Has anyone ever sued Tui?

[KatStratford]

We booked a luxury upgraded package holiday with Tui but when we arrived at the hotel, Tui had booked only a basic package for us. No VIP access to restricted areas, no premium restaurants and only a basic room. We tried to resolve it while we were there but even though Tui admitted their error, they did not resolve the problem. We spent most of the vacation trying to sort it out and came home more stressed and in need of a holiday than when we left.

Tui did acknowledge that we had not received the package they sold but their offer of compensation (after further weeks of negotiation) was less than the cost of the premium that we paid. Not to mention the stress, anxiety and lost vacation time that we suffered.

it seems our only option now is to take them to court. Has anyone ever done this?

Have you called them out on social media? You could also try Guardian consumer champions.

Some good advice on FB page Tui customer service and holiday complaints

I started a small claims with EasyJet years ago for non-payment of compensation for a delayed flight. They soon paid up. It wasn't that expensive a process.

Go through ABTA, I've been successful twice in claiming compensation from TUI via them. Once when I was mid-sold a holiday (booked a water villa via their website and was given standard villa accommodation) and another time when I got a deep cut because of broken stairs out of a swimming pool. It's a long process but if you have evidence they have to pay out.

Also, don't need to pay to go to court, a complaint via ABTA is free, they are a regulatory body.

Stress and anxiety? Really?

Yes. But not for a "stress and anxiety" issue; it was for something more physical.
And if you think your experience was stressful, going through the court experience was lengthy, and very stressful.

PS I won.

Anxiety?
Pissed off fair enough but anxiety?

Not Tui, but took Thomson (who they took over) to court twice and won twice. Both times they played hard ball with derisory compensation offers, so I issued small claims court papers and they took it right up to the day before the court hearing both times, before I received (the day before) a special delivery letter with their cheque for the full amount I was claiming for! Both times it was for the full cost of the holiday plus extra expenses incurred (all receipted) due to their incompetence and not providing all aspects of the holiday booked which caused us to spend a lot of time during the holiday complaining to their reps and/ the hotel management. Their complaints dept are just a typical "fob you off" department (just like the NHS) hoping to wear you down so you give up.

You want the difference between what you paid and what you got, as well as something for loss of enjoyment (Google Jarvis v Swan Tours)

I’m not sure why you’re getting arsey replies about stress and anxiety. I too would feel stressed and anxious if I had paid for something, not got what I had paid for, and then the company didn’t resolve it for me, especially something like a holiday, which needs to be resolved immediately, or at least refunded

This should be a pretty straightforward breach of contract claim. Go via ABTA in the first instance. There is a portal where you will be able to upload a description of your claim and supporting evidence.

They are honestly the worst company ever and I'll never book with them again.

It was, actually, a very stressful situation. We genuinely wanted to resolve the problem but there was no Tui Rep at the resort and the hotel could not assist without authorisation from Tui who were no help at all. We were in the Caribbean so trying to speak to someone in authority, given the time difference, was challenging.
since we returned, Tui have sent emails admitting their error but not been prepared to budge on compensation. To be clear, we’re not asking for any kind of compensation for unquantifiable issues such as inconvenience or stress, just a refund for the services and accommodation that they failed to provide.

Feeling stressed and anxious about a situation is NOT having anxiety
Having said that you ddin't get what you paid for OP and I am sure it affected your holiday so try SM first and also complain to ABTA. If all else fails small claims court

Long and short of it, you didn't get the product that you paid for, which anyone would feel stressed about. ABTA is the way to go. As another poster said they have a simple portal where you can upload info for the complaint.
You may not hear anything for a while, however i would 99% say that you will get compensation with evidence.

Many thanks to all for the advice. It’s reassuring to know that others have been successful in having their complaints upheld. On the surface, it’s straightforward - we did not receive what we paid for and Tui are not denying that. However, their system really seems geared towards wearing people down until they accept whatever crumbs are thrown at them.

Try not to attach emotion to it, it's actually really good that they are admitting fault. Just get all the facts and evidence down. I think, remembering it I complained to both ABTA and TUI (they have an online complaint system).

Send them a Letter of Claim (aka Letter Before Action). If they still won’t settle take them to the Small Claims Court. The chances of them settling are extremely high.

Not Tui - but this time last year had an ongoing dispute about a pension transfer from one provider to another which dragged on for around 7 months.

The ONLY thing which worked was when I went to Sally Hamilton at This is Money - there are other consumer "champions" with other media. Sorted within days, and a good dollop of compensation too. Would advise that before going legal.

You would feel annoyed. This is not the same as feeling anxious. You might get wound up but again that's not the same as feeling anxious.
People are not giving arsey replies. Just because it's something you don't agree with that doesn't make it arsey.
OP you have very valid reason for complaint. We paid for X and we got Y. This spoilt our enjoyment as we had difficulty sorting it out due to reasons ABC.
Keep it factual

I would feel both anxious and annoyed, just like OP said she felt. Anxious waiting for my complaint to be sorted, anxious and annoyed because it hasn’t been

It took me 3 years to settle with Tui and ended up at County Court with a (lovely, sympathetic) judge and an excellent barrister.

If I were you I would make them an offer - work out what you are owed, and put it to them in a letter and say that if they don't settle you will be pursuing a formal avenue of redress.

To me this is straight forward - you paid for what you don't get - yes send them a letter before action - no action, small claims for the difference plus cost if small claims plus say £500 for 'hassle'