Holiday Changes

cc65

Before Xmas we booked a holiday to Egypt with a company we traveled with before, the flight details said TBC as the details related to the previous years Thomas Cook flight. We confirmed beforehand that the flight would be direct and were informed that they we in negotiations and should now details Jan/Feb, they also confirmed that once booked the price would not change. We have now been informed that if we want the date originally book, a Friday, we will have to pay extra as now our flight is on the Tuesday. What can we do as they will not give us the Friday flight unless we travel from Manchester rather than Gatwick. Is there any legal recourse we can take. The difference is £2,600 as there are 7 of us.

Alan_Bowen

If they have issued an ATOL Certificate then they are bound by the price they quoted, you can remind them that if they accept bookings before booking the flights, they are bound by the price quoted. The relevant term which they appear to have forgotten is ATOL Standard term 6.4!
"Where the flight information required by AST1.4B (a), (b), (c) and (d) relating to the flight offered as part of the service is not known to the ATOL holder at the time the consumer is invited to choose the service the ATOL holder must not enter into a contract for that licensable transaction unless: a) it informs the consumer at that time of booking that the flight information is not yet available and that it will be provided when it is known; and b) confirms the booking with the airline as soon as possible after accepting the consumer’s booking and deposit/payment and at no extra cost to the consumer. AST 6.4 comes into force on 1 April 2019."

cc65

When booked we had date and time of flight but no airline. They notified us as soon as they had a flight but we were offered Flying from Manchester on the Friday or Gatwick on the Tuesday at no extra cost, but we booked Gatwick on the Friday is this covered under ATOL 6.4

Westin

By it may be covered under ATOL but do you have an ATOL protected trip? Alan already asked if an ATOL certificate was issued. 

cc65

Certificate was issued when sent the confirmation 

MATTR5

Are they giving you the option to cancel free of charge? They have to 
Look here - https://www.abta.com/help-and-complaints/frequently-asked-questions/my-flights-been-cancelled-what-can-i-do
But bear in mind there are a lot less flights to Egypt now Cooks has gone - there may not be a flight on the Friday so thats why they are offering you the Tuesday but no way do you have to accept  - but before you cancel can you find the deal you want elsewhere - their offer might still be the best so take care 
We regularly sell holidays where flights haven't been released yet but Customers always have right to cancel Free of Charge if the flights are substantially different (a date change is substantial as above)

I am a Travel Agent
My company’s ABTA/ATOL numbers are G9172/6053. MSE doesn't check my status as a Travel Agent, so you need to take my word for it. You can check my ATOL with the CAA. This signature is here as I follow MSE's Travel Agent Code of Conduct.

cc65

Thanks all for your comments there is a flight from Gatwick but substantially more about 1/3 on top of original price. They have offered full refund of deposit but feel they shoul honour original agreement 

cc65

Forgot to mention flight on Friday is with same airline on the Tuesday

Alan_Bowen

They offered to book Friday flights at the time of booking, that was the risk they took. They might have been lucky and been able to buy for less than they expected, in which case you lose, but it is a two-way street, in this case, they have taken a risk and lost

Westin

So positive if you have an ATOL protected holiday.

It does however feel slightly like we are pulling teeth here. To further help it would be really useful to know where in Egypt you are flying to (my guess would be Hurgarda), when you are flying and who the mysterious tour operator is.

Is it correct that the tour operator has offered you a cancellation and full refund of your deposit, or the flights LGW/??? but at a higher cost?  

Were there any other terms and conditions of the advance registration that were given at the time of the initial booking?

cc65

Sorry was not sure how much information I could give as this is my first time writing on a forum. So we booked our holiday to Hurgarda from Gatwick on Friday 21 August through Red Sea Holidays. They have offered us to fly on the Tuesday from Gatwick at no extra cost, fly from Gatwick on the Friday at an extra cost of about £2,600, fly from Manchester on the Friday at no extra cost or a full refund. They have said that we came not fly from Gatwick at no extra cost because this flight is not within their allocation. This is what it says is protected on the ATOL certificate

London Gatwick to Hurghada Fri 21 Aug 2020

Hurghada to London Gatwick Fri 28 Aug 2020