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TUI keeps quiet on holiday cancellation charges
TUI is refusing to confirm that it has decided not to appeal against a court ruling that its holiday cancellation charges are unfair.
In February, the Small Claims Court ruled that TUI operator Thomson was wrong to charge customer Bruce Crawcour the full cost of his holiday to Majorca, which he cancelled just six days before departure due to ill health.
The court agreed with Mr Crawcour that as Thomson had resold the holiday it should refund him the £2,200 already paid.
It said TUI was in breach of the Unfair Terms Consumer Contract Regulations 1999 and the 2004 guidance from the Office of Fair Trading on Unfair Contract Terms in Package Holiday Contracts.
The judge said the OFT guidance only allowed operators to impose a sliding scale of cancellation charges that increase closer to the date of departure if they were a genuine pre-estimate of the holiday company’s loss.
Shortly after the case, TUI said it had been granted leave to appeal but normally these must be lodged with the High Court within 21 days of the original hearing, and TUI has not confirmed it has done so.
Today a spokesperson for the company said it was not commenting on the case.
It is understood that TUI might be reluctant to appeal as, unlike decisions made by the Small Claims Court, rulings in the High Court can set legal precedents. If TUI were to lose its appeal, it might then open the flood gates to further claims and force operators to re-think their cancellation charges.
Linsey McNeill
Editor Linsey McNeill has been writing about travel for more than three decades. Bylines include The Times, Telegraph, Observer, Guardian and Which? plus the South China Morning Post. She also shares insider tips on thetraveljournalist.co.uk
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