Whilst this hurricane may have been an act of god, there were warnings early enough from international meteorologist around the world, forecasting that this was going to be one of the worst hurricanes to hit the US.
Even with these early warnings, the TO still chose to proceed with the scheduled trip, therefore, the TO is to blame for the actions they took.
Driver02
No-one is saying that people on this forum are not entitled to an opinion. Relax.
It's just that maybe some of us know more about this problem than others.
My sister was one of the people who was flown out to Cancun on 18 October by Thomsons, despite the hurricane being forecast to strike the Yucatan peninsular within the following few days. This weather warning was confirmed by the National Hurricane Centre and the Travel Advice Unit of the Foreign and Commonwealth Office in London on that date.
Leaving home the day before to make her way to the Airport , she, like all other travellers on that date, were unaware of this warning.
If you had been on that flight, you too would have been unaware of the warning.
So little had been reported on British TV during the previous few days about the hurricane, that travellers could only put their trust in their Tour Operators and hope that they would not knowingly fly them into a potentially dangerous area. Sadly they were badly let down.
Tour Operators should have been more pro-active than they were in researching and judging the risks involved. The fact that they did not heed or investigate these warnings further leaves them open to the criticism they are now receiving. And rightly so.
Interestingly, my sister met a family who rang their Tour Operator a couple of days before they were due to fly out to Cancun at around the same time, and asked if they could cancel their holiday because of the impending hurricane....their Tour Operator's reply was .."Hurricane....what hurricane?!"
Please don't knock these peoples' claims. If they have been informed by professionals that they have valid claims worth fighting for, then why should others accuse them of being swayed by ££££signs?
Whatever your opinion...or my opinion...might be, these people experienced nightmare conditions in Mexico during Hurricane Wilma. And they could have been avoided if Tour Operators had acted in a responsible fashion, and taken the decision not to continue flights into Cancun, rather than take the view that so-called hurricane procedures could be put into practice if the worse happened. That risk should not have been taken. Driver02 sums it up in his last post.
I wish these people well in their claims. If you had been one of those passengers, you too might have been one of the claimants.
the merits of compensation etc I will leave to others but to say there had been no information or news on hurricances in the area I do find stretching the truth a little.
Kind Regards
Stewart
How would the holiday makers have reacted if Thomsons at the Departure airport had said No flights and No refund, chance you took booking in the Hurricane season. I seem to remember its in the Thomsons brochure when the hurricane season is.
Maybe what is needed is for the Tour operator to get a disclamer signed at the time of booking.
And the holidaymaker to try and take out insurance for the full refund.
And the statement about "so little on uk tv" sorry I live in Qatar and watch SKY NEWS plenty on there some 5-6 days before it hit.
EVERY one took a chance the Tour op and the Holidaymakers this time it went badly wrong.
As for your point about the likely reaction of holidaymakers being told at the airport that their flights to Cancun were being cancelled.....I am sure that many posters on this forum would have preferred that to being in the position they are in at the moment. Tour Operators SHOULD have cancelled these flights...before these people set out from home, if they were acting responsibly.....because, that way, their clients would have been offered full refunds or alternative holidays.
Surely that would have been better than the terrible experiences they did have?
Some people on this forum seem to resent the fact that these victims have a case for higher amounts of compensation than they have already been offered. I simply cannot understand why.
http://news.bbc.co.uk/1/hi/world/americas/4352192.stm
The above mentioned link was a BBC report on the 19th October, the date one of the members in this thread departed for Mexico. It clearly states that it could hit Mexico and that it was just upgraded to a Catergory 2 storm.
What would have happened if the hurricane did not hit Mexico and all T/O's cancelled the flights. Would we now have a string of postings in here claiming compensation because a T/O cancelled flights for nothing?
Mark
Tour Operators SHOULD have cancelled these flights...before these people set out from home, if they were acting responsibly....
Yet again that word "Responsible" and yet again no acknowledgemnt that the holidaymakers had any!
Some people on this forum seem to resent the fact that these victims have a case for higher amounts of compensation than they have already been offered. I simply cannot understand why.
Perhaps it is because many have been offered compensation and are wanting more. I doubt that anyone begrudges that some offer of recompense has been made. Perhaps some of us see "Greed" is driving many of these claims. Particularly when you start with no win/no fee claims - something for nothing. If you have a good enough claim then you do not need that system. The fact that ITV is paying is an indicator that whatever the outcome they will get some very cheap programmes out of it.
If this sort of action becomes the norm and people continue to book holidays whilst knowing the risks - and yes you do know that when you book a holiday to a destination in that area during the hurricane season - then the TOs will either impose conditions that everyone will be afraid to go, or, the cost of holidays will be so high that nobody can afford them.
People really do need to consider where this blame and claim culture is leading. No one is accepting that it is just possible that they may have been at fault or they may be responsible for their own actions.
fwh
Opinions are fantastic things, you dont agree with someone then you usually get shot down unless of course you actually respect others opinions.
If you have a case and can win go for it, i cant imagine anything worse than the thought you are going to die and this is it and having no one to turn to... i presume everyone felt this way including all staff from everywhere. Blame everyone, everyone had a part to play, yourself, tour operators, reps, staff at hotel, GOD....
I wish you all the very best of luck and hope whatever you get back is enough to compensate.
You all know now not to travel to beautiful far away countries which suffer from extreme weather that we in the UK will hopefully never experience.
If only.... and what if.....
I think our moderators have tried their hardest to keep this forum on the right level. Maybe it should be changed to advise how people are getting on with their claims rather than who was to blame? I think you would all find it alot more helpful?
oh yeah my cousin was out there for her anniversary so regardless of not being there myself and experiencing the worst imaginable i know i would find it more useful to find out how others are getting on so i can advise her accordingly.
BTW: I respect everyones opinions on here, may not agree with some but respect them.
Maybe it should be changed to advise how people are getting on with their claims rather than who was to blame? I think you would all find it alot more helpful?
Good suggestion Ally23.
Unfortunately I suspect there'd be little to report as it appears to me there's lots of talking (and posting) but little real action being taken.
Speaking generally rather than on any one persons situation it might be worth asking yourself the following;
1) Can it be proven that the Tour Operator went against advice provided by either the Foreign and Commonwealth Office or the Met Office ?
2) Can it be proven that the hotel or Tour Op. rep failed to provide assistance or to provide a safe haven in which to weather the storm ?
3) Was assistance refused when medical attention was needed ?
4) Did the T.O. or their agents fail to remove you to a point of safety at their earliest opportunity (ie. flights out when the airport opened) or a storm shelter/dry basement prior to extraction flights operating ?
5) Can you prove there was a definate danger in travelling to the region when you did and can you prove you brought this to the T. Ops attention ?
6) Did you request a cancellation or alteration to you holiday and was this refused by the T.Op. ?
If most of these can be answered with YES you should already have started legal proceedings. If the answer is generally NO then carry on posting as you'll get little satisfaction from the courts beyond what may have been offered already by the T.Ops.
Remember, much as I hate this, they will rely upon Force Majeure as their defense and I think you'll be hard pressed to beat it.
Hope this hasn't upset too many of you but there comes a point where you must put-up or shut-up.
Mike
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Edited by
MikeCunliffe
2005-12-22 12:05:09
I'm sure that many of you who did not experience the hurricane and the fiasco that went with it , would have a different opinion if you had.
Yes everyone does have an opinion, BUT CHILL OUT, COMPENSATION WILL NOT BE DEDUCTED FROM YOUR BANK ACCOUNTS!!
If you felt you had such a strong case why did you not just take legal action on your own? As someone said to me about this there is a lot of talking and very little action. Are you sure that you really are taking action because you want to? That you have not just convinced yourself that you were blameless, or is it a case of someone else is paying? You do of course realise that the TV company is more interested in making a programme than if you had a bad time. It will sell advertising either way.Thats Showbusiness!!!
I have followed this thread for sometime now, yet still fail to see what your problem is.
If those involved decide to proceed with whatever option is available to them, then it's their decision, they must account for the decision they make, by the same token , the TO must be accountable for the decision they made in proceeding with the scheduled trip.
From the wordings in your post's, you appear very uptight or stressed out about their decision to proceed with litigation, whatever the outcome is, this will not effect you or me personally, therefore, let them go ahead with their decision.
As your post indicate you strongly disagree they have a case, I believe they do have a case for the TO to answer, only one person can decide the outcome, and that is the judge.
IMHO, you need to chill out a little, and let's wait and see what the outcome is.
Driver02
I think we all need to step back a little on this thread.
I think we should all be thankfull for everyones safe return and think about those who lost everything. When you stepped off the plane home you had only lost some days of your holiday, not you home, your belongings or members of your family. Yes indeed claim for the unused aspect of your holiday and what you may have been out pocketed by. But going on a TV programme and boasting about 150% is just god dam disrespectfull to those who were truely affected .its a sad day when all people care about is compensation
Oh and I was caught up in a hurricane a few years ago so I do know what its like and I am not disputing what people experienced.
And as far as not coming from anyones bank account, it will if tour ops decide to up the cost of holiays by the 50% extra you hope to get.
what a decent idea.
I've been to two of these three Cancun, Cozumel and Playa Del Carmen (can never remember the one I haven't visited) and I recall the glitz and glamour at the sea front and surrounding the hotels. Get back inland a few streets and it's 3rd world poverty in your face.
Mike
why aren't my posts showing on here?
Hello Emma-d
My opinion is that these holidaymakers have the right to pursue further compensation on the grounds that their TOs should have not taken the risk of flying them into dangerous areas, even if there was the slightest chance of the hurricane hitting Mexico.
I wish them well with their claims.
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