‘Our £5000 honeymoon was a nightmare’ how you can avoid the same

This couple’s trip to Australia was almost ruined by airline bungles but the
holiday firm that took their money denies responsibility. We explore the
holiday booking pitfalls

Kevin Arrowsmith and his bride-to-be, Melanie, spent £5,000 on their wedding
and honeymoon in Australia, but when things went wrong the travel agent that
took their cash was far from willing to resolve their complaint.

The couple, along with their baby son, Alfie, had booked flights to Brisbane
and bought £2,000 in foreign currency cards from Thomson Holidays because
“they are a trusted shop and we were promised a cot for our son on the
plane”, Mr Arrowsmith said.

But when the family landed, Mrs Arrowsmith’s wedding dress was missing. Their
luggage had been left behind when they changed flights in Paris. This was
after a 13-hour flight in which the family weren’t allowed to sit together
and Alfie had to sit on his father’s lap.

The missing bags turned up two days later but only after the couple found
out that their Thomson Money currency cards didn’t work. They were forced to
borrow cash from family and friends in Brisbane.

Mr Arrowsmith said: “We lost two days of our holiday as we were anxiously
waiting in Brisbane to find out where our bags were.”

The couple are still pursuing a complaint with Thomson, two years after their
holiday, but are being passed between different subsidiaries of TUI Travel,
Thomson’s parent company.

Their case highlights the pitfalls of booking with a travel agent, who may
blame any holiday horrors on a “third party”.

The baffling Thomson complaints ‘process’

Mr Arrowsmith, who is 41 and owns a small business, said the handling of his
complaint was a process of “utter confusion” during which he had been
contacted by 11 different Thomson customer services employees. “Every time
I speak to someone, I have to go from the beginning, providing receipts and
references. It really is frustrating,” he said.

Mr Arrowsmith took his complaint about the Travel Money cards to the Financial
Ombudsman Service. He gave the ombudsman a history of transactions to prove
that the cards did not work and was awarded £250 compensation for
poor service and “misleading advice”.

But resolving the problems with the airline proved more difficult. Although
the Arrowsmiths bought their holiday in a Thomson shop, the lost luggage
was apparently a “third party” issue.

This is because the flights were actually provided by another TUI Travel
company, Austravel, which bought flights from Malaysia Airlines.

Mr and Mrs Arrowsmith pictured on their wedding day, after their luggage
and the wedding dress had been returned

A letter from Thomson’s customer services team told Mr Arrowsmith it would not
consider his complaint because it “willl [sic] need to be chased with the
store directly as they wil [sic] be able to chase this directly with
Austravel as it seems your complaint isn’t with Thomson”.

Thomson told Telegraph Money that the “third party” company was always
responsible. “When the complaint relates to our own Thomson or First Choice
holidays, we are able to process it directly. With third-party bookings, our
retail staff are trained to offer support and advice, such as passing on the
matter to the third party company responsible, in this instance Austravel.”

But Austravel said the complaint concerned Malaysia Airlines, which lost the
luggage in the first place. The airline was not available for comment.

What the experts say

Andrew Leakey, consumer lawyer at Stephensons Solicitors, said there was a
potential breach of contract by Austravel or the airline by not providing
the contractually agreed cot and by losing the luggage.

“Damage for the lost luggage is a direct cost, and the customer would need
receipts and credit card bills,” he said. “There is then a further claim for
the loss of enjoyment holidays are the rare occasion when this applies.”

Mr Leakey recommended sending a letter to Thomson and Austravel, setting out
both claims, with a demand for funds at the end. “If that doesn’t work, the
case may need to go to the small claim court.”

Holidaymakers’ legal rights can be complex in situations where multiple
providers and multiple jurisdictions are involved, said Adam Carr, a
commercial lawyer at Linder Myers Solicitors.

“Although the complaints process has been frustrating for this consumer,
Thomson’s has provided terms and conditions from the outset which clearly
state that any complaints would be referred to the supplier, which in this
case is Austravel.

“If a satisfactory resolution is not reached, an escalated complaint could be
made to a dispute resolution body. In any event, consumers are strongly
advised to carefully read the fine details within their terms and conditions
before booking their journey.”

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What to do when holidays go wrong
=

1. If you’re unhappy on holiday, speak up

Let your tour operator, airline or hotel know straight away if there is a
problem. They may be able to fix it there and then. If not, you have
evidence that you gave them the opportunity to resolve the problem. This
will be useful should you wish to complain later.

2. Put it in writing

Write a letter to your travel agent, or whoever you bought the holiday from,
setting out why you feel the contract or booking conditions have been
breached and why you feel you are entitled to compensation.

Photographic evidence or proof that you complained while on holiday will come
in helpful.

3. Seek (free) advice

Contact a free consumer service, such as Citizens
Advice (0345 404 0506) , to find out what your rights are.

4. Take your complaint elsewhere

If your complaint still isn’t resolved, you may have one more option before
approaching a small claim court.

The next step is to approach one of the two main holiday industry bodies, Abta
(for tour operators and travel agents) or the Association of Independent
Tour Operators .

Both offer a dispute resolution process if you bought from a travel company
that is a member.

If the company is an Abta member, you must write to it first, and it has 28
days to respond. After that, you can register
a complaint with Abta.

If Abta can’t settle the complaint this way, you can use its arbitration
scheme. It is free to use if you win your case; if you lose or are awarded
less than the company has previously offered in compensation you pay no
more than £264.

It costs £108 for claims up to £3,000, £180 for claims between £3,000 and
£7,500, and £264 for claims between £7,500 and the upper limit of £25,000.

Members of the Association
of Independent Tour Operators subscribe to a mediation service that
costs £120.

Maximum compensation is limited to £2,500 per individual or £10,000 per
booking and the dispute should be decided within 49 days of your
application.

If your travel agent is not a member of either body, you can still have your
court costs covered. Check whether you have legal expenses insurance as part
of your travel cover, home insurance or vehicle policy. If you are a member
of a union or trade group, for example, you may also have cover.

kate.palmer@telegraph.co.uk

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