No ‘smooth, comfortable travel experience’: firm penalised, tourists awarded Rs 2L

The complainants contended that the repeated disruptions deprived them of the comfortable and hassle-free experience promised by the tour operator and caused considerable mental and physical hardship.

In its defence, Thomas Cook, through its counsel, submitted that the complainants had booked the tour after accepting the terms and conditions and that the coach breakdown resulted from an unforeseen technical snag attributable to an independent contractor.

The company’s counsel said the terms and conditions clearly stipulate that they acted merely as a travel agent and organiser, facilitating services through independent contractors such as airlines, hotels, and coach operators, and shall not be held liable for any deficiency attributable to such independent service providers.

The company argued that the incident was beyond its control and that replacement arrangements, refreshments and packaged meals had been provided to passengers.

Rejecting the company’s stand, the Commission observed, “a consumer books such tours with the legitimate expectation of a hassle-free and comfortable experience. The plea of the Thomas Cook that they are merely facilitators and not responsible for acts of independent contractors cannot be accepted in its entirety, especially when the services are offered as a composite package under (Thomas Cook) brand and assurance.”

“Waiting for hours in adverse weather conditions and late-night hotel check-ins cannot be termed as minor inconvenience,” it observed.
The Bench further held that providing refreshments after the breakdowns did not absolve the company of liability, calling them “reactive measures rather than proactive planning”.

“A premium tour operator is expected to ensure contingency arrangements, particularly in foreign tours involving senior citizens,” the panel held.

While rejecting other allegations relating to sightseeing exclusions, cabin category and hotel quality for lack of proof, the commission held Thomas Cook deficient in service in relation to transportation arrangements and awarded a consolidated compensation of Rs 2 lakh, including litigation expenses.