Section 75 Claim Help

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  • mhurley142's Avatar
    Apprentice
    I paid using my Tesco credit card for a cruise departing last August 26. I had previously notified them of my medical diet needs and they confirmed I would be catered for in line these requirements. I followed all of the required processes and additionally notified restaurant front desk and waiting staff the day before and upon arrival at the restaurant and when ordering at the table and before eating. Despite this I was provided with and ingested meals that contained the previously notified allergens and as a result was very unwell. I ate allergen containing food on day 2 my 40th wedding anniversary and day 6 of a 7-night cruise. This not only made me unwell but meant that I could not keep down food from day 2 to day 6 and day 6 evening to the end of the cruise. The cruise line also knew this was a 40th wedding anniversary celebration. I left the ship when in port but was unable to enjoy the time ashore and the excursions. Following the second instance I was too unwell to leave the cabin from Thursday night until I had to leave the ship on day 8. The cruise line has refunded restaurant booking and a special celebration package. On board the ship I was told this would be refunded and I was offered 30% of the cruise fare. My wife and I rejected this as it had spoilt our holiday, 40th wedding anniversary celebration and I had spent from day 2 onwards with stomach cramps, bloating, pain vomiting and diarrhoea. I have now received an offer of £950 as full and final settlement and compensation. On the ship when my wife and I rejected the offer it was as a credit against a future cruise within the next 2 years. We told the person making this offer we would not go anywhere near one the company cruise ships again after such a bad experience. His response was I understand and agree but that is the most I am authorised to offer. The current offer is in cash not as a credit note. The cruise line failed to honour the contract and made me unwell not just for the cruise but the following 2 weeks and I had to have medical treatment and medication to help my recovery. The cost of the holiday including excursions was approx. £4,500 (£2850 without excursions and extras) Can I make a Section 75 claim and if so for all of the holiday cost, or just the cruise fares alone? We were unable to celebrate our 40th wedding anniversary and feel we should have been given a full refund and compensation Please Help as I don't know what to do next. The company concerned is one of the largest cruise operators in the world and are simply stating you did not complain about accommodation and left the ship when in port therefore our final offer is a third of the cruise fare only.
  • 3 Replies

  • CarolineD's Avatar
    Employee
    Hey @mhurley142, thanks for getting in touch 🙂 Happy 40th Anniversary to you and your wife from us here at Tesco Bank.

    I'm very sorry to hear about your experience on the cruise ship. You can submit a chargeback claim here Requesting a chargeback on a transaction - Tesco Bank a member of our team will be happy to review this further for you.

    I hope this helps!
  • mhurley142's Avatar
    Apprentice
    @CarolineD there is no category for my situation.
    the response options are:

    What happened?

    I haven't or won't receive my travel/holiday service (e.g. airline bankruptcy or flights/hotel cancelled by merchant)
    I cancelled my travel service but haven't received a refund
    I paid for a service but have been charged again by the merchant for something I don't agree with (e.g hotel, car hire or similar)

    I've had real issues with the supplier, they took 13 weeks to respond and I have only just received their response to my Subject Access Request for information they have used to support their offer.
    Please Help
    My wedding anniversary and holiday was ruined and the supplier is using their sheer corporate size to dismiss me. Is it possible someone could contact me to help submit my claim?
    Thank You
  • CarolineD's Avatar
    Employee
    @mhurley142 I'm sorry there isn't a category for your situation on the form. So I can check this for further you, please send a private message to @Tesco-Bank using this link.