Robert writes
[I] recently returned back to the UK from a TUI package holiday. Upon arrival at Birmingham
Airport our babies car seat didn’t arrive. By the time they searched the plane and airport baggage area the time was 2255hrs on a Sunday night.
We were offered 2 car seats left behind from other passengers as an alternative (neither suitable for our 10 month old baby) and that was it. Trains had finished by this time so we had to pay for a hotel for my wife and baby to sleep in for the night as couldn’t legally drive.
[I took] him home in our car (which I drove home with our 3 year old daughter). Tui refused to pay for hotel and out of pocket expenses. Now been returned with the car seat 8 days later so. Luckily don’t have to buy a new one. Are they liable to pay for our added expenses? I have complained twice but it has fallen on deaf ears
Martyn responds
Losing some or all of your luggage can have a significant impact holiday, even if the items turn up a few days later. But losing a key part of your luggage – from a baby’s car seat to a wheelchair – can ruin your trip. You can indeed seek compensation for this, but the key questions are: to what extent is the holiday marred and is this all the fault of the business?
When a flight is cancelled or a hotel is overbooked, then this is considered to be a ‘direct loss’ and you can expect full compensation for the money you have paid out, along with additional ‘reasonable’ costs that you may have incurred.
However, if you are unable to do something as a result of an error by a business, or have to pay out additional money due to this error, then things become more complicated.
Situations like this are generally referred to as ‘consequential loss’, though it’s not a popular term with the legal profession. That’s because there are a whole range of scenarios that can arise as a consequence of an error caused by a business.
For example, if you are unable to attend a gig because of a closed railway line, the train company or network is not necessarily liable for the money you paid for the event ticket or things like hotels – even if the problem was ‘foreseeable’ and they did not act in time. However, consequential loss is not always black and white. There are times when you can claim for compensation.
The problem with claims of this nature is establishing if the actions of the business are entirely responsible for your losses, or if there was a suitable alternative that you could have taken.
In your case, the safety of your child is paramount. If no suitable alternative could be found that would allow you to travel with your family safely and within the law, then the holiday company should certainly consider paying you for the money you were forced to spend on accommodation, along with suitable recompense for the days of your holiday that were spoiled as a result of their loss of the car seat.
However, you’ll need to put a strong case to the holiday firm as to why this is the case. I’d recommend making a formal complaint, setting out:
- The age and requirements of your child.
- Why your car seat was suitable for your child.
- Why the two alternative seats offered were not suitable.
- Your understanding of the law around safe driving in your holiday destination (you don’t need to be an expert here – just ‘not feeling safe is enough. Make sure you explain why).
- That the accommodation you chose was ‘reasonable’ and not overpriced.
- How the lack of a car seat had an impact on the remainder of your holiday.
- Why you didn’t claim on your travel insurance and any policy limitations.
Having to provide all of this information may feel dreadfully unfair, but it’s worthwhile doing so. That’s because holiday firms have a tendency to only compensate for things that they feel they may be directly liable for.
If the business turns you down, check to see if they are members of a scheme that can mediate in a dispute.
ATOL – The Air Travel Organisers’ Licencing scheme gives you financial protection when you book a flight as part of a package deal.
ABTA – The Association of British Travel Agents has a dispute resolution scheme for customers of their members if things go wrong, as well as other consumer protections.
If you’re complaining about an airline, ask them about their Alternative Dispute Resolution scheme (ADR). Failing that, don’t be afraid the threaten them with the small claims court.