booked holiday described as adults only in brochure now found out it is not plse help

unholyangel

If a change materially alters the description of what you have bought, they'd have a hard time trying to justify holding you to contract.

If a contract is to be considered balanced, it must be equally binding on both the consumer AND supplier. Having a contract where they can change what is supplied and you are bound to go on paying regardless, is grossly unfair and upsets that balance.

They cant retrospectively change what was agreed.

If it as a minor change (such as departing 30 mins later) then you'd likely have no grounds to cancel as the breach would be trivial. But this kind of change isnt trivial, they're actually changing what is supplied.

6grandchildren

thumbreport thank you for reposting your comment, apologies you needed to do it due to my cross-posting in my upset yesterday, I am calmer today.

also. last poster thank you for April online link, but I did book instore from the paper brochure so cant see how I was meant to check online for accuracy of paper version. not that I am implying anyone on here is suggesting that. far from it I want to thank everyone for the valuable information i am receiving.

I have just drafted a letter which I intend to send to CEO containing some of the suggestions re rights. My fear and worry is the short timescale to departure date & It looks from reading others problems with holiday companies that they can be slow in response, time I dont have.

jkkne

My eyesight may be failing but December and April brochures look the same. No blue July

Op have you got the original brochure?

mountainofdebt

But is the fact that the cruise is not now an adult only cruise (given that the OP didn't say to the girl in the shop I want an adult only cruise) a material fact -if they advertised the cruise as going to X Y X and now only went to x then yes I would agree with you that is a material change - is the type of passenger being accepted on board (which is what we're talking about) a material change?

6grandchildren

jkkne wrote: »

My eyesight may be failing but December and April brochures look the same. No blue July

Op have you got the original brochure?

the brochure I have is the paper copy (April edition) its on the inside front cover shows cruise calendar from May 2013 and shows under celebration for most of July highlighted blue....then as already stated says where highlighted blue is Adult only. there are no pages in the brochure that relates to that and indeed lots of other cruises it shows a hash sigh, that says speak to the travel consultant for details, which is just what we did!

Buzby

Having been on the Celebration, I recall there were only 6 weeks in the year that were shown as Adults Only. We liked the idea of this, but were going on a transit through the Suez Canal, and this was not an option, so we went regardless.

We worried needlessly - the total number of children spotted on the first day's lifeboat drill was 6. We saw one or two through the week, but the ship is pretty small and we thought we would have been aware of many more - we weren't.

Also the profile is wrong - the average age on our trip appeared to be 65!

Go, and enjoy it - if you've never been, you'll enjoy it - any kids are off on their own program of events that do not cross with adults.

6grandchildren

mountainofdebt wrote: »

But is the fact that the cruise is not now an adult only cruise (given that the OP didn't say to the girl in the shop I want an adult only cruise) a material fact -if they advertised the cruise as going to X Y X and now only went to x then yes I would agree with you that is a material change - is the type of passenger being accepted on board (which is what we're talking about) a material change?

I would accept if the destinations needed to be changed due to bad weather etc, that has happened to us in the past. it is unforseen and unavoidable.

it does sounds bad saying the type of passenger, i love children, look at my post name. work with children, would have been nice to have a break from them, its like eating chocolate 24/7, nice to eat meat as a change.

this change is not unavoidable or unforseen.

mountainofdebt

6grandchildren wrote: »

I would accept if the destinations needed to be changed due to bad weather etc, that has happened to us in the past. it is unforseen and unavoidable.

it does sounds bad saying the type of passenger, i love children, look at my post name. work with children, would have been nice to have a break from them, its like eating chocolate 24/7, nice to eat meat as a change.

this change is not unavoidable or unforseen.

OP

I'm being abit of a devils advocate.

What I was trying to get at is if you didn't specifically say I want an adult cruise is the fact that this cruise now appears not to be good enough for you to legally cancel it

unholyangel

mountainofdebt wrote: »

But is the fact that the cruise is not now an adult only cruise (given that the OP didn't say to the girl in the shop I want an adult only cruise) a material fact -if they advertised the cruise as going to X Y X and now only went to x then yes I would agree with you that is a material change - is the type of passenger being accepted on board (which is what we're talking about) a material change?

If OP booked based on it being adults only - even if by brochure, then its doesnt conform to contract and the information they were given was misleading.

It would be like booking an under 30's holiday only for them to change it to an over 60's.

Their defence is really only valid if they have not advertised it as such. In other words, if they made no mention of adults only and OP just assumed.

6grandchildren

UPDATE I have had a call from Thomson who originally told me that I cant cancel with full refund as they can amend booking and confirmed the cruise is not adults only and children will be on board.

I was told that I could transfer onto another Thomson adult only cruise in July, but that they do not have any adults only cruises in July!, but that on this occasion as a one off they would allow me to transfer to a land based adult only holiday.

I said that none of the above was acceptable and quoted the regulations as have been shared on here.

they have just rang back and told me that I can cancel and have a full refund. but wont pay the £30 compensation that is under their terms as it is not a major change!

all of this was done via a third party who was the deputy manager of the shop, relaying messages from head office. I could tell she was on my side and agreed with my being mis-sold.
I have been told it can take 14 days to get my money back into my bank......tricky for me to rebook maybe.
but a result...........I wanted the cruise, need the break, but wanted also what I had booked.
Thank you all who posted for your support and good advice.