You really do need legal cover for a cruise on a TUI ship
Probes a world of scams and scandals
Mrs S.H. writes: I contacted the Association of British Travel Agents about holiday company TUI as you advised in The Mail on Sunday on March 25 and I have now received this from the association: ‘Unfortunately, the member has advised us that they are not willing to use the conciliation scheme on this occasion’. The association says that ‘the scheme is voluntary, so customers can only proceed if the member agrees to it’. I am disappointed with ABTA. What is the point of a voluntary scheme and why would TUI want to engage in it if it does not have to?
I WAS stunned to hear this news. You and your husband were on a cruise on the TUI Discovery when you went for a cigarette in a signposted designated smoking area on deck. A crew member opened a heavy metal door from the inside, gashing your leg and leaving you lying bleeding and needing emergency treatment from the ship’s doctor.
He stitched the open wound but it needed cleaning and dressing every day. Your cruise was ruined. It turned out that the door was for emergencies only and the crew member had taken an unauthorised short cut. There were no warnings, inside or outside the door, until signs were hastily added in the wake of your accident.
When you returned home, your solicitor approached TUI, requested copies of its accident records and suggested you might sue in the county court.
TUI’s response was to tell him you would have to claim in the specialist Admiralty Court, not the local county court. Your solicitor warned you about mounting costs, so you felt forced to back down.
The Association of British Travel Agents seemed to offer a lifeline. It runs two schemes for arbitration and conciliation in complaint cases. The conciliation scheme specifically handles personal injury claims and can award up to £10,000.
TUI told me it refused to take part because it did not accept any responsibility for your injury. But surely this is like a bank robber refusing to appear in court because he has pleaded not guilty and thinks that should be good enough. TUI says you can still sue for damages.
This giant company knows you are a 70-year-old of limited means but says it is sure you can find lawyers on a no-win, no-fee basis. Well, I told TUI you had tried this and one of the biggest law firms in this area had turned you down flat because the level of damages you might win would not earn it a big enough fee.
For the moment at least, you are stymied. You cannot afford to sue and TUI has the power to block any claim through ABTA. If a no-win, no-fee law firm is interested, please feel free to contact me.
When we published an account of your injury in March and TUI’s response, I suggested that passengers on its ships should take out both travel insurance and a legal expenses policy. At the time, I only half meant it. Now I am completely serious.