Atol certificate

Yvonneloughran37

We booked a package holiday with to Tenerife for July 2020 but the return flight was cancelled and we moved our holiday to May 2021. Teletext holidays had given us atol certificate for original holiday but refused to issue atol cert for May 2021.  What should we do?

Westin

Was the new holiday for May 2021 still a package holiday (e.g. flight + hotel booked together at the same time)?

When you say that Teletext have refused to issue an ATOL certificate, what exactly did they say and what reason was given?

Yvonneloughran37

Yes it was exactly the same but in May 2021.  They first technical glitche but that was a excuse.  They say it's not a package holiday which I don't understand.  If the original booking was a package why not this one. Hotel transfers  and flights were changed to May 2021.

Westin

I do hope that this is a process error rather than Teletext trying to circumnavigate good business practice and avoid doing the right thing.

Your original holiday would certainly seem to fall under the definition of a package travel arrangement and with a flight inclusion would qualify for ATOL Protection.  Only air inclusive holidays with two or more travel components sold by the same (UK) supplier either at the same time or within 24 hours would qualify (e.g. Ryan air flights + hotel + car rental). I am not so sure that your new holiday arrangements qualify.

I think by them getting you to sort out changing the original Ryanair flight that technically the package arrangement has been broken.   You now have a new flight but it was not booked with the new hotel arrangements at the same time.  Just like you booking a flight directly with an airline.  As such a protected package has not been formed.

I would like to think that this might be just a process and operational issue that Teletext can resolve for you once they have rebooked the hotel and transfers.  Once those are rebooked a package could be formed (although noting it has not been packaged within the exact definition of an air-inclusive package holiday) and they again include your holiday under the ATOL scheme. There is a £2.50 pp ATOL fee.

I really hope that this is not a game play by Teletext to avoid responsibility and offer you a financially unprotected travel arrangement.

I'm going to hook in @Alan_Bowen as he is a fountain of knowledge on these matters.

Yvonneloughran37

Westin thank you I appreciate your help in this matter.  I just want to clarify that it was Savita at Teletext holidays who I spoke with and he told me to contact Ryanair to see what they were offering.  Immediately the flights were sorted I rang Savita back to sort out hotel and transfers. This was all sorted within 24 hrs of moving flight.

Regards
Yvonne Loughran 

Alan_Bowen

This looks to me as though TT are indeed seeking to avoid creating a package but I am not sure they have succeeded. You will have been originally charged a fee for booking the flights over and above the cost Ryanair were selling them for and a case, from Scotland, reported on Monday this week, suggests that charging a service fee is one of the signs that a package has been sold. The case involved our friends On the Beach for a booking prior to the change in the definition of a package in 2018, so although the claim relates to a serious injury, the issue considered was whether what was sold was a package.
I will contact the lead Trading Standards Officer for Package Travel and get his view as I suspect you are not the only customer they are trying to get to do this!

Westin

Thanks @Alan_Bowen for your view. Always appreciated. 
It will be interesting what thoughts your Trading Standards contact has to make.

Yvonneloughran37

Westin have you had any update from Alan Bowen and the trading standards.
Yvonne

Westin

Not so far but I am sure Alan_Bowen will post here as soon as he has heard back.

In the meantime have you asked Teletext about rebooking your hotel and transfers, and importantly when they do so that they set up your new holiday as an ATOL protected package?

Yvonneloughran37

Westin the hotel and transfers were sorted back last year when I discovered the return flight was cancelled. As soon as the flights were sorted TT Holidays re booked the hotel and transfers for May 2021.  I have been waiting since last May for the ATOL certificate to be emailed and kept being told by customer services at TT holidays there was a technical glitch and would receive certificate as soon as it was resolved.   It has only been in the week when I asked to speak to a manager  who would not speak to me I was told by customer service that i would not get ATOL cert as I hadn't booked a package holiday. 
Yvonne

Westin

So it sounds like either incompetent on TT side on not knowing how to use their system to reassembling the package arrangements, them trying to avoid paying the extra £2.50 pp as the ATOL levy, or TT trying to avoid their responsibility completely.  Poor show and I feel for your situation.  

Having asked you to contact RyanAir to rebook the flights has I think complicated matters. You were not to know and just followed their instructions but by taking the air component out of the holiday arrangement does place your holiday outside of the ATOL scheme.