A County Court judgment against Thomas Cook has underlined how simple mistakes made by agents when giving clients details about product could prove costly.
Customer Barry McKay brought the case against the retailer after booking a Baltic cruise for his family on the launch sailing of Cunard’s new ship Queen Elizabeth in 2010. During an initial conversation with a Thomas Cook cruise sales rep, he was given wrong information about the size of two cabins he requested, an error that could not be rectified without him paying more.
Although Thomas Cook offered to cancel the £25,221 booking for no charge and offered alternative cabins, Slough County Court ruled none of the options amounted to the original deal.
Despite the main contract being between McKay and Cunard, the court ruled a “collateral contract” had been made between Thomas Cook and the customer as a result of a conversation with the agent.
Thomas Cook, which conceded the error had been made, had argued it was acting as the
agent for Cunard.
The written judgment said: “Thomas Cook appears to be labouring under the misapprehension that they had no liability to the claimant whatsoever in respect of their breach [of contract].”
McKay went on the cruise he booked but paid an additional £12,247 to get the floor space he had requested. This amount, plus interest, was awarded to him.
Thomas Cook said it does not intend to appeal the ruling, which is not binding on other higher courts.
A spokesman said: “On rare occasions genuine mistakes can happen. As in this case, we do everything we can to rectify them but Mr McKay decided to pay the additional cost and obtain recourse through the court.”