Holiday Compensation

htwfrank

Dear SeeEmilyPlay

I have only just seen this post so I hope that this information is now useful!

I have noted the circumstances surrounding your travel problem and the response to you by the travel company. I have also noted the question as to whether this was a package holiday or not.

I will deal with the package issue first of all. I am from HolidayTravelWatch and we have been campaigning and commenting on this matter since 2005. For the majority of holidaymakers they will have booked a package holiday, despite attempts by various terms and conditions to claim otherwise. This is recognised by not only the UK Government but also the EU Commission and the new Package Travel Directive will close the so-called loopholes later this year. For the present, rest assured that there are many Consumers who contact us who are able to establish that what they have bought is a Package Holiday and that they therefore benefit from the protections of the Package Travel Regulations.

What is interesting about your case is that the travel company are offering you a resolution which in part reflects that contained within the Package Travel Regulations and if they are members of ABTA, within their Code of Conduct.

Simply, the situation you found yourself in was what is known as a 'significant change' before departure.

Under the Regulations, Regulation 12 states that if the organiser or your holiday finds that it is necessary to make a 'significant change' to your holiday before you leave, then they must let you know as soon as possible. They must allow you to decide whether you are going to continue with the holiday (in which case they must mark the contract as changed) or to allow you to cancel without penalty. Under Regulation 12, you have to let the organiser know as soon as possible what you are going to do.

Regulation 13 gives you further rights. Where the organiser has made a 'significant change' to your holiday under Regulation 12, they must also offer the following rights - an upgrade where it is available, a downgrade with the price difference being paid or the return of your holiday cost. In addition, compensation may be paid (there are exceptions which really do not apply to you as I understand the facts).

In your case they appear to have offered you a downgrade without an exploration of other options. Other options do not mean you have to pay for them - that is not what the Regulation states. They also appear to have offered some form of compensation, so you can see the similarity to the Regulations. Also, I suspect that if this was a true so-called DIY Holiday, there would be no offer and they would simply refer you to the suppliers contract and so on.

I appreciate that you either may be about to depart or have just left.

If you have not yet gone, you should acquaint them with your new found knowledge and challenge them for the delivery of the full set of rights.

If they remain adament that their offer is final and you want to continue with the holiday (remember if you cancel you will have to forfeit the cancellation charges which I would suggest would be 100% of the holiday cost and you would have to demonstrate to a court that you mitigated your position), then you should state clearly (in writing via special delivery) that the matter is not closed and that you do not accept anything they have offered in full and final settlement of your claim. You should also include copies of travel reviews which demonstrate your concerns about the hotel they intend to send you to and advise them that you will hold them responsible for any failure in the holiday product or any threat to your health and safety. You should advise them clearly that you will pursue the matter on your return.

In the event that you have now departed on holiday, I hope that your fears have not been realised.

If you are in the unfortunate position where the reviews were correct, you need to think about Regulation 14!

Firstly you should think about what you have initially contracted for; what services were included etc? What is now being delivered? Can it be said that a 'significant proportion of services' have not been delivered as was agreed?

If that is the case, then Regulation 14 states that you should bring this to the attention of the tour company rep and you must allow them the opportunity to resolve it. If they then present a resolution but this is not acceptable to you, then you must state good reasons why you are not accepting it and they must return you asap by comparable transport back to your original departure point. You should also be given compensation where appropriate. You are not required to pay additional costs to return you etc!

On compensation, the tour companies have considered this point and provide small amounts within their terms and conditions. Rarely do these amounts cover aditional expenses and again, any acceptance should be clearly stated that it is not in full and final settlement of the claim and this should be done in writing via special delivery.

If you have any problems then come back to me directly.

I hope that this assists.

Regards,

Frank
HTW

htwfrank

Dear SeeEmilyPlay

Sorry; I have just seen the Data Protection point!

You are quite right, you can request such data as it applies to you and your booking. You can request copies of documentation, phone transcripts etc and we provide a free template letter to do so. The normal cost is £10 per request. There is a maximum fee allowable of up to £50. If they refuse to acknowledge or provide you with such information, then report them directly to the Information Commissioner.

Hope that assists.

Regards,

Frank
HTW

SeeEmilyPlay

HTWFrank

Wow - many thanks for your reply. I've only just read it but was on holiday when you sent it.

I've sent you a DM with more interesting information which gives you a fuller picture. And there are 2 questions at the end.

Many thanks again