Cumbrian family wins fight for no-snow Lapland refund
"We were absolutely elated," said Mrs O'Neil, 40, from Gosforth in Cumbria."You think all of the time have you done the right thing, is it worth the hassle to push through. "But when you know that you're in the right and you're just being forced into a situation by a corporate company, [the outcome] just validated all of the hard work that we put in."
Mrs O'Neil and her husband Wayne had spent their savings on the Lapland trip for their son Finn, who is now eight.A couple of days before departure they contacted Tui to raise concerns about the forecast of rain, but were reassured there was snow at their resort and were told if they chose to cancel the holiday they would lose the money.On arrival they were greeted with a "magical" winter wonderland scene, but overnight rainfall melted all the snow. As they had feared, all snow activities for their trip were cancelled, leaving them to arrange and pay for alternatives.
'Holiday purpose defeated'
When they first complained to Tui they were offered 50% of their money back, which they refused.ABTA, an association of travel companies which helps mediate disputes, referred the case to an independent adjudicator who found in favour of the O'Neils."The family's essential purpose in taking the trip, to enjoy snow-based activities, was defeated," the final adjudication read.It added Tui had not complied with its own "no snow" policy and the family would not have set off for their trip had Tui let them cancel or reschedule it.Mrs O'Neil said the family's fight for a refund seemed daunting at times but, after their experience was featured in a BBC News article, a couple contacted them to help with the claim."This couple had been on a cruise that cost them £20,000," Mrs O'Neil explained."It was for a big anniversary but, because of the weather, they couldn't do all the stops that they were supposed to do."The couple had been successful in securing their claim after a six-year legal battle and shared their knowledge with the O'Neils.Mrs O'Neil said: "They gave me loads of advice and the inspiration to keep going, so I am really grateful to them."
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