Package Holiday rights

AlexUK_3

Just a general enquiry as I remember reading something last year from Martin that said once a flight is delayed over 12 hours you can demand a refund on a package holiday and not go on the delayed holiday. Have I remembered this correctly and is it the same for the Volcano disruption?

I found the below on ABTA and it reads as if the above is correct - anyone confirm package holiday rights please?

(b) What if the flight is delayed or planned to be delayed?
All airlines, when flying out of the UK, have obligations under the EU Denied Boarding Regulations. If the delay is more than 5 hours, the airline must offer a refund of the ticket price. For shorter delays, it has certain obligations as regards meals and refreshments in a reasonable relation to the waiting time, plus two free phone calls, faxes or emails. These depend on the length of the delay and the length of your flight.

In terms of package holidays, if the delay results in a significant change to the holiday then again the tour operator must offer the choice of an alternative, if they can, or a refund. Where the flight is delayed and it isn’t clear whether a significant change will result, the tour operator doesn’t have to offer an alternative or a refund until they’re constrained or forced to make a significant change, i.e. when there‘s no prospect that the delay will only lead to a minor change. A significant change is generally taken to be 12 hours on a 14-night holiday.
In addition, customers should contact their travel insurance providers to determine what cover is available under their policy.
3. How does “force majeure” come into this situation?
The fact that the disruption is clearly being caused by an exceptional circumstance, doesn’t affect the basic obligations described above on airlines and tour operators. It only means that customers aren’t entitled to additional compensation on top.