Thomas Cook/OnTheBeach Package Holiday - FLIGHTS CANCELLED

katrien

Hi,

Just wondering if anyone could give me advice about this situation.

I booked a holiday through "On The Beach" [otbeach.com]. It was a package holiday to Agadir & the flights are via Thomas Cook.

I received a letter today stating that the flights have been cancelled and no alternative ones shall be offered. On The Beach informed me I was entitled to find alternate flights myself on the internet, upon which I should not book, but telephone them and they will book them, but any excess cost over what the holiday cost must be payable by me.

The other alternative is that I cancel the entire holiday but will be subject to a cancellation fee by the hotel and a £25/person cancellation fee by On The Beach.

The holiday cost circa.£300 each to Agadir, Morocco.

Having searched the internet, as suspected, the cheapest flights available are to Marrakech and cost £150 each, so £300 for the two of us travelling. Basically the cost of the entire holiday!!! Agadir is a small airport, so I didn't expect to find any suitable flights and low and behold there were none, other than ridiculous two or three stop £1500 flights. Clearly not an option.

So basically:
1) If I book new flights, I pay the extra at a ridiculous price.
2) I book a new holiday, but I have to pay charges to On The Beach as they will argue it was Thomas Cook's fault, not their own.

It feels as though I lose either way, when it certainly was not my fault and I am the weaker consumer party in the situation. It seems this three-way contract simply bites me but not the corporations.

So sorry for the length of the message, it is some sort of venting, but primarily...

Does anyone have any advice on how to proceed tomorrow? Who should I be aiming at? Do I have any rights? Any previous experience with either of these companies?

Kind regards & thank you in advance!!!

littlereddevil

No way can you be charged for them cancelling your holiday.
OTB are infamous for their bad service. If it was a package they are cancelling your holiday,not you.

spender

I have sent you a pm

richardw

easyJet fly from Gatwick to Agadir.

casevlloyds

As far as I'm aware (and I may be wrong as our company has nothing to do with OTB so I'm not that familiar with them) the very point of OTB is that you are NOT booking a package holiday at all. The website allows you to select flights and hotels and transfers and add them all together but it is not a package holiday and thus not protected like one, you are simply using one website to book seperate componants through different suppliers.

This is the main problem when self packaing holidays in this manner, when one element fails you get left with various costs from the other suppliers.

Agree though, extremely frustrating for you - especially if you were under the impression that you were booking a package holiday.

Oggyoi

Onthebeach wrote: »

I saw you on the beach and I would advise you to not visit the beach again because your pale skin will get burnt out, mate.

P.S.: I'm a lawyer and skin care specialist from otbeach.com, I'm qualified to give you this advise.

You are a retard, I am qualified to give you this advice.

katrien

Oh I see, thanks. Uhm well does that mean as their role is to provide a full compliment of separate elements of a holiday, that if one should fall through I do not owe them money? I fail to see how I owe cancellation money if they fail in their job to collate a flight and hotel correctly?

Also the conditions on the back of the letter contradict those detailed on the website re. charges for cancellation.

stephb34

From what you've said this doesnt appear to be a package holiday but individual components and On the beach are responsible for refunding your money, but from other peoples experiences its highly unlikely they will and Thomas Cook are just unlucky to be associated with them on this occasion. Alan Bowen who helps people on here may have some good advice for you.
I think its a disgrace that this company expect you to do all the work on finding replacement flights and then charge you extra for the pleasure of doing it as well. I hope you have some success.

katrien

casevlloyds wrote: »

As far as I'm aware (and I may be wrong as our company has nothing to do with OTB so I'm not that familiar with them) the very point of OTB is that you are NOT booking a package holiday at all. The website allows you to select flights and hotels and transfers and add them all together but it is not a package holiday and thus not protected like one, you are simply using one website to book seperate componants through different suppliers.

This is the main problem when self packaing holidays in this manner, when one element fails you get left with various costs from the other suppliers.

Agree though, extremely frustrating for you - especially if you were under the impression that you were booking a package holiday.

I read the T&C's on their website and it does seem they are saying that. They are acting as agent for me and make it very clear that my contracts are with the individual principals, i.e Thomas Cook & the hotel. In that case, if there is no contract with OTB then on what basis is their claim to fees for my cancelling the holiday? My fees would only be due to the hotel, which I recognise. Could you explain the relationship more thoroughly?

katrien

Cityboy wrote: »

Katrien

You have rights under 2 pieces of legislation. The package holiday regs as follows:

and EC 261/2004 which covers delays and cancellations as follows:


I believe that in the first instance you should consult the package holiday reg although you may get more benefit from 261/2004. Under this reg, the airline should either re-route or reimburse you. If you find another re-route of your choosing, you could ultimately force the airline to court to enforce this right (and of course receive the difference in cost).

The relevant package holiday paras are as follows:

• Significant proportion of services not provided
  14.—(1) The terms set out in paragraphs (2) and (3) below are implied in every contract and apply where, after departure, a significant proportion of the services contracted for is not provided or the organiser becomes aware that he will be unable to procure a significant proportion of the services to be provided.
  
  (2) The organiser will make suitable alternative arrangements, at no extra cost to the consumer, for the continuation of the package and will, where appropriate, compensate the consumer for the difference between the services to be supplied under the contract and those supplied.
  
  (3) If it is impossible to make arrangements as described in paragraph (2), or these are not accepted by the consumer for good reasons, the organiser will, where appropriate, provide the consumer with equivalent transport back to the place of departure or to another place to which the consumer has agreed and will, where appropriate, compensate the consumer.
  

• Liability of other party to the contract for proper performance of obligations under contract
  15.—(1) The other party to the contract is liable to the consumer for the proper performance of the obligations under the contract, irrespective of whether such obligations are to be performed by that other party or by other suppliers of services but this shall not affect any remedy or right of action which that other party may have against those other suppliers of services.
  
  (2) The other party to the contract is liable to the consumer for any damage caused to him by the failure to perform the contract or the improper performance of the contract unless the failure or the improper performance is due neither to any fault of that other party nor to that of another supplier of services, because—
  
  
  • (a) the failures which occur in the performance of the contract are attributable to the consumer;
  • (b) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable; or
  • (c) such failures are due to—
    
    
    • (i) unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, the consequences of which could not have been avoided even if all due care had been exercised; or
    • (ii) an event which the other party to the contract or the supplier of services, even with all due care, could not foresee or forestall.
  (3) In the case of damage arising from the non-performance or improper performance of the services involved in the package, the contract may provide for compensation to be limited in accordance with the international conventions which govern such services.
  
  (4) In the case of damage other than personal injury resulting from the non-performance or improper performance of the services involved in the package, the contract may include a term limiting the amount of compensation which will be paid to the consumer, provided that the limitation is not unreasonable.
  
  (5) Without prejudice to paragraph (3) and paragraph (4) above, liability under paragraphs (1) and (2) above cannot be excluded by any contractual term.
  
  (6) The terms set out in paragraphs (7) and (8) below are implied in every contract.
  
  (7) In the circumstances described in paragraph (2)(b) and (c) of this regulation, the other party to the contract will give prompt assistance to a consumer in difficulty.
  
  (8) If the consumer complains about a defect in the performance of the contract, the other party to the contract, or his local representative, if there is one, will make prompt efforts to find appropriate solutions.
  
  (9) The contract must clearly and explicitly oblige the consumer to communicate at the earliest opportunity, in writing or any other appropriate form, to the supplier of the services concerned and to the other party to the contract any failure which he perceives at the place where the services concerned are supplied.

Para 14.(2) would seem to afford you the protection you are after.

Let us know how you get on.

Thank you very much. That is useful. I am doing my LPC so really should have searched it myself with my wonderful PLR skills

deegee999

Ryanair do stanstead to agadir at about 75 ish per person.