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Click here to read Mr Metcalfe's holiday diary, published exclusively on Times Online, featuring seven extraordinary days involving barricaded rooms, prison escapees and a broken down bus
I am contacting you regarding Hurricane Wilma in Mexico last week and the way in which Thomson treated its guests during and after the storm. We personally paid around £2,200 for a two-week holiday, which we booked in March 2005. We flew to Mexico on October 18, just days before the hurricane hit. We spent seven days in hell and were flown to Gatwick a week later, after just one pleasant day of holiday. Thomson is refunding us just £870. They knew about the hurricane the day they flew us out but still took us. Even 12 hours before it hit Cancun they didn't evacuate us. I will never travel with Thomson again. William Metcalfe
Responding to Mr Metcalfe's letter, a Thomson spokesman told Times Online that the refund covers Mr Metcalfe's accommodation costs, and was issued according to ABTA guidelines.
ABTA spokesman Sean Tipton responded: All ABTA tour operators agreed to a pro rata refund of all unused portions of holidays in Cancun or days spent in a hurricane shelter. No tour operator, however, is required also to refund flights.
In a further statement, the Thomson spokesman said: Thomson sympathises with all its holidaymakers who have recently returned home [from Mexico] and acknowledge that these circumstances have been extreme. Empty aircrafts were sent to Mexico with a full support team onboard as well as supplies of water, food and blankets. With Cancun airport closed, a Thomsonfly shuttle service was set up from another airport to get all our holidaymakers out of the affected area as quickly as possible, and then home. Flights and holidays to Mexico were cancelled before the hurricane struck, and customers due to travel were offered a full refund. Customers who were in the region during the hurricane will be contacted by the customer services team to discuss refunds.
October 25
My wife and I booked flights through the Opodo website from London to Cancun via Amsterdam Schiphol with KLM and Martinair on November 4, returning on November 14. Obviously there is no reason in the world to visit the Yucatan peninsula and coast immediately after the devastation that has occurred.
I called my travel insurance provider who told me to get confirmation in writing from the airlines as to what they would offer as a cancellation refund. I called Opodo who told me to contact KLM but warned me that KLM were only offering cancellation refunds to passengers booked to fly to Cancun between October 21 and 24.
I then spoke to KLM who told me that I should call Opodo as they are the supplier of the through-tickets on the two airlines.
We are unable to defer our trip to Mexico, or to anywhere else, to alternative dates, as we must travel between Nov 4 and 16 due to work commitments. We are looking for a replacement short-term booking and I want to be reassured as to how much I can expect to get back from KLM/Martinair, Opodo or my insurer before committing ourselves to a new holiday booking.
My impression is that no-one really knows what to do under these circumstances. I know it's trivial in the light of the overall disaster in Mexico, but it's natural for me want to get back what I can. I hope experience of such matters means you can give me some useful advice about how to proceed. Clive Reffell, via email
Continued on page 2: Mark Frary of Times Online explains how to find out if you're due a refund
Mark Frary of Times Online Travel says: The first thing to do when you need to cancel or rebook a holiday in the light of an incident, man-made or otherwise, is to work out who your contract is with.
For anyone booking a package holiday consisting of at least two of transport, accommodation or other travel services such as a tour guide, the responsibility lies with the person who sold it to you. This might be the tour operator themselves if you booked direct or a travel agent if you used one. Reputable tour operators will offer you an alternative holiday or a refund. Usually, additional compensation is not offered for events beyond their control, such as natural disasters.
In the case of online travel agent Opodo, if you put together your own DIY package consisting of two or more of transport, accommodation or other travel services paid for together at one inclusive price, your contract is with Opodo. Otherwise, your contract is with the individual travel suppliers. As you only booked flights though Opodo, your contracts are therefore with KLM and Martinair and this is whose cancellation policies apply. However, as you booked through a travel agent, albeit an online one, you will need to deal with them to discuss your requests for a refund.
How easy it is to change your KLM and Martinair tickets or get a refund will depend on the type of ticket you bought. Opodo will be able to tell you the two airlines’ terms and conditions for the tickets you bought. If you paid the full non-discounted fare for your ticket, it is likely you will be able to get a refund of the full fare less any service charges. Opodo charges £10 for changes, for example. If you are travelling on a discounted ticket, your ability to gain a refund will be restricted. Some discounted tickets cannot be cancelled at all while others incur significant change fees. These fees are often be shown on your ticket or on your booking confirmation from your travel agent.
In addition to KLM’s usual terms and conditions, the airline offered all passengers whose tickets were issued before October 21 who were due to travel between October 21 and 24 the ability to change the date and destination of their tickets without charge. Refunds were not allowed unless they were allowed under the original terms of issue of the tickets. Since your travel dates are outside this limited range, this does not apply.
This means that you will now have to turn to your travel insurance policy. Unfortunately, it is highly likely that because a hurricane is considered a natural disaster beyond the control of your travel supplier, you will be unable to make a claim.
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