Misguided by travel agent: my options

Hi all

At Easter break, we booked holidays through an online travel agent. The registered office is based in UK but they have .ie website and claim to be one of the best in Ireland. The payment went through but next day we received email that its not available anymore. So I called helpline and I was advised to book alternate holidays.

I was recovering from sprained ankle and using air-cast and crutches at the time. I clearly informed about restricted mobility and assistance needed at airport. When we arrived at hotel, we discovered that ot was a huge resort with stairs everywhere- breakfast, drinks, evening entertainment etc. It was not suited for someone with cast and crutches. Resort couldn't provide a wheelchair either. After 3 days of pain and suffering on trying to make it work, we decided to cancel it and come back home early.

My question is about accountability of travel agency in this case. They clearly knew about the medical condition and yet booked me into a resort which was not suited. I have submitted a formal complaint followibg their grievance process. From their previous responses its likely that they take no responsibility. What are my options here ?

Did the terms of the contract you agreed to specifically call out the mobility assistance you required at the resort?

The provider are only likely to be found to have failed in delivery of the contracted service if you can point to terms they failed to deliver upon. It is not unreasonable to expect someone recovering from a sprained ankle or worse to be able to manage some stairs.

bish123 said:

I was recovering from sprained ankle and using air-cast and crutches at the time. I clearly informed about restricted mobility and assistance needed at airport.

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What did they say they would do in response?

Well there was no specific discussion on terms of contract. I am taking it as a part of services they charge commission for. It wasn't possible for me to do those stairs that's why we came back even though it was big disappointment.

In my previous conversations they said that I selected this resort so its not their responsibility. However I wasn't made aware of these details.

Travel agent charge a commission to book flights, accommodation, and experiences. They are not medically qualified to make any judgement as to the suitability of accommodation to any specific need you might have. Most agents you speak to will not be intimately familiar with every location or accommodation.

You mentioned that you requested specific assistance at the airport, what specifics did you request of the accommodation? You have a responsibility to ensure a product or service you purchase does indeed meet your needs. Unless you have the specifics of any mobility needs specified in writing, it's difficult to see where you might succeed in a claim.

You mentioned the resort couldn't provide a wheelchair, that is not surprising. If a wheelchair is required for mobility, it would be your own responsibility to procure something suitable. The legacy of people suing after accidents means aids like crutches or wheelchairs are not made available in the absence of qualified medical professionals.

Was your travel insurer aware of the extent of your injury? If it was so severe as to render you unable to manage stairs, it's likely cover was void unless they had explicitly permitted it.

It was your choice to leave early so don’t see how there would be any comeback here apart from the stairs.
Did you not check the resort out before you booked it ?

I think it is unreasonable to expect a resort to have level access facilities across the resort, and whilst you may have told the travel agency you didn't have full mobility, unless they promised you via a contract and in writing that the resort would be all level access/no stairs i do not think you have a claim. I would have to query the expectation that you put on an agency; it is unrealistic. If you could not manage steps and were in that much pain you had to leave after 3 days, and did not bring your own wheelchair, you really should not have gone on holiday. if you needed assistance at the aerport it is not the travel agency's job to make sure you got that. It sounds harsh but I don't think you have a grievance here.

bish123 said:

What are my options here ?

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Small Claims Court maybe?
But, like others here, I find it difficult to see that you have a strong case based on the info posted so far.

bish123 said:

At Easter break, we booked holidays

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bish123 said:

I was recovering from sprained ankle and using air-cast and crutches at the time.

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Why would you have headed off on holidays when you weren't physically able to enjoy them?

But you did... you should have expected stairs etc.

I reckon you need to chalk this one down to experience.

The only person with accountability here is the OP. As ankle casts go he had a light one and also used crutches. He needed wheelchair assistance at the airport (and airports are fairly level and where necessary have escalators). The decision to travel was his alone. Somebody mentioned the Small Claims Court - Forget it, you'd be laughed out the main door. Also, I'd advise forget about claiming through holiday insurance too.

Leper said:

Somebody mentioned the Small Claims Court - Forget it, you'd be laughed out the main door.

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I mentioned it as a possible remedial option while also stating that I didn't really see that the op had a strong case based on the info posted to date. I don't think that the SCC is in the business of laughing at applicants, even those with weak claims. I'm sure that they're more professional than that.