Can a business change their terms and conditions without informing you?

jessicadavies988

Hey everyone
I just have a question and I was wondering people’s opinions or maybe even the answer “Can a business changed it’s terms and conditions without informing you”
It is a bit of a long shot but it’s bugging me slightly and unsure what to do or whether I have any legal right to argue the point.

I used On the beach to book a holiday back in October 2019 reading and agreeing to their terms and conditions. The booking confirmation and terms and conditions were then emailed to me.
Fast forward a little bit and as we all know news about coronavirus started to filter to our ears. I did check the terms and conditions again on their website and notice there was a sentence about FCO travel advice not being part of the packaged travel regulations but at the time I wasn’t to concerned as it wasn’t as relevant at the time. I did think that I hadn’t seen that when I booked but thought that again it was because at the time of booking it wouldn’t have stuck out to me.
again fast forward to the here and now. I read an article that stated FCO warning are part of the travel regulations since 2018 which made me think back to what I had read on the terms and conditions at the beginning of the year. I went back on the website for OTB and re read their terms and conditions and couldn’t find that sentence again but then I notice that the terms and conditions were so different to the terms and conditions that I had read and agreed to when purchasing. 

Which is where my question comes from and as my holiday is getting closer and the likelihood in us going is becoming less likely as days go by now I’m questioning my rights.
I have the original terms and conditions that I agreed to emailed to me with my booking confirmation. In those terms and conditions I had the right to cancel due to FCO advice among other reasons with a full refund of all money paid this does not stated that it includes or exclude flight cost it just states all money paid and does not have a limit on how soon or far from the holiday to cancel. 

The new or update terms and conditions as some may know take away this and you can only have a refund if the flight is cancelled and having the flight money paid back is depended on when the flight company refund OTB.
The current terms and conditions do not have an updated date and states these terms and conditions are for holidays booked after 1st July 2018 Which is the same sentence on the terms and conditions i received when booking.

The way I currently see it is. I entered an agreement with a company based on the Terms and conditions at the time. If that company changes their terms and conditions Which I’m sure they have a right to do but I should have at-least been notified and I may be pushing it a stretch but given the opportunity to agree to the new terms and conditions. I would also expect a company to have a date somewhere to say when they have update their terms and conditions.

I know I could be just drawn into this due to it affecting me personally and thinking irrational so I’d be grateful for others peoples prospectives and opinions and even advice so Please be kind ☺️

Thanks 
Jess

munchpot

My daughter had a holiday booked with OTB for 4 nights in Magaluf.  Had issues with them and ended up contacting the FCO
I was quite surprised when the FCO advised that travel companies and airlines aren't required to cancel holidays etc on advice of Essential travel only. It seems only DO NOT TRAVEL advice is binding.
We ended up getting accommodation costs back from OTB and having to claim off insurance for flights as they were with Ryanir and they weren't cancelling flights

DoaM

When you booked they should have sent you the terms & conditions in a durable form. This means via post or in an email ... the T&Cs printed in the email is durable; a link in an email to website terms is not. You say that they emailed the T&Cs to you ... have you checked that email? If they haven't notified you in writing (email is OK) of any contractual changes then the terms that were in force at the time of booking are the relevant terms, regardless of what any current terms may be.

Current T&Cs on their website are here: https://www.onthebeach.co.uk/terms_of_business

mobileron

It seems that travel and airline companies can try it on,please note they cant over rule consumer law.

jessicadavies988

DoaM said:

When you booked they should have sent you the terms & conditions in a durable form. This means via post or in an email ... the T&Cs printed in the email is durable; a link in an email to website terms is not. You say that they emailed the T&Cs to you ... have you checked that email? If they haven't notified you in writing (email is OK) of any contractual changes then the terms that were in force at the time of booking are the relevant terms, regardless of what any current terms may be.

Current T&Cs on their website are here: https://www.onthebeach.co.uk/terms_of_business

Hey thanks commenting.

i received the Full t&c’s as an attachment in email along with my booking confirmation.
 The ones I received are different to the ones that you would now see when you click on that link to their website.
i had no communication of contractual changes and checked triple checked all my emails. Since last year I’ve had messages back and forth about arrangements ect and again not once has changes been mentioned

jessicadavies988

munchpot said:

My daughter had a holiday booked with OTB for 4 nights in Magaluf.  Had issues with them and ended up contacting the FCO
I was quite surprised when the FCO advised that travel companies and airlines aren't required to cancel holidays etc on advice of Essential travel only. It seems only DO NOT TRAVEL advice is binding.
We ended up getting accommodation costs back from OTB and having to claim off insurance for flights as they were with Ryanir and they weren't cancelling flights

OTB changed their T&C’s but the T&C’s at the time of me booking state that i can request to cancel and receive all monies paid But i am not entitled to compensation if FCO advises against travel or this is a risk due to infection (wording is along those lines) This doesn't exclude flights costs from my understanding.
I know the current t&c’s are excluding refunding for flight money now. I agree with you about the FCO advice it appears travel companies are more important and knowledgeable that the government this days!

my flights are with ryanair also and i do have travel insurance but idk i dont see why companies like OTB can agree one thing and then change it on quiet to take your rights away 

jessicadavies988

mobileron said:

It seems that travel and airline companies can try it on,please note they cant over rule consumer law.

I do think they are ‘trying it’ but I’m happy to argue this with them as-long as I’m within my right? 

The_Rainmaker

jessicadavies988 said:

mobileron said:

It seems that travel and airline companies can try it on,please note they cant over rule consumer law.

I do think they are ‘trying it’ but I’m happy to argue this with them as-long as I’m within my right? 

Feel free, but one thing will be for certain they will have taken legal advice in this prior to issuing their updated T&Cs.

Why don't you want to go on your holiday?

IvanOpinion

Check for 'force majeure' clauses since COVID will probably fit into that

DoaM

Regarding the T&Cs ... unless OTB can evidence sending you notification of changes to them (and also allowing you the opportunity to rescind the contract if you disagreed with them) then the T&Cs when you booked are the ones that apply.

jessicadavies988

Feel free, but one thing will be for certain they will have taken legal advice in this prior to issuing their updated T&Cs.

Why don't you want to go on your holiday?

I didn’t mind going on holiday and up until this point I wanted to go but The one and only real reason I can’t go is because Of the 2 week isolation rule that the UK his put in place. 

I work for the NHS and the 2 week isolation is going to be a real pain, I can’t and don't really want a further 2 weeks off. I’ve had covid myself and already had 4 weeks isolation plus my children would have to take a further two weeks off from school to isolate and considering they have had near enough 6 months off I really don't want Them off longer. 

My parents were due to be away with us but again they work for the police so 2 weeks isolation would be a bit of a pain for them also.

Having said that I understand why it is in place 🤷🏻‍♀️ 

I just don’t know what to do