Holiday cancelled by Travel Company

Eddie50_2

In March 2015 I started negotiations with Titan Travel UK for building one of their Escorted Tours into a 3 weeks holiday in Canada. They fully understood I wanted to use Air Miles and fly to/from Vancouver & Calgary, then we would join their Escorted inclusive Tour in Calgary which after 14 days would end in Vancouver whereupon we would make our own arrangements for another week in Canada. Titan fully agreed and gave me a price excluding the Air fares. I duly booked the Tour, Flights, Car hire & hotels for before & after the Tour in early September 2015. Holiday being in June 2016.
In March 2016 Titan told me the Tour was cancelled due to insufficient number of bookings. Their alternative date is impossible due to flight unavailability and other factors.
Titan firstly offered me insulting compensation (£50 off next booking with them), then they would pay more ONLY if I cancelled all my travel plans - thus denying me any possibility of arranging a replacement holiday. Now they have offered better compensation "due to admitting their failure to maintain their high standards".
BUT, in trying to save our 'landmark' (we are both Pensioners) holiday and keeping our Air Miles flights we are faced with £2500 - £3000 in extra costs of a replacement holiday. The delay of 6 months in cancelling the Tour means that availability of alternative Tours is extremely difficult and much more expensive, and not Like for Like.
The Consumer Credit Act Section 75 says that my Credit Card provider is jointly liable for the holiday cost PLUS my consequential costs being the increased replacement holiday expenses.
But I fear they may say ..... Titan are not the 'end Supplier' so No Claim.
Titan are hiding behind their micro small print, but never did they highlight the possibility of cancellation due to numbers of people. They admit they were wrong in this failing.

Does anyone know if I'm likely to win my Section 75 Act claim?
Has anyone experienced this problem with Titan of Other travel firm?
Did you know that even if they say the holiday is confirmed, that's not the same as Guaranteed, and they can cancel the confirmation?
Did you know that some Travel agents DO HIGHLIGHT the possibility of numbers cancellation, before they take your booking?
Titan make grandiose Service claims, but their IMPORTANT FACTS brochure statements do not mention any cancellation condition due to numbers.

Any knowledge/facts/hints anyone?:(

callum9999

Eddie50 wrote: »

In March 2015 I started negotiations with Titan Travel UK for building one of their Escorted Tours into a 3 weeks holiday in Canada. They fully understood I wanted to use Air Miles and fly to/from Vancouver & Calgary, then we would join their Escorted inclusive Tour in Calgary which after 14 days would end in Vancouver whereupon we would make our own arrangements for another week in Canada. Titan fully agreed and gave me a price excluding the Air fares. I duly booked the Tour, Flights, Car hire & hotels for before & after the Tour in early September 2015. Holiday being in June 2016.
In March 2016 Titan told me the Tour was cancelled due to insufficient number of bookings. Their alternative date is impossible due to flight unavailability and other factors.
Titan firstly offered me insulting compensation (£50 off next booking with them), then they would pay more ONLY if I cancelled all my travel plans - thus denying me any possibility of arranging a replacement holiday. Now they have offered better compensation "due to admitting their failure to maintain their high standards".
BUT, in trying to save our 'landmark' (we are both Pensioners) holiday and keeping our Air Miles flights we are faced with £2500 - £3000 in extra costs of a replacement holiday. The delay of 6 months in cancelling the Tour means that availability of alternative Tours is extremely difficult and much more expensive, and not Like for Like.
The Consumer Credit Act Section 75 says that my Credit Card provider is jointly liable for the holiday cost PLUS my consequential costs being the increased replacement holiday expenses.
But I fear they may say ..... Titan are not the 'end Supplier' so No Claim.
Titan are hiding behind their micro small print, but never did they highlight the possibility of cancellation due to numbers of people. They admit they were wrong in this failing.

Does anyone know if I'm likely to win my Section 75 Act claim?
Has anyone experienced this problem with Titan of Other travel firm?
Did you know that even if they say the holiday is confirmed, that's not the same as Guaranteed, and they can cancel the confirmation?
Did you know that some Travel agents DO HIGHLIGHT the possibility of numbers cancellation, before they take your booking?
Titan make grandiose Service claims, but their IMPORTANT FACTS brochure statements do not mention any cancellation condition due to numbers.

Any knowledge/facts/hints anyone?:(

No you won't win a S75 claim as you've been refunded. Titan don't appear to (legally) have done anything wrong - as infuriating as that will be to you.

If you give more information (the alternative dates offered, what airmiles scheme you're using (and whether it's economy/business/first class), the itinerary of the tour and what it cost) then I/others would possibly be able to find you a similar itinerary - I'm sure you can find something vaguely similar, or find alternative flights for much less than £3000.

Westin

I think you will find most, if not all Operators of tours will have a minimum number for a tour and will within their T&Cs cover themselves to cancel or reschedule if the tour group size falls below this number.

I think where you have fallen foul is that you have bought just one part or component of the holidays from Titan and are now left with trying to resolve an issue with the flights which you booked separately. Had you booked a full package then Titan would have been responsible for moving flights around and covering any extra costs.

Titan are hiding behind their micro small print, but never did they highlight the possibility of cancellation due to numbers of people

Not sure about your comment on Titan hiding behind "micro small print" or not highlighting this as a potential issue. We have a Titan Tour booked for this August. The brochure is very clear on the group size and the possibility of cancelling. I'm sure I also read this on their website when I was doing the research. When I booked over the phone I asked how many had already booked on the tour (38 at the time) so had a degree of certainty that we would be OK. After booking the confirmation was received in the post. The "micro small print" gives more details and information about our tour and under the section - If we change or cancel your holiday - it again points out that "we also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required to operate the tour is not reached, then we may cancel it. We will not cancel your travel arrangements less than 75 days before your departure date...". The same is repeated in the brochure.

Did you know that even if they say the holiday is confirmed, that's not the same as Guaranteed, and they can cancel the confirmation?

Yes, as it is in the brochure and within the confirmation paperwork which we read.

Did you know that some Travel agents DO HIGHLIGHT the possibility of numbers cancellation, before they take your booking?

Yes, including Titan. It's in the brochure.

Titan make grandiose Service claims, but their IMPORTANT FACTS brochure statements do not mention any cancellation condition due to numbers

.

Yes they do - but you unfortunately did not see/read them.

All the above is probably not what you want to hear but as someone who is an upcoming customer of a Titan Tour, we certainly were aware of this before booking by researching their literature - before booking and after booking. Brochure is clear. Holidays confirmation information is clear.

Hope you get things sorted to your satisfaction.

blindman

callum9999 wrote: »

No you won't win a S75 claim as you've been refunded. Titan don't appear to (legally) have done anything wrong - as infuriating as that will be to you.

If you give more information (the alternative dates offered, what airmiles scheme you're using (and whether it's economy/business/first class), the itinerary of the tour and what it cost) then I/others would possibly be able to find you a similar itinerary - I'm sure you can find something vaguely similar, or find alternative flights for much less than £3000.

I agree with callum9999

provide the details and we'll do our best to get it sorted wthin your budget

Airmiles are usually refundable (sometimes for a small fee) and car hire and hotels are usually refundable up to the day so surely all is not lost?

George_Michael

callum9999 wrote: »

No you won't win a S75 claim as you've been refunded. Titan don't appear to (legally) have done anything wrong - as infuriating as that will be to you.

I don't think it matters in this case as the chances are that Titan has covered their ar5e with their T&C's but receiving a refund doesn't automatically mean that you can't make a S75 claim afterwards.

When pursuing a S75 claim, you are not limited to the amount of the original purchase so if a consumer is out of pocket for costs in excess of the original purchase price, the credit provider could be held liable for these.

leylandsunaddict

Under Section 75 the credit card company would have been jointly liable, but Titan have put you back in the position you were originally eg refunded you, and you agreed to their terms and conditions (which aren't in micro small print, just print the same size as the rest of their website) which are quite clear.

"We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required to operate a tour is not reached, then we may cancel it."

What are you expecting Section 75 cover to refund you for?

zaax

A website is not a durable medium

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf