View Full Version : all inclusive deal changed (Thomas Cook)
rogersides
26-11-2003, 12:19
Hi, I booked a holiday through Thomas Cook, which offered all inclusive scuba diving. What a deal i thought and snapped it up. However, in their new brochure inclusive scuba diving is no longer an option, and it seems that we will now have to pay.
On the original brochure that was shown to us at the time of booking, there was a note saying that the information in the brochure was subject to change, and so Thomas cook say that this covers the change in the contract made with us.
We've also spoken to the office of fair trading, and their initial thoughts are that Thomas Cook are covered by this note, but they are going to get back to us after speaking to someone more senior.
I want to go on this holiday (the original one), but the extra expense of having to pay for scuba diving that i thought was included in the cost is rather anoying.
I can honestly say that Thomas Cook have lost all future buisness from me. Hayes and Jarvis here i come!
Can anyone suggest any other anenues that i have not pursued yet?
cheers,
Roger
Hi, I booked a holiday through Thomas Cook, which offered all inclusive scuba diving. What a deal i thought and snapped it up. However, in their new brochure inclusive scuba diving is no longer an option, and it seems that we will now have to pay.
On the original brochure that was shown to us at the time of booking, there was a note saying that the information in the brochure was subject to change, and so Thomas cook say that this covers the change in the contract made with us.
We've also spoken to the office of fair trading, and their initial thoughts are that Thomas Cook are covered by this note, but they are going to get back to us after speaking to someone more senior.
I want to go on this holiday (the original one), but the extra expense of having to pay for scuba diving that i thought was included in the cost is rather anoying.
I can honestly say that Thomas Cook have lost all future buisness from me. Hayes and Jarvis here i come!
Can anyone suggest any other anenues that i have not pursued yet?
cheers,
Maybe you need to look at the contract again. Although all in
brochures there is a clause that says they can change it. This
is not cart-blanche to do what they like. In all the cases I
have dealt with, they must offer you the choice of accepting the
changes, cancelling the holiday with a full refund or finding
an alternative holiday of equal standard etc.
If you think about it, you could book for the Red Sea and they
turn round and change the destination to Alaska, So logic says
(otherwise it is an unfair, and thus illegal contract) you must
have a get-out clause.
The other point is that the holiday booked MUST BE from the
current edition. There can be quite dramatic changes between
each issue, so did the travel agent book it through there
(current) shop copy or were you reading it from your own
earlier version that you took in?
If it was the shop version when you booked then, they may be
culpable.
Look at the small print again.
TerryH
Bren Tierney
26-11-2003, 13:41
Hi Roger,
You are right, this does appear like shoddy treatment; and rather a poor "well we're covered by a nebulous 'catch-all-get-out-clause'" saying words to the effect of 'details are subject to change....along with our underwear) etc.
This kind of 'rider' statement usually pertains to flight times/airport or airline changes, which an operator makes when it's faced with a situation where it's failed to sell enough seats on a flight or contracted rooms and then decides to consolidate its 'deals' with another operator, or cut its losses all together and cancel the whole shooting match.
I'll be honest: I've never heard of part of an inclusive deal being 'pulled' before, so it's a first on me. No doubt the very fact that everything, right? Have you managed to establish with TC precisely what has changed (and why?) between TC and the hotel/centre since your time of booking? Has the hotel now become non-all-inclusive (or at least TC's contract with it)? If so, why? Has it become only partially 'all-inclusive'? If so, why?
If you can look at getting these questions answered (whilst at the same time looking for either a full or partial refund on the holiday due to changes being made by TC after you'd 'booked as seen' in their brochure), then you may feel a bit happier about the circumstances surrounding the predicament; failing that, demand a full refund and book else where.
Of course, there is always the 'Watchdog' route you might consider: but I didn't suggest it, ok? ;-)
Good luck and please let us know how you get on.
Cheers,
Bren.
[Edit - Post Scriptum: When you say 'Thomas Cook', I'm assuming, rightly or wrongly, that it is the Tour Operator to whom you refer, and not the travel agent side of their business?]
alison boler
26-11-2003, 19:27
Roger,
That's infuriating isn't it. Depending on location, many all-inclusives exclude scuba diving and other "motorised sports" as far as I can see. Not all. Some Breezes resorts include scuba diving and I think Club Med do at their scuba specialist resorts, but I think they limit you to how many dives a day you do. You don't say where the resort is. I would say your options are
1. Live with it because you really want to go to this location/resort but be prepared for a possibly hefty diving bill. Depends how much diving you want to do I suppose. Is it the big thing about the holiday or did you just want to do a few dives?
2. Pursue the company doggedly, checking the small print as the others have advised and threatening them with industry watchdogs. CN Traveller magazine do an Omsbudsman feature that deals with travel complaints, but there are lots of different press facilities.
3. Make a case that this is a "gross" change in your holiday details and ask for a refund. If you get the refund, look at other deals that do include diving maybe elsewhere. If you said where you were going and whether diving was the centre of your holiday, I could suggest further. For instance, many dive resorts in the Caribbean offer an all-inclusive package that wraps food as well as diving because that's what Americans like.
Personally, unless the rest of the deal is spectacularly good, and if the diving was important to me I'd lobby hard for a refund and go somewhere else just on principle.
Hope you have some luck
Alison
PS Here's an article from the Times online that talks about some all-inclusive dive holidays in the Caribbean offered by UK operators
<a href="http://www.timesonline.co.uk/article/0,,163-637852,00.html" >http://www.timesonline.co.uk/article/0,,163-637852,00.html</a>
Hi Roger
I'm with Alison on this one.
I've dived some of these all inclusive deals such as Sandals and LaSource and if you want a damn good holiday with a bit of diving then the're great, but if you're expecting a diving holiday then you may be disappointed. The all inclusive diving deals cater very much for the holiday diver and the sold-on-the spot training packages. You may well get bumped off a dive to make way for their training dives, the dives that you do are often escorted and restricted. As I've said, great for the occasional dive if the main purpose of the holiday is to keep the DPO happy :-)
Grrrr... travel companies... some years ago I ended up suing one (I won). It sounds like you're getting the standard run around -
1. Ignore
2. Procrastinate
3. Fob off
4. Deny
5. Token gesture
6. Sort it out
Travel companies rely on the fact that well over 90% of people will give up somewhere long before stage 6, sorry if that sounds cynical but every time I've had a complaint (very few I hasten to add) they all follow that same procedure.
On the face of it your case is quite straight forward IMHO. You paid for a holiday, specifically with an item included, the holiday later changed to exclude the specific item you had paid for. That to me is material change, no matter how many brochures they print and how they wriggle. Personally I would put that fact to them, offer to let a Small Claims Court magistrate decide if they disagree, some web pages on your personal web space may help (keep it FACTUAL) - such tactics can often prompt an ex-gratia goodwill settlement ;-)
HTH
Keith L
rogersides
27-11-2003, 13:44
Wow, that's exactly what has happened so far. However, yesterday we seem to have jumped to step 5 or 6. sort it out!
After phoning the agent again and trying to gauge the cost of a tanks and weights package, the agent again told me that it was included, but just subject to availability. So it seems that they are equally confused. I have to say that the girl i spoke to was extreemly helpful, and more effectual than the others i had spoken to that day.
However, after being told that it was included, i asked her to fax me a written confirmation of such, which she said would have to come from the holiday provider, and would sort it out. That night at close of business we recieved a phone call saying the scuba diving was not included as previously stated, and so they have sent our complaint on to customer relations who may either compensate us, or move us to a hotel that does include scuba diving.
The holiday booked was to a Breezes hotel in Cuba, so diving for me is a large part of the holiday choice. However, i do take on board what you have said about the way the diving is organised.
Thankyou everyone for your help, and comments.
Roger
dave covey
30-11-2003, 02:45
Thankyou everyone for your help, and comments.
Further to earlier answers in this thread I once issued a claim through the small claims court for a similar problem at a cost of 115.00. Within a week the solicitor for the travel firm phoned & put his hands up!
(I received full refund, plus the 115)
HTH
Adrian Kelland
06-12-2003, 20:32
[Edit - Post Scriptum: When you say 'Thomas Cook', I'm assuming, rightly or wrongly, that it is the Tour Operator to whom you refer, and not the travel agent side of their business?]
A good point for many to remember Bren. This was a common problem for my better half who used to be a TC agent.
And as for those who cannot tell the difference between Thompsons and Thomas Cook....
I understand it used to be good practice to use the most current brochure available, and not necessarily the one the customer had. Things do change. Never give up on a complaint.
Adrian
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