This is awful 5 days !!

Please check this link to our Holiday Advice Centre which covers this situation:-

Holiday Advice Center-OVERBOOKED HOLIDAY WHAT CAN I DO?

Hope this helps.

Glynis, your link above doesn't work when I try it.

Billyjam,
you're not asking much are you ? Just £30 and an apology. personally, I'd skip the apology as it will be worthless and not offered with any feeling. I'd also go for the jugular. My first reaction is that cancelling so close to the departure date (within 14 days of dep.) and after you have paid your final balance (presumably) you should be awarded somewhat more than £30. I'd guess the true cost will relate to the total cost of the holiday. Clearly, a 4 night short-break costing £250 each is less likely to result in a large claim compared, say, to a fortnight, all-inclusive costing £1800 each.

I'll look into this but would strongly recommend you contact Ros Fernihough on 01922 621114. She's a very experienced, specialist travel solicitor who will advise you as to your rights.

Mike

Billyjam,
look at the Abta website using this link http://www.abtamembers.org/reference/currentcode.pdf

Scroll down to section 2.1 where it details Cancellation by Principal.

I know you booked with Thomas Cook and I'm guessing that you did so direct rather than in a travel shop. I'd guess that Thomas Cook is the Principal in this case.

sub clause (ii) states that reasonabl compensation should be paid if the cancellation occurs after the balance due date and the nearer to dep. date the higher that compensation should be. Forget the Force Majeure bit - a Principal has control over it's sub-suppliers (a hotel) and it's quite possible for a hotel to overbook if checks are not in place. With proper booking procedures overbooking can hardly occur therefore it's anticipatable, avoidable and hence NOT classed as Force Majeure.

Sun clause (iii) suggests that when it became evident that the hotel was overbooked the Principal should have immed. warned the Retail Agent or, if you booked direct, you, the client. They should have offered alternate travel arrangements - that could have included the same hotel but flying on different dates, or even an alternate resort but with comparable accommodation. They should have made the effort to offer these alternatives rather than go straight to the cancellation and refund.

Clause 2.4 particularly deals with a Principal overbooking. Thomas Cook, should show that they exercised reasonable care and skill in attenpting to avoid the overbooking. You could write to ABTA and ask them to request written proof from T.C. as to how they achieved this. Sub-clause (iii) basically puts the burden upon T.C. shoulders to find you an alternative holiday. It doesn't say alternate hotel, resort, dates it states ALTERNATIVE HOLIDAY. This to be of AT LEAST comparable standard if available.

That gets you back to the prospect of an alternate resort or dates.

Now, if they've nothing available and/or the offers don't suite you I would expect you should get a full refund from T.Cook, be able to look at the marketplace, select a comparable holiday elsewhere, note the difference (if any) and charge that to T.Cook. I doubt they would be able to defend themselves in court against that approach.

Monitor all your costs in this endeavour and charge those (with receipted proof) to T. Cook also.

let us know the outcome.

Mike

Link to Holiday Advice Centre should now be working. Please let me know if you still cannot access.

Works a treat now Glynis - thanks.
Billyjam, if you booked a package from Thomas Cook then the 1992 regs will apply; if T. Cook is acting as an agent the ABTA rules will apply if you claim against T.Cook although they may have retailed you a package provided by a Principal - who may also be Thomas Cook.

I find this aspect of determining who is responsible, which rules apply and from whom you claim to be unnecessarily complicated. It would be nice to think that your documentation should spell out what regs. cover you and with whom you are contracted - read your booking paperwork and this mey clarified.

The 1992 Package Tour regs. are worded in a similar manner to the ABTA rules. The excuse of overbooking is just acceptable. the determination of the value of the compensation is typically unclear. What seems perfectly clear to me however is your right and quite rightly so, to be compensated in addition to receiving a full refund it that is your desire.

I would in the first instance ask T. Cook to state, in writing, how much compensation they are inclined to pay. Work on the assumption that they will try to pay the absolute minimum. Disregard and clauses in their booking terms and conditions that restrict this compensation to unrealistically small amounts - a court would deem such a cluase as unreasonable. Like I said earlier, look at alternate providers, hayes & Jarvis, Kuoni, ITC in Chester - you are entitled to a replacement holiday at least as good as the one cancelled.

Good hunting.

Still waiting for a reply from Thomas Cook. We were very restricted for choice at such short notice but managed to pick up a late deal with Thomsons going to Marmaris on a self-catering basis. Not quite what we had expected for our 30th Anniversary but better than staying at home.

The compensation isnt my top priority as they have lost out anyway because we holiday 3 or 4 times a year and will never again give our custom to Thomas Cook.

All I wanted was an explanation and apology for the disappointment suffered but I might have a rethink on that after all your kind help.