I support Tootsie's stance in this matter.

I've also had some invaluable help offered on this site, not just holiday complaint information, but travel info BEFORE booking which greatly helps to reduce the need for complaining afterwards.

I try to repay that help with advice where I think appropriate....and I learn from my mistakes.

Sorry admin. for posting copyrighted material earlier - thanks for removing it.

Tootsie has suggested you call Ros Fernihough. I second that, Ros and her team (Pam in particular) are very helpful, extremely knowledgeable and meticulously professional. She won my case a few weeks back.

Mike

it's a bit european to think that in an event such as a hurricane or any natural disaster that someone should/could fulfill their job duties, wouldnt it have been easier for someone,(not just rep) to rally others to do a head count, check if all was ok, why one poor guy, who as has been said before, hadnt predicted or more importantly had any training in dealing with situations such as this, if you could be trained even, a bit silly i know, but that a leaf out of drama 'LOST' not point finger at who did or didnt do what, just get together and get it done.

Scally
my point about the head count was that the only person who knows who should be there is the rep. He had a list of which of First Choice's guests were staying in our particular hotel. We as guests certainly didnt know the names of the other First Choice guests. In a hotel with nearly 2000 guests, how should we go about finding our fellow Brits and what list do we check them against???
He knew the hurricane was coming as he told us about our evacuation procedures on the coach from the airport. If First Choice couldnt count on their rep at least to do a head count they shouldnt have flown their customers into a potentially risky situation. They were worried enough about the risk that they had a plane waiting at Cancun to immediately fly the crew out to Miami for their own safety. I heard this from one of the crew during the outward flight.
Bridd

my husband and I were also in mexico, travelled on the 18th, and i must say that at our hotel the mexicans could not do enough for us at what must have been a very trying time for them. However the tour reps from first choice and thomas cook who were meant to be looking after us (our direct holidays rep was moved) were rude and unhelpful to the point of telling lies.
On our return to the uk I rang Ros for advice and was informed that we were not entiltled to any recompense except for the the days that we missed out on in returning to the uk early and possibly claiming the damage to luggage etc from our travel insurance. Our suitcases and clothes became very damp and smelly.
On Saturday airtours sent a voucher for 60% of our holiday to use with them in the future. Could someone please advise wether this is a good settlement or should we press for more?

Wasue, to try and answer your question we need to know how many days duration the holiday WAS supposed to be and how many you actually had in the resort.

You report that Ros confirms you are entitled to a refund of the days lost so, on a 14 day holiday 60% accounts for 8 and a half days missed.

Regarding them offering a voucher - there'll be a time limit attached to such. Push them to extend the limit considerably if you are happy to travel with them again otherwise demand money. If they are legally obliged to refund at full rate for lost days there'll be no legal provision for them to do so by way of a restrictive voucher.

I once had a few hundred quids worth of Virgin Atlantic vouchers. The expiry was looming and I was able to extend for a further 18 months - but only once. We never used them as the savings were nullified by the extra cost of their published fares compared with other carriers at that time.

If you have the vouchers in your hand, request money before parting with them. If they refuse this, photocopy them and return via recorded delivery to ensure they receive and sign for them.

Mike

Mike
Thanks for the info. Holiday was originally 14 days leaving on 18th oct and returning on the 1st nov. We were taken to the DR on the 26th oct and then flown back to the uk on the 29th oct. The hotel on the DR was actually worse than the conditions we left behind in mexico. But I will be in touch with Airtours and see what they say.

Wasue,

Mike has a point about the true value of holiday vouchers. They are never worth as much as you think when you find that other operators are offering cheaper holidays, so beware.

But please consider what I said in previous posts about the fact that if the hurricane warnings from 17 October had been heeded, your tour operator should have at least contacted you before you left home to warn you of the risks, and, more responsibly, cancelled all flights into Cancun from that date until further notice. Instead they chose to ignore the warnings.

At least one US Airline, US Airways, cancelled all their flights to Cancun on 18 Otober because of the hurricane warnings.

British tour operators, though, did not seem to see the hurricane as a problem for some inexplicable reason, presumably hoping that it would change course and not hit Mexico.

This was a risk that professional Companies such as they should not have been prepared to take. Unfortunately they did, putting the safety, and even the lives of their clients in potential danger.

I do think that this point is being ignored by those giving advice on your rights....and you should make sure that any professional advice you seek, addresses this issue.

Some people on this forum have already been offered a 40% refund of their holiday costs, those travelling the day after you have been offered a full 100% refund, the reason being that they were apparently taken straight to evacuation shelters.

So what does that say about the responsibility of British tour operators...that they were prepared to send holidaymakers out, knowing that they were in immediate danger?

Don't think that what they've offered you is acceptable! The fact is that you shouldn't have been there in the first place if they had cared sufficiently for your well-being!!

On this basis alone, you should be fighting for either a full refund....or at least a replacement holiday to the same value.

Just a question for pp for justice,didnt they put thier own lives a risk by boarding the flight in the first place it was well known days before they left the hurricane was going to hit that area.

It WAS well known that the hurricane was on its way. you're right.....so why did one tour operator, at least ,say that there were no problems in travelling when holidaymakers rang them for advice on the 17 October and later. Their response was "Hurricane...what hurricane?"

I still belive every person has his own mind I for one belive my life is worth more than money lost by making my own mind up about the situation never mind what the tour ops reply was.The tour op losses nothing if you dont get on the plane they have your money.
I worked in Saudi prior to the 1st Gulf conflict ( 7klms from the Iraqi border) But decided to stay that was MY decision.
The whole thing is about money not endangering life.

Wasue,
thanks for the info.
I would argue that your move to the Dom. Republic being at the behest of the Tour Op. was the point at which your 'true' holiday ceased.
Assuming you stayed the night of the 18th Oct in Mexico, and each successive night through to and including the 25th, this amounts to 8 nights. You should without question receive 6/14ths of the entire holiday cost without argument.

There's then the question of damages for inconvenience, distress etc. This is difficult to quantify but a court would make that decision for you.

6/14ths is almost 43% of the holiday duration. The offer of 60% is not therefore unreasonable. Your decision must rest upon the value you place upon vouchers only redeemable with the very cmpany you feel treated you with such disdain.

My advice would be to request a cash refund rather than vouchers, but thank them for the tacit admission of guilt. If they refuse to compensate in cash (cheque) seek legal advice as to the viability of your case and place the matter in the solicitors hands if they so advise.

Aunty GG
There's been much discussion on thsi thread, most of it emotive rather than legal. You can discuss this further - and get no redress from the tour operator, or you can follow advice previously given and contact Ros Fernihough.

I strongly recommend you 'phone her and please let us know the outcome on this thread.

I can offer no further help beyond that already given.

Good Luck
Mike

I have been reading this with interest from the start and have been meaning to ask the same question all the way through but have held back but as it has practically been asked......

Why did people get on a flight to Mexico when all over Sky TV for at least 7 days before there was reports of a hurricane coming.

Would the travel companies not have refunded you the money or re-scheduled your holidays to a later date.

I was in Canada a fortnight before the hurricane struck and was just about to book to Las Vegas and then Cancun until we saw the projected path of the hurricane so we opted to do Las Vegas and then Mexico but on the West coast at Puerta Vallartta and even then we still got a lot of the rain from it.

As I say my sympathies are with anyone who has saved hard for a well deserved holiday to have it ruined but wouldn't the holiday companies have let you cancel till a later date.

John

Hi John
As I am the original poster of this topic I will answer your question.

I arrived in Cancun on 11th October for a 2 week Holiday .We knew about Hurricane Wilma on 17th and our concerns were voiced to our reps.To which they replied "It will be alright if it as bad as Hurricane Emily they will evacuate us for a night " and not to worry it wont hit us as it looks like it might head to Cuba .We then watched TV for 3 days watching this storm get closer.We then said why dont you fly us out either home or somewhere more safe in the region .They replied ."We will be okay and to follow any evacuation notice that the hotel made.
Why didnt Thomson return home or to The Dom Rep with the people that arrived on 18th/19th October and also give any worried customers in Cancun a chance to fill any empty seats and take them to safety The bottom line for us was We where in Cancun and we didnt have a choice we where in their hands .Thomsons view is it was taken out of their hands by the Mexican Government ..Regards Stevie

Ok Steve understood and as I said its a shame it was all spoiled for all the families concerned.

John

Thanks for the input Mike. As for the fact that people still went to Mexico when Wilma had been predicted, my information on the 17th was that it was still to early to tell wether she would hit Mexico or not. On CNN news on the night of the 18th she had been nicknamed wandering Wilma because she changed direction and strength so much. When evacuation to the shelters began it was predicted that it would last for around 12/24 hours and after a clear up things would be back to normal. As everyone is aware this was not the case because Wilma stayed for 3 days and caused major devastation leading to the evacuation of all tourist. If tourist refused to visit these countries in hurricane season it would have a major impact on their economy for the months of July through to end November. If you only did things when you are certain that the weather will not let you down it would be a boring life!

John, with regard to tour operators letting you cancel before departure, we were due to go to the Riviera Maya in Mexico on Sunday 23rd October. On the previous Monday (17th), I heard on Radio 2 about the possibility of Tropical Storm Wilma becoming a hurricane and heading for the Yucatan. Despite desparately wanting to go back to Mexico (4th time in 4 years) we decided we didn't want to take the risk, especially as we were only going for 7 nights, as by 19th Wilma was a category 5 hurricane and looked certain to hit the Yucatan. We contacted our tour operator many times over the next few days to try and change destination but were told we would lose our money (£2300) if we cancelled and the decision to cancel had to be the tour operators. Eventually, we received a telephone call on the Saturday afternoon (22nd) to say that all flights to Cancun were cancelled and we were given the option of re-booking or a full refund. The only available alternative (given that it was half-term and with 24 hours notice!) was Turkey, which we accepted. We would not, however, have chosen this destination as we had been to the same resort earlier in the summer. We consider ourselves very fortunate though that we were spared from some of the horrors that others found themselves facing.

I find it strange though that people who departed on the 18th have been offered compensation in line with ABTA guidelines, whereas those who departed on the 19th were, I believe I read on here, offered full refunds? I agree that this seems unfair to those who 'gained' one days holiday.

Cazz

Cazzholly - could you possibly tell me which tour operator you travelled with.

I travelled on 18/10/05 to Cancun.

I have been told by Thomsons that the people who travelled out on the 19/10 got full refunds as they were put straight into shelters.
This is not totally true as people who booked into our hotel (arriving 19/10) were never put in shelters but have still received their full refund.

Hi Salsa,

We were travelling with Thomas Cook who cancelled us on the 22/10, though I believe this was in line with Airtours and First Choice who also pulled flights from the Saturday. Sorry about the situation you are in .... I can understand your frustration at people who arrived a day later getting a full refund ... I would be annoyed in that situation too.

Cazz