no ports as such.
When you get to a historical site the first boat there moors against the bank.
The next moors alongside that and so on.
So you may have to walk through the width of quite a few boats to get from your boat to the shore.
Because the boats are of different heights, you may have to climb up or down between boats.
As I said to the OP, the fact that their boat was smaller than most of the others probably contributed to the fact that they got diesel fumes on their boat.

This is the reply that I posted on MSE:
We've been on 2 Nile cruises and we were told by people who'd already done this that we'd likely be ill at some stage during the cruise.

We were - as were most of the other passengers - but certainly not to the extent that you describe (which sounds awful).

It was clear that some of the food served up on our cruises was making a re-appearance in a different guise either later that day or the following day.
You've already mentioned that you suspect this but it will be very hard to prove after the event.

We steered clear of foods that we thought might be a bit 'iffy'.

Our rep told us that if we we became ill to ask at Reception where they had tablets designed to deal with it.

You mention issues around preparation/storage of the food on other ships but do you have any photgraphs to substantiate that this happened on your ship?

Re the boats being moored 10 or 12 abreast, this is standard for these cruises and on both our trips we were made aware of it.
It's unfortunate that your boat was small so your experience was worse than it might have been but I'm not sure that this should form part of any complaint to Cosmos.


And then this later:
Thinking about what you said, 3.5 days to be moored up is a long time.

How long was your Nile cruise? It sounds like it was maybe 7 days from this:

Quote:
you couldnt open windows etc for 3.5 days - approx just under half the holiday

Our first one was really good, we boarded in the evening, then the following day we visited the West Bank & the Valley of the Kings.
We sailed the following day en route to Aswan stopping at the various temples.

We then returned to Luxor, moored up and spent the final day at the Temples of Luxor & Karnak.

Our cruise lasted 7 days.

AS far as I can recall, we didn't moor up anywhere longer than overnight.
Maybe yours was just not as well planned to ensure any mooring was just overnight.

I didn't mean we were made aware of diesel fumes.
We were advised that it's sometimes necessary to moor alongside other boats and cross through their reception area to get on and off land.
I guess that diesel fumes wouldn't have been an issue with a larger, higher boat.


I hope the OP comes back to let us know what happens next.
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Thanks for all your reples.
As to whether Cosmos is liable for the horrendous black clouds of diesel on the pool deck (in my limited opinion given the age & state of some of these boats - nearly all the engines were producing black smoke which indicates that there is a problem with the engine (hse.gov.uk/pubns/indg286.htm) - I would say yes they are liable. Altho not to much a problem when sailing or just docked with a few boats, but when surrounded by lots I'd say at least 30 or 40 in the various lines (I counted 15 at one time in ours alone). The itinerary was poorly planned in that we had a full 3 nights & 2.5 days of this situation, given that my daughter was too ill to go out, we were trapped in our cabin unable to open windows or curtains! Even if we hadn't been ill, it would still have been intolerable. Surely Cosmos is repsonsible for the state of the boats they use & the itinerary planning?

As stated in my original post on return my daughter & I didnt realise the importance of getting stools tested properly, especially as we were starting to recover. Only one member of our group who has made the complaint to Cosmos had a positive stool test result of Shigella - Dysentry. But this person had exactly same symptoms as my daughter, & myself (mine was to a lesser degree).

I have provisionaly contacted the Law firm recommended on this website - Simpson Millar, they gave me comprehensive advice as to our options etc, but implied that without the person who has the positive Shigella Test we would find it very difficult to prove our case, also that Cosmos would deliberately try to delay the case & then offer a nominal sum prob £250 each in the hope that we would take it. I have forwarded all the info received incl all your replies to everyone concerned & am currently awaiting a reply from 2 members (person with positive Shigella Test) of our group as to whether they wish to proceed or not.

Will keep you posted as to what happens next, but agree this could be a long drawn out case if we decide to take it further.
The Solicitor has assured us that even if we lost we would have no fees to pay, as they take out insurance to cover this eventuality. Just a little worried, as have never used this type of Law Firm before. Can anyone offer any re-assurance?
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I am afraid that the information at hse.gov.uk/pubns/indg286.htm means nothing in your case. You are referring to the law as it applies here in the UK. Egypt is a sovereign country and have their own regulations.

Reading the comments you have posted from Simpson Millar I consider that is excellent advice. Irwin Mitchell are a reputable company but at the end of the day they make their money from taking people to court. Yes they do win many cases but there is no guarantee they will win this.

It really is a case of you making the decision how to go forward. We can only express our own personal opinions. Not really of great help I know.

fwh
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oliveoil54 wrote:
The itinerary was poorly planned in that we had a full 3 nights & 2.5 days of this situation


What was the published itinerary? Did it originally include 3 nights in Luxor? I have done a couple of Nile cruises, fortunately without problem, I remember that the two companies we used could not guarantee to exact itinerary because of congestion at locks (further down river from Luxor) and also due to the Nile water level which varies at different seasons.
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The standard "seven day cruise" is always four days cruising and three moored up in Luxor as to see all the sights of Luxor area can not be comfortably done in a single day or two. The boats are always moored several deep and the boats that Cosmos use are no different to the hundreds of others as regards fumes and state of the engines, some may argue that they are in fact slightly better than most - certainly the one I was one - Magic 2 - was great inside but sufferered from the exhaust emissions of surrounding boats, something totally outwith the control of Cosmos.

However, I agree that there seems to have been a failing on the part of the ship's crew as they should have been able to get Antinal for you before you reached Luxor. Likewise, they should have informed the Cosmos rep on the other boat who should then have arranged that.

Cheers,
Ralph
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We are recommending Simpson Millar as they were passed onto us by Ros Fernihough who, as many members will know, was a great help to our members for many years. :tup
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Looking at the itineraries on Cosmos websites for 7 night Nile cruises - passengers spend the last 3 nights (days 5, 6 & 7) onboard in Luxor. Arriving mid afternoon on the 5th day and disembarking around lunchtime on the last day. During this time the ships moor alongside each other and generally will "shuffle" around if one needs to leave before another. Engines are permanently running to provide power and a/c.

We've just returned from a week in Luxor and went to one of the Metropole cafes along the lower part of the corniche and found the fumes and noise wasn't much fun. However, we have cruised for 4 days on the Nile previously with Presidential Nile Cruises without any issue or inconvenience. The boats don't normally stack more than 4 or 5 at a time side by side - otherwise the would be stacked as far as the West Bank!

One of the worst things that happens when people are taken ill on holiday with sickness and diarrhoea is that a lot of them still continue in "holiday mode" and go in and out of the pool. With Nile cruises, the pools are much smaller than those found in hotels and it's all too easy to contaminate other people. This may explain the varying degree of illness between the passengers.

As a rule, the boat staff are usually very good at handing out the medication and if the problem started mid-cruise, there would have been plenty of places en-route to have got medication from any of the local pharmacies in Esna, Edfu and Kom Ombo so if the staff were aware of the issues it shouldn't have been a problem to supply you or for passengers to purchase along the way as necessary.

Shigella can last for several weeks and is a food borne illness that can cause dysentery. It may be possible it can still be detected in your system if you still have any symptoms. If there are enough of you who are in contact with each other from the cruise, it may well be worth you combining your complaint and efforts to form a Class Action as previously mentioned. Tour operators do not like Class Actions!

Shell
Limassol, Cyprus
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cyprus100
not all itineraries are the same.

This is what I said about our first Nile Cruise:
Our first one was really good, we boarded in the evening, then the following day we visited the West Bank & the Valley of the Kings.
We sailed the following day en route to Aswan stopping at the various temples.

We then returned to Luxor, moored up and spent the final day at the Temples of Luxor & Karnak.

Our cruise lasted 7 days.


So our mooring time in Luxor was spread out.

For some strange reason, I can'r remember the itinerary of our 2nd cruise but I'm posiitve we weren't moored for 3 days.

We were aware of the itinerary before we went and it sounds like the OP was too.
Unfortunately, unless you've been on a Nile cruise before or unless someone explains what happens when the boat is moored, you can't really understand how it works.

I can't see where the OP has mentioned the name of the boat or the name of the actual cruise, there seems to be a number of different cruise options on the Cosmos website.

As the days moored in Luxor are usually taken up by excursions:
West Bank
Temple of Karnak
Temple of Luxor

a lot of time is not usually spent on the boats whilst they are moored up.

Of course, as the OP has already said, because her daughter was too ill to go on the excursions they were forced to spend more time on the boat and suffer the diesel fumes.
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I used Cosmos' own website for my research and 2 of the 3 itineraries for 7 night cruises for 2010 certainly agree with the comments by the OP with the boats spending the last 3 nights moored up in Luxor. The other cruises displayed were not purely 7 night options.

We did a shorter duration (3nts/4days) sailing Aswan to Luxor a little while ago but that also involved an overnight in Luxor to allow for a trip to the West Bank on the last morning before disembarkation after lunch.

Our recent trip (we returned last Friday 24th Sept) indicated that Thomson, Travco and a number of others moor up for 1 or 2 days in Luxor before heading towards Aswan. We tried to see if it was possible to have an evening meal onboard for our last evening and visited 3 lots of "stacked" cruise boats one afternoon to ask.

Crossing between the moored boats, there was only 1 boat that we had to go down a step to get across to the next one, although I do recall we had to go down a deck on a previous sailing to get access to the next ship. It doesn't make sense to sandwich a smaller boat between two higher deck boats but maybe they did on this occasion rather than having to "shuffle" if the outside one was departing first.

They may spend 1 or 2 nights moored up at the end depending if any excursions to the West Bank take place at the beginning of the cruise. It seems to be if they spend the first night onboard in Luxor, the boat doesn't stay as long at the end of the cruise as they can do a West Bank trip in the early morning and sailing mid afternoon on the 2nd day. It all depends if the boat is a single tour operated boat or if it is shared by other operators and of course, on flight arrival times.

Even so, it would still have been possible for the crew or the passengers to obtain medication along the way from the pharmacies. Antenal is widely known to solve problems where Imodium cannot! I had to use it myself on the last day in Luxor in 2007 and was particularly worried as we were travelling on the overnight sleeper train that same evening. I was able to travel with no problem after being very sick since after breakfast (train departed around 11pm the same night) and arrived in Cairo the next morning none the worse for wear.

Unless the OP comes back with more info, we will be none the wiser.....
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There was no offer of Antinal onboard, at all. The 1st opportunity we were given to go to a pharmacy in Luxor was Sat afternoon. My daughter was taken ill Thursday evening & the relevant members of the crew were also aware of this. Fri am I was also made aware that 5 other people had been taken ill, as well.

The boat was called the MS Nile Diva, and the stacking of the boats weren't just 5 or 6 in a line, there was also another line in front of the boat & another one behind the boat - as I said before I counted up to 12 boats in our line, & similar numbers surrounding us!

Hindsight is a great thing, if I'd known the consequences of being moored for effectively 3 nights, 2.5 days, I prob would not have booked even if we had been ok. Most of the tours were very early in the morning to beat the heat, so relaxing either on deck or in one's room (couldn't even draw the curtains, never mind get any air!) would be necessary for the rest of the day - unless you are brave enough to venture into Luxor on your own.

Also altho the Antinal helped it was not a miracle cure, my daughter was still experiencing sickness, diarrhoea & cramps even when she was back at home.
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Sorry for delay in replying, just heard from Cosmos, they have offered £440 each to all of us claiming (approx just under half cost of holiday), it compromises £340 total cost of accomodation (apparently 60% cost is the flight - which they wont refund), & gesture of good will of £100. But dont accept liability as there is no definite proof we all caught it onboard.

Having spoken to the rest of my fellow passengers, we have decided to accept even though we probably do have quite a good case for getting much more. Given that Cosmos have actually offered quite a reasonably good sum & fairly quickly ie within 28 days, they obviously are trying to ensure damage limitations by offering this much straight away. But have decided that we dont want the hassle of a long drawn out claim, which may only result in the same sum being offered.
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Sorry forgot to add - Just thought I would let everyone know & thank you all for your suggestions & advice.
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Many thanks for getting back to us :tup Glad to hear that the stress is now over with. Take care and please still visit the forums :cheers
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That is great news :tup
An interesting observation:

oliveoil54 wrote:
(apparently 60% cost is the flight - which they wont refund


Not that old chestnut again. I just don't understand how these operators get away with such calculations. It is a totally flawed argument.

Example:

Holiday 1 cost £1,000 per person and is at a 3 star resort

Holiday 2 cost £2,000 per person and is at a 5 star all inclusive resort

Both resorts are the same and the holidays are taken at exactly the same time with the same tour operator using the same planes.

How can Holiday 1's flight cost £600 and Holiday 2' flight cost £1,200?

Such a flawed argument - if it ever came to a Court - would be very difficult to be justified by a Tour Operator. The difference in price between a week's and to week's holiday and devide that by 7 would be a much more accurate calculation of how much is allowed for daily accommodation cost or for the likes of Virgin Holidays the extra night's accommodation cost.

Thoughts?

Mark :)
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Glad you got it sorted, Olive.

Mark:
What an interesting point you've made.

I'd not considered it from that perspective before but what you've said is totally sensible.
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