Help! Holiday Cancelled by Operator

Alan_Bowen

It is totally unreasonable to have a condition that does not identify the point at which the tour is cancelled due to lack of numbers, and luckily the law thinks so too. Regulation 13 of the Package Travel Regulations sets out the minimum time limit for notifying a cancellation due to lack of numbers and for holidays over 6 days it is 20 days before departure.

Looking at Companies House files, there may have been a change of control in April and that may explain the mess but if the holiday had been booked in the first place, tickets to Mexico would have been paid in full long before now and that suggests to me that no tickets had been booked at all and only now have they realised that they 'forgot' about your holiday altogether.

You are entitled to compensation for breach of the law and should look at finding a suitable alternative and ask them to pay the additional costs. They do not appear to be a member of ABTA or any other trade association you could put pressure on them so good luck with your demands!

littlemissy29

thank you so much everyone!



I missed the part about the 'minimum numbers' on the T&C's. I also saw the poor reviews for the company and they seem to make a habit out of this. Hopefully my friend will have the courage to pursue - I know I would but she's not so confident. I will pass all the info you have given me - thank you again

Greta_Sharbo

Termination of the package travel contract by the organiser
13.—(1) The provisions of this regulation are implied as a term in every package travel contract.

(2) Paragraph (3) applies where—

(a)the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination of the contract within the period fixed in the contract but not later than—
(i)in the case of trips lasting more than 6 days, 20 days before the start of the package;
(ii)in the case of trips lasting between 2 and 6 days, 7 days before the start of the package;
(iii)in the case of trips lasting less than 2 days, 48 hours before the start of the package; or
(b)the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination of the contract without undue delay before the start of the package.
(3) The organiser—

(a)may terminate the package travel contract and provide the traveller with a full refund of any payments made for the package;
(b)is not liable for additional compensation.