[Resolved]  Thomas Cook (India) Ltd — Refund of Rs.1,00,000/- (Rs.one lac only)

Dear Dr. Choudhary,


You booked our ‘Grand Bargain Tour of Europe’ departing on May 21, 2013 and confirmed the same via a booking amount of Rs 1 lakh on January 7, 2013.

Noteworthy, and we hence bring to your attention, that while you had booked this tour for your wife and yourself, you did so together with your friends Mr & Mrs Bhargava. As against your feedback, it is important that we place before you the fact that Mr & Mrs Bhargava, not only made full payment, but are delighted customers, having availed of our services and travelled on the said tour.

On April 11, 2013, our office informed you about an increase in tour pricing due to an escalation in the fuel surcharge component of the air fare. This is a charge levied by airlines and completely beyond our control or jurisdiction. An email was accordingly sent to the client via our central operations in Mumbai.

May we highlight that this specific point has also been reiterated via our brochure ‘Hello Europe Value’ which categorically states at the end of every itinerary, under “Points to be noted”- ‘The airfare is based on the fare structure existing as on August 31, 2012. Any further increase in the airfare due to an increase in fuel price, change in Government regulations, taxes etc. charged by the airline will have to be borne by the passenger Thomas Cook will not be held responsible for the same.”

The Rupee saw unprecedented depreciation against all major currencies, including the Euro, during 2013. This in turn adversely impacted all foreign exchange related sectors of the Indian Industry, including international travel and tourism: land costs (a major component of outbound tours) witnessed a domino effect, via escalating prices. This increase in pricing was highlighted to all our clients- via emails and personalized calls.

Further, our Booking Form reiterates the same under Terms & Conditions which states: “Payments made toward the foreign exchange component of your tour will be calculated as per the ROE (rate of exchange) of that given day’’. It is pertinent to note that you had confirmed and accepted the said Terms & Conditions via a signed booking form, a copy of which we have in our possession.

• On April 12, 2013, as standard operating procedure, a reminder email was sent to you on your pending payment, clearly stating the total amount payable by you, including the increase in the Rate of Exchange of the Euro. (Our tour costed at an ROE as on January 7, 2013 was INR 67; while the sharp escalation of the Euro resulted in an ROE on April 11, 2013 at INR 72.30). May we emphasize that such a fall in the rupee was unforeseen, and clearly neither under our control nor influence.

• On May 4, 2013, you had arbitrarily requested for a deferred departure date (against his booked date of May 21, or a cancellation). It is pertinent to point out that the request for a date change, clearly indicates your intent: merely an amendment in date and not a non-acceptance of fuel surcharge or ROE increase.

• On May 17, 2013, you then requested for a tour cancellation.
At this juncture, we would like to firmly place on record that in addition to ongoing calls and clarifications from our local Leisure Travel representatives, you werecontacted by our senior team members, including Mr Jitender Choudhary, who heads the Region. You were repeatedly informed that any change less than 30 days to departure date, would attract high penalties and cancellation charges, as the tour was non-refundable; further that payments had being made to all suppliers to secure the booking.

• On May 14 & 15, 2013: The owner of our Gold Circle Partner franchise, Mr R Bhardwaj, personally spoke with you, with a request that he travel as scheduled while reiterating the risk of high penalties should he opt for a change or cancellation. It is of key importance and we hence share with you your submission: He disclosed that while he was aware of the negative fall-out and penalties applicable, he would pursue his cancellation request, as he was already holding a booking with another agent.

•As you are aware, a cancellation merely four days prior to departure, results in severe losses to our Company. Notwithstanding this, as also the unbecoming attempts on the part of you, given our customer focus at TCIL, we had offered him the option of a credit voucher, with the opportunity to travel at a later date or a different tour of his choice. Both our offers were rejected by you. Please note that his Visa and Insurance had already been processed and we had to incur charges for the same.

•As a final gesture of goodwill, our senior Manager, Mr. G Thakur, had spoken to you with the choice of a credit note of Rs. 73, 358 for future holidays or a refund for the said value, post deducting the charges of both visas obtained and admin fees.

At Thomas Cook India, we are committed to providing our customers with a smooth travel experience and world-class service. Being tour operators, changes in foreign exchange rates, rupee volatility, fuel costs, etc., are clearly areas beyond our jurisdiction. While we empathize with our customers and in proffer solutions and options, as done on several occasions in your case, such attempts to defame our organization are highly unjustified and will not be condoned.

They have horrible service record. The credit note is of no value as one wouldn't want to book them again. If the services are so bad the first time, why would they take any care in taking care of the clients who are paying though credit notes?