Tony Hetherington is Financial Mail on Sunday’s ace investigator, fighting readers corners, revealing the truth that lies behind closed doors and winning victories for those who have been left out-of-pocket. Find out how to contact him below.
Ms J.E. writes: I was very interested to read your report about Tui’s Mistletoe & Rhine cruise.
My husband and I, sister and brother-in-law are booked on it. We are deeply annoyed by the offhand attitude that Tui has shown us.
We paid almost £3,000 for a cruise to visit five Christmas markets in Germany, now cut to a cruise visiting three markets.
Tony Hetherington replies: Two weeks ago I reported how a couple who booked for the same cruise, starting on November 23, had just been told by Tui that the Christmas fair and market in Frankfurt would not have opened yet, and that the visit due today to the Koblenz fair would not be possible because, like much of Germany, it would be closed to mark ‘Totensonntag’ – the ‘Sunday of the Dead’ – a public holiday when people remember the departed.
Tui insisted this was fresh information that had come to light since it had planned the cruise. It refused a refund, claiming that although its marketing emphasised the five fairs as the major reason for booking the cruise, the loss of two attractions out of five made no difference. The couple cancelled their booking, but told me that Tui had refunded only £599 out of £1,997, with the company keeping the rest as a cancellation penalty.
I asked Tui to say exactly when it discovered that the Frankfurt and Koblenz fairs would not be open. After asking for time to consider this, and more time to consult its lawyers, Tui failed to offer any answers. Almost unbelievably, I found it was still advertising the same cruise with the same false claim that passengers would visit five Christmas fairs along the Rhine.
Now to come up to date. This is what the official Frankfurt tourist office says: ‘The Frankfurt Christmas Market traditionally always opens on a Monday, and always after so-called ‘Totensonntag’. This is the last Sunday before Advent in the German Protestant Church. This year’s Totensonntag is on November 24, so the market opens on Monday the 25th. The opening date has been confirmed as November 25 for over a year.’
As for Totensonntag itself, the date is known years in advance, in the same way as Easter. So the mystery is, why did Tui not know this? Tui is a German company. Did nobody at Tui check the dates in their German diary? Did nobody at Tui check their advertising and spot that they were offering visits to Christmas fairs that did not exist? Or did nobody at Tui care, which seems a real possibility?
Tui told you that ‘because the impact to your itinerary was due to local operational hours and public holidays, this is outside Tui’s control’. It apologised for the ‘necessary changes to your itinerary’. This is rubbish. The ship’s itinerary remains the same. It is the advertised attractions that have evaporated. Tui’s false advertising is nobody’s fault but its own.
You did try to make a complaint, but Tui replied: ‘Tui does not have a pre-travel complaints process, so if you are unhappy with your cruise then you are welcome to complete an After Travel form once you have returned.’
In short, sorry our advertising fooled you, but we are keeping your cash; enjoy the boat trip!
I put all this to Tui once more. It replied: ‘We are looking into this for you.’
Since then, silence. No answers. No explanations.
No apologies.
However, I suspect there was panic behind the scenes.
After I questioned Tui, it offered you a 20 per cent refund, but on the same day contacted the couple whose complaint we published a fortnight ago and offered them a 100 percent refund.
They told me, I told you, and you told Tui what it could do with its 20 per cent offer.
A few hours later Tui surrendered and repaid you and your husband in full, along with your sister and her husband.
Bank mix-up has mislaid my £300
Ms G.W. writes: My Barclays account was closed, with the balance transferred to Nationwide.
Unfortunately, a £300 payment was recently made to the old Barclays account.
Barclays has attempted to transfer the money to Nationwide, but claims the building society will not accept it. However, Nationwide says there is no problem.
Tony Hetherington replies: The root of the problem is that the system for transferring money from your obsolete account to your new Nationwide account expired after three years – and those three years were up in July, just before your £300 landed in the old Barclays account! This is why the transfer failed.
Barclays told me: ‘We apologise for the delay experienced to the customer’s former Barclays account. Attempts to automatically transfer the funds to the new Nationwide account were unsuccessful.’ The transfer has now been made, and Barclays has added interest and a further £100 by way of apology.
If you believe you are the victim of financial wrongdoing, write to Tony Hetherington at Financial Mail, 9 Derry Street, London W8 5HY or email tony.hetherington@mailonsunday.co.uk. Because of the high volume of enquiries, personal replies cannot be given. Please send only copies of original documents, which we regret cannot be returned.
