Cosmos Holidays Complaints
Cosmos is one of the most established tour operators in the UK, with more than 50 years’ experience in selling holidays, but Simpson Millar’s Holiday Claims Team can still receive complaints about Cosmos package holidays from holidaymakers who may have been ill on holiday or suffered an accident through no fault of their own – or who felt that their holiday did not match the brochure description.
Cosmos sells flights, hotels and villas as well as package holidays and tours, so make sure you are booking a package holiday – you should receive an ATOL Certificate confirming your holiday is a package at the time you book.
You and the Law
If you book a package holiday with Cosmos and something goes wrong – such as illness or injury, or your holiday is not as described in the brochure or online – you are protected under the Package Travel Regulations 1992 and can usually make a ‘No Win No Fee’ claim for holiday compensation.
Time Limits for Cosmos Complaints
Under the Package Travel Regulations 1992, you have 3 years in which to make a personal injury claim for holiday illness or injury on a Cosmos package holiday.
In the case of children who become ill on holiday, the time limit is 3 years from the age of 18.
The court does not often extend time limits for making a holiday illness claim if you develop further complications as a direct result of illness or injury on a Cosmos package holiday.
Once you accept a full and final settlement offer of compensation, you may not be able to make a further claim and this is why you should take legal advice from Simpson Millar’s Holiday Claims Team before you start your claim.
In cases involving a complaint about the quality of your Cosmos package holiday, you have 6 years to start court proceedings for breach of contract or misrepresentation.
How to Deal with Cosmos Holiday Complaints
Important Notice: If your complaint concerns you or a family member falling ill or sick on holiday because of food poisoning – or you have suffered and accident abroad and wish to complain to Cosmos – get some free advice from Simpson Millar before you contact Cosmos.
If you have a complaint about a package holiday booked with Cosmos, it is important that you follow the complaints procedure set out in the Terms & Conditions you received with your booking confirmation.
It is best to make an initial complaint to your Cosmos holiday representative or Cosmos customer services in the UK while you are in resort, to give them a chance to put things right.
However, if you were ill or suffered an accident on a Cosmos package holiday through no fault of your own – or your complaint was not resolved satisfactorily – it is likely you can make a ‘No Win No Fee’ claim for holiday compensation against Cosmos.
- When you return home, write to Cosmos and state clearly what your complaint about your Cosmos holiday involves and what has happened so far eg details of any complaint(s) you made in resort and the response you received.
- Make sure you explain how your family or party was affected by what happened eg if you were ill on a Cosmos package holiday, state how long you were ill and symptoms and any treatment received, and how the holiday was spoiled (you could not leave your hotel room, for example); or explain the ways in which your holiday or hotel were not as described in the brochure and you were disappointed and/or were unable to change hotels.
- Listing your complaint as bullet points can make it clearer and easier to read, especially if you are complaining about more than one issue.
- There is no need to be rude or sound angry in your letter to Cosmos – this may make matters worse, because if a judge in court has to read it, a rude or sarcastic letter may not reflect well on you and might make you seem unreasonable.
- Keep copies of all letters and records of documents like receipts for medical expenses or out-of-pocket expenses like taxis.
- Images and video evidence are hard to deny, so make sure you take photos of poor maintenance or lapses in food hygiene to back up your claim.
- Be reasonable about the amount of compensation you are seeking – ask Simpson Millar for advice if necessary. Judges are not often sympathetic to claimants who ask for large sums of compensation which do not reflect the value of their claim.
- Cosmos is a member of ABTA (membership number V0531) and ATOL (ATOL holder number 2275) – if you booked a package holiday, you should have received an ATOL Certificate when you booked.
- ABTA and ATOL offer holidaymakers protection if things go wrong and under ABTA regulations a complaint must be acknowledged within 14 days and a full response given by the tour operator within 28 days.
- If you are unhappy with the response from Cosmos, you can refer your case to ABTA’s Arbitration Scheme or make a claim through the Small Claims Court.
To find out more about ABTA’s Arbitration Scheme click here.
To find out about how you can a claim in the Small Claims Court click here.
Personal Injury Holiday Claims
If you have suffered illness or injury on a Cosmos package holiday through no fault of your own, contact Simpson Millar before you write your formal letter of complaint to Cosmos.
Simpson Millar’s Holiday Claims Team can advise you how much your Personal Injury Holiday Claim is worth and help you make a claim against Cosmos on a ‘No Win No Fee’ basis.
Tour operators will always try and pay holidaymakers who have fallen ill or been injured on package holidays as little compensation as possible.
Remember, if you handle your holiday illness or accident claim yourself, once you have accepted an offer from Cosmos, it will be in full and final settlement and your claim will end.
Should you develop further symptoms – or your injury should become worse in the future – you may not be able to claim again. This is why you need to take advice from Simpson Millar about your claim to make sure you get the best possible outcome.
Simpson Millar is one of the leading holiday claims firms in the UK – and our Specialist Personal Injury Holiday Claims Lawyers can offer free advice and help you make a claim for holiday illness or holiday accident compensation, if you have been ill or suffered injury through no fault of your own on a Cosmos package holiday.