We went on a Thomson Couples holiday last August to Croatia. When we arrived, the hotel staff took our luggage but were interrupted by a thunderstorm. They ran for shelter, leaving the suitcases in the downpour. Our belongings were soaked and some permanently damaged.
The hotel was apologetic and very helpful, and a Thomson representative agreed to refund 10% of the cost of the holiday (£409.80). I subsequently received a letter from Thomson at the beginning of October confirming this and promising payment “shortly”.
Since then I have telephoned Thomson (staff promised to phone back but did not), visited a Thomson shop, emailed, and sent a registered letter. The last contact was a phone message in early February assuring me there had been an administrative error and that she would personally issue the cheque within 21 days. Still nothing. NMcM, Rochdale, Lancashire
We checked with Elizabeth Tetzner, a solicitor specialising in international personal injury who works in the Birmingham office of Irwin Mitchell.
Package holidays are covered by the Package Travel Regulations 1992 which mean holidaymakers can bring a claim for compensation and damages if they can prove their property was damaged by the tour operator, their servants or agents. You can obtain a complete refund if there is “a total failure to perform the contract”. This was not, of course, the case with your trip – but you were still entitled to compensation for the damaged clothing, if Thomson admitted fault.
A Thomson spokeswoman told us: “We would like to apologise to NMcM for the delay in processing his payment, which was due to a system error. We can confirm that he has now received the payment and the matter is resolved.”
We think nine months was an unacceptably long time to keep you hanging on and we pressed the company for a goodwill gesture. It is sending you £50 of vouchers to put towards another Thomson holiday.
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