COLLATING strong evidence in support of a tour operator’s case is vital to enable arbitrators to make an informed decision, according to ABTA arbitration panel convener Marcus Rutherford.
He cited the Malta Sun Holidays case in which the company had collected 70 or 80 letters from customers in support of the tour operator when it defended a civil court case.
The three separate complainants went on to win nominal compensation from the company (Travel Weekly August 26).
“Some of the evidence that Malta Sun put out was vast. They had letters from people who had gone back to the resort time and time again. They had produced reports from local managers and tour operators. The bundle of information was astonishing in is completeness.”
The judge in the case had made the unusual case of visiting the all-inclusive resort in Malta, which was the subject of the case, to help make his decision. Rutherford said if this approach was adopted all the time, it would take years to resolve disputes.
ABTA’s Arbitration Scheme, which is administered by the Chartered Institute of Arbitrators, only allows written and video evidence.
TABLE: ABTAcomplaints and arbitrations 1993-1998