thomas cook refund
4 years ago
My husband and I paid for a Europe tour package with Thomas Cook India which has now been cancelled because of Covid 19.We are working physicians in the USA, we have to arrange for flights and visa ourselves and so we were assured that we would be given a full refund if the tour did not happen on the specified date we requested by email,after which we confirmed our booking.However,Thomas cook is now refusing to refund our money and offering only a credit note minus cancellation charges despite our requests to multiple custoer care agents and managers explaining our cancelled vacation and the above.Will filing a complaint against them get us a refund or will it be futile?
Sandip Bhowmick
Responded 4 years ago
A.If the assurance by Thomas Cook to refund the entire value paid, in the event of tour not happening was in writing in any form ( in the contract paper, e-mail, letter etc.), then you have a good case. And moreover, COVID-19 is a unique force majeure situation all over the world, which must have its force on all contracts. You must also check the force majeure clause in their contract paper for the tour.
However, if the assurance for full refund was only verbal, then you have to look out what all clauses were there regarding cancellation conditions in writing, including the force majeure clause.
Sandip Bhowmick,
Advocate
However, if the assurance for full refund was only verbal, then you have to look out what all clauses were there regarding cancellation conditions in writing, including the force majeure clause.
Sandip Bhowmick,
Advocate
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A.Dear sir/madam
You may send a legal notice and then approach consumer court to file complaint if necessary.
You may send a legal notice and then approach consumer court to file complaint if necessary.
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Karthik And Associates
Responded 4 years ago
A.Hi you can file in Consumers forums, before that share your details and evidence to lawyer and send a legal notice to them
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A.Dear Sir,
You may definely file a complaint in the Consumer Court getting refund.
You may definely file a complaint in the Consumer Court getting refund.
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Devashish Wani
Responded 4 years ago
A.Dear Client, kindly speak to the higher authorities in Thomas Cook, once the pandemic situation subsides. If they are unwilling to agree to your terms and conditions, you can issue them a legal notice!
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A.Dear Sir,
On the principle of “Force Majeure” you are entitled for full refund. If not made then you can issue a legal notice and approach Consumer Forum.
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Please give me Rank 5 and talk to me on paid phone consultancy
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A cancellation fee cannot be charged from a traveller who cancels the contract due to unavoidable and exceptional circumstances prevailing at the destination or in its immediate vicinity. For instance:
the trip cannot be carried out due to an act of war, terrorism, natural disaster, strike or suchlike in the destination or in its vicinity. For example, transport connections are prevented by military operations or essential services (including electricity or water) are not available at the destination due to a natural disaster or a strike.
the trip cannot be carried out without endangering the traveller’s life or health. For example, there is an unexpected occurrence of a serious contagious disease or serious disturbances in the destination, which could jeopardise the safety of third parties.
When assessing the traveller's right to cancel the trip on the basis of passenger safety, recommendations for travel by the authorities may be taken into account.
The Ministry for Foreign Affairs provides country-specific travel advice related to travel safety, which may, for example, recommend avoiding unnecessary or all travel to the area, or leaving the country.
The National Institute for Health and Welfare provides information about the international infectious disease situation, vaccinations, diseases and their prevention and treatment.
Finnish diplomatic missions abroad inform about incidents that affect travel safety occasionally or in the short term.
However, travellers have no right to cancel without a cancellation fee if the traveller was aware of the exceptional circumstances when the contract was concluded.
On the principle of “Force Majeure” you are entitled for full refund. If not made then you can issue a legal notice and approach Consumer Forum.
======================================
Please give me Rank 5 and talk to me on paid phone consultancy
============================================
A cancellation fee cannot be charged from a traveller who cancels the contract due to unavoidable and exceptional circumstances prevailing at the destination or in its immediate vicinity. For instance:
the trip cannot be carried out due to an act of war, terrorism, natural disaster, strike or suchlike in the destination or in its vicinity. For example, transport connections are prevented by military operations or essential services (including electricity or water) are not available at the destination due to a natural disaster or a strike.
the trip cannot be carried out without endangering the traveller’s life or health. For example, there is an unexpected occurrence of a serious contagious disease or serious disturbances in the destination, which could jeopardise the safety of third parties.
When assessing the traveller's right to cancel the trip on the basis of passenger safety, recommendations for travel by the authorities may be taken into account.
The Ministry for Foreign Affairs provides country-specific travel advice related to travel safety, which may, for example, recommend avoiding unnecessary or all travel to the area, or leaving the country.
The National Institute for Health and Welfare provides information about the international infectious disease situation, vaccinations, diseases and their prevention and treatment.
Finnish diplomatic missions abroad inform about incidents that affect travel safety occasionally or in the short term.
However, travellers have no right to cancel without a cancellation fee if the traveller was aware of the exceptional circumstances when the contract was concluded.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
This is very unethical from the part of TC, known as unfair trade practice. Request to follow the same:-
A. Approach a lawyer to issue a legal notice to refund along with compensation for mental agony. ( should be close by this step)
B. Failing which, file the consumer complaint at consumer forum.
thanks
This is very unethical from the part of TC, known as unfair trade practice. Request to follow the same:-
A. Approach a lawyer to issue a legal notice to refund along with compensation for mental agony. ( should be close by this step)
B. Failing which, file the consumer complaint at consumer forum.
thanks
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